Discrimination and secularism” “

The process of construction of the European Union in terms of the reinforcement of anti-discrimination policies and the analysis of the relations between the political institutions and religious confessions, starting out from the debate on the “secular state”, which is arousing such strong reactions in France: these are the two main issues tackled in the February number of ‘Europe Infos’, monthly of the Commission of the Episcopates of the European Community (COMECE) and the Catholic Office of Information and Initiative for Europe (OCIPE). A EUROPE FREE FROM DISCRIMINATION. A Green Paper to assess the progress achieved and to identify the areas where action is still needed was proposed by the European Commission last August in announcing a wide-ranging consultation on anti-discrimination measures. The Commission draws its competence in this field from Art. 13 of the Treaty (sex, religion or belief, disability, age and sexual orientation) and Art. 21 of the Charter on Fundamental Rights (social origin, genetic features, language, political or other opinions, and membership of a national minority). “So far – says ADRIANA OPROMOLLA – Art. 13 has been implemented through the Community Action Programme to combat Discrimination and two Directives adopted in 2000″ but “the enlarged Union requires renewed action, given the differences existing between the old and new member states (the latter counting a conspicuous presence of ethnic minorities). There are difficulties in transposing EC directives into national law, the lack of mechanisms for data collection and monitoring (in order to assess the real extent of the problem and means of reaction), and the necessity of focusing on strategic priorities for future actions”. The Green Paper has gathered more than 1500 contributions: COMECE has submitted its comments to the Commission, after consulting all national Bishops’ Conferences. The results were presented during a conference held in The Hague. “The main issues to face the EU after enlargement – sums up Opromolla – seemed to be the situation of Roma communities and the need for awareness-raising initiatives and capacity-building measures for civil society. It was generally felt that protection against discrimination on the ground of race was more developed than on any other ground and that this should be corrected. In addition to incomplete legislation, the persistence of discriminatory attitudes and lack of information about individual rights and obligations were perceived as the main obstacles to advancement in this field. Improving data collection, monitoring and analysis received great support and suggestions were made to co-operate with the EU’s Research Framework Programme, the EU Monitoring Centre on Racism and Xenophobia, as well as the future Fundamental Rights Agency”. Future anti-discrimination protagonists were mainly identified with national, regional and local authorities, as well as victim-support organizations. “Non-discrimination mainstreaming – points out Opromolla – was sought in the fields of education and youth, social inclusion and corporate social responsibility. A specific approach to sex discrimination and gender equality, however, should be maintained”. FRENCH-TYPE SECULARISM. “56% of the French – says the article of PAULINE DE CASTELNAU – think that secularism is in danger in their country!”. “What is it about French secularism that arouses so much debate at home and inspires misunderstanding or mistrust abroad?”. To understand this question we must go back to the 19th century and the conflicts between the Catholic Church and the anticlerical movements. A law of 1905 ruled, in Art. 2, that “the Republic does not recognize, pay the salaries of or subsidise any religious denomination”. Secularism – understood as a political system the separates Church and state, civil and religious society – had the role of guaranteeing “both the neutrality of the State and freedom of conscience”. But “certain reasonable accommodations temper this neutrality requirement. For example, budgets are set aside in schools, prisons and hospitals to finance pastoral services”. This form of secularism, “given its characteristic of mutual agreement based on shared values, was included in the last two French constitutions of 1946 and 1958. The Republic was declared to be “indivisible, secular, democratic and social”. So why have disagreements arisen today about this notion, which has become a constitutional principle? “First of all – says De Castelnau – the religious landscape in France has evolved in recent decades. The arrival in France of individuals of the Muslim faith, who have not experienced the process and conflicts leading to the separation of Church and State, makes implementation of the 1905 law problematic. Should the State finance the construction of mosques to ensure equality among religious denominations? How should it deal with the growing number of issues involving the wearing of the Islamic veil in workplaces and schools?” The work of the Convention to establish a common institutional and political structure in the member states of the European Union has further emphasized “the special character of the relations between the French State and religions”. “Article 52 of the draft European constitution is already generating a general outcry, and leading to many questions being raised in France”. European construction – concludes Pauline de Castelnau – will certainly provide the focus for the forthcoming debates in France on the role of religions in the State”.