E/CN.4/2006/5/Add.4 page 19 The principle of laïcité 96. The Special Rapporteur notes that the situation prevailing today in France is different from the one which existed at the time of the adoption of the 1905 law on the separation of Church and State (loi concernant la séparation des Eglises et de l’Etat), which constitutes the basis of the principle of laïcité (which is almost equivalent to secularism) in France. While recognizing that the organization of a society according to this principle may not only be healthy, but also guarantees the fundamental right to freedom of religion or belief, she is concerned that, in some circumstances, the selective interpretation and rigid application of the principle has operated at the expense of the right to freedom of religion or belief. 97. The Special Rapporteur welcomes the fact that the one hundredth anniversary of the law of 1905 has prompted an important debate within French society, and considers that a thorough assessment of its application in the present context of religious pluralism is a necessary process in a democratic society based on the rule of law. The question of religious symbols in the public school system 98. Law 2004-228 of 15 March 2004 on the wearing of conspicuous religious symbols in public schools is widely supported by the political apparatus as well as by the population. Although the law is intended to apply equally to all persons, the Special Rapporteur is of the opinion that it has mainly affected certain religious minorities, and notably, people of a Muslim background. The Special Rapporteur believes that the wide political support for the law has conveyed a demoralizing message to religious minorities in France. 99. The law is appropriate insofar as it is intended, in accordance with the principle of the best interests of the child, to protect the autonomy of minors who may be pressured or forced to wear a headscarf or other religious symbols. However, the law denies the right of those minors who have freely chosen to wear a religious symbol to school as part of their religious belief. 100. The Special Rapporteur is of the opinion that the direct and, in particular, the indirect consequences of this law may not have been thoroughly considered. Although many interlocutors at the governmental level are satisfied with the results of the implementation of the law, she noticed that the figures are often disputed, including because the criteria used for the assessment vary. Moreover, the Special Rapporteur considers that aside from statistics, the issue is one of principle. 101. The concerns of the Special Rapporteur are more serious with regard to the indirect consequences of Law 2004-228 in the longer term. The implementation of the law by educational institutions has led, in a number of cases, to abuses that have provoked humiliation, in particular amongst young Muslim women. According to many sources, such humiliation can only lead to the radicalization of the persons affected and those associated with them. Moreover, the stigmatization of the headscarf has provoked instances of religious intolerance when women wear it outside school, at university or in the workplace. Although the law was aimed at regulating symbols related to all religions, it appears to mainly target girls from a Muslim background wearing the headscarf.