Secular state explained
A secular state is an idea pertaining to secularity, whereby a state is or purports to be officially neutral in matters of religion, supporting neither religion nor irreligion.[1] A secular state claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen based on their religious beliefs, affiliation or lack of either over those with other profiles.[2]
Although secular states have no state religion, the absence of an established state religion does not mean that a state is completely secular or egalitarian. For example, some states that describe themselves as secular have religious references in their national anthems and flags, or laws that benefit one religion or another.
Origin and practice
Secularity can be established at a state's creation (e.g., the Soviet Union, the United States) or by it later secularizing (e.g., France or Nepal). Movements for laïcité in France and separation of church and state in the United States have defined modern concepts of secularism, the United States of America being the first explicitly secular government in history. Historically, the process of secularisation typically involves granting religious freedom, disestablishing state religions, stopping public funds being used for religion, freeing the legal system from religious control, freeing up the education system, tolerating citizens who change religion or abstain from religion, and allowing political leaders to come to power regardless of their religious beliefs.[3]
In France, Italy, and Spain, for example, official holidays for the public administration tend to be Christian feast days. Any private school in France that contracts with Éducation nationale means its teachers are salaried by the state—most of the Catholic schools are in this situation and, because of history, they are the majority; however, any other religious or non-religious schools also contract this way.[4] In some European states where secularism confronts monoculturalist philanthropy, some of the main Christian denominations and sects of other religions depend on the state for some of the financial resources for their religious charities.[5] It is common in corporate law and charity law to prohibit organized religion from using those funds to organize religious worship in a separate place of worship or for conversion; the religious body itself must provide the religious content, educated clergy and laypersons to exercise its own functions and may choose to devote part of their time to the separate charities. To that effect, some of those charities establish secular organizations that manage part of or all of the donations from the main religious bodies.
Many states that are nowadays secular in practice may have legal vestiges of an earlier established religion. Secularism also has various guises that may coincide with some degree of official religiosity. In the United Kingdom, the head of state is still required to take the Coronation Oath enacted in 1688, swearing to maintain the Protestant Reformed religion and to preserve the established Church of England.[6] The UK also maintains seats in the House of Lords for 26 senior clergymen of the Church of England, known as the Lords Spiritual.[7] In Canada the Canadian Charter of Rights and Freedoms affords secular freedoms of conscience and religion, thought, belief, opinion and expression, including communication, assembly and association yet the Charter's preamble maintains the concept of "the supremacy of God" which would appear to disadvantage those who hold nontheistic or polytheistic beliefs, including atheism and Buddhism.[8] [9] Italy has been a secular state since the enactment of the Constitution in 1948 (stressed by a Constitutional court's decision in 1989),[10] but still recognizes a special status for the Catholic Church. The reverse progression can also occur, however; a state can go from being secular to being a religious state, as in the case of Iran where the secularized Imperial State of Iran was replaced by an Islamic Republic. Nonetheless, the last 250 years has seen a trend towards secularism.[11] [12]
List of secular states by continent
This is the list of countries that are explicitly described as secular in their constitutions or other official state documents.
Africa
Americas
Asia
Europe
Oceania
Transcontinental countries
Formerly secular states
Ambiguous countries
- Bangladesh
- There is constitutional ambiguity whether Bangladesh is a secular country or an Islamic country. In 2010, the high court of Bangladesh reinstated secularism as a part of the Bangladesh constitution after terming the 1977 constitutional amendment done by then Bangladesh President Ziaur Rahman as illegal.[166] Political leaders and experts have expressed uncertainty if Bangladesh is a secular state or an Islamic state.[167]
- Malaysia
- In Article 3 of the Constitution of Malaysia, Islam is stated as the official religion of the country: "Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation." In 1956, the Alliance party submitted a memorandum to the Reid Commission, which was responsible for drafting the Malayan constitution. The memorandum quoted: "The religion of Malaya shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practicing their own religion and shall not imply that the state is not a secular state."[168] The full text of the Memorandum was inserted into paragraph 169 of the Commission Report.[169] This suggestion was later carried forward in the Federation of Malaya Constitutional Proposals 1957 (White Paper), specifically quoted in paragraph 57: "There has been included in the proposed Federal Constitution a declaration that Islam is the religion of the Federation. This will in no way affect the present position of the Federation as a secular State...."[170] The Cobbold Commission also made another similar quote in 1962: "....we are agreed that Islam should be the national religion for the Federation. We are satisfied that the proposal in no way jeopardises freedom of religion in the Federation, which in effect would be secular."[171] In December 1987, the Lord President of the Supreme Court, Salleh Abas described Malaysia as governed by "secular law" in a court ruling.[172]
See also
Bibliography
- Temperman, Jeroen, State Religion Relationships and Human Rights Law: Towards a Right to Religiously Neutral Governance, BRILL, 2010,
Notes and References
- Book: John T. S.. Madeley. Zsolt. Enyedi. Church and State in Contemporary Europe: The Chimera of Neutrality. 2003. Psychology Press. 978-0-7146-5394-5. 14.
- Web site: What is Secularism? . 2022-05-18 . www.secularism.org.uk . en-GB.
- Jean Baubérot The secular principle
- Teese . Richard . Private Schools in France: Evolution of a System . Comparative Education Review . 1986 . 30 . 2 . 247–259 . 10.1086/446591 . 1188531 . 144698211 .
- Web site: Twinch. Emily. Religious charities: Faith, funding and the state. Article dated 22 June 2009. Third Sector – a UK Charity Periodical. 3 June 2012. dead. https://web.archive.org/web/20130510221443/http://www.thirdsector.co.uk/news/Article/914534/religious-charities-faith-funding-state/. 10 May 2013.
- Web site: Coronation Oath. 18 March 2015.
- Web site: How members are appointed. UK Parliament. 18 March 2015.
- Hogg, Peter W. Canada Act 1982 Annotated. Toronto, Canada: The Carswell Company Limited, 1982.
- http://www.academia.edu/16378297/_The_supremacy_of_God_does_not_belong_in_the_Constitution_ Paul Russell
- Articles 3, 7, 8, 19, 20 of the Constitution of Italy; Constitutional Court's Decision n. 203/1989
- Web site: Harris Interactive: Resource Not Found . 18 March 2015 . dead . https://web.archive.org/web/20130723125147/http://www.harrisinteractive.com/news/allnewsbydate.asp?NewsID=1131 . 23 July 2013 .
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- Web site: ICL - Angola Constitution. 18 March 2015., Article 8: "The Republic of Angola shall be a secular State..."
- Web site: Article 2 of Constitution.
"The Republic of Benin shall be one - indivisible, secular, and democratic."
- http://www.mmegi.bw/2004/July/Tuesday13/404641223950.html Leaders say Botswana is a secular state
- Web site: Article 31 of Constitution. https://web.archive.org/web/20061009112408/http://www.chr.up.ac.za/hr_docs/constitutions/docs/Burkina%20FasoC%20(englishsummary)(rev).doc. dead. 9 October 2006.
"Burkina Faso is a democratic, unitary and secular state."
- http://unpan1.un.org/intradoc/groups/public/documents/CAFRAD/UNPAN004624.pdf Article 4 of Constitution
- Web site: Preamble of Constitution. 1 March 2007. 15 December 2017. https://web.archive.org/web/20171215062653/http://confinder.richmond.edu/admin/docs/Cameroon.pdf. dead.
"... the State shall be secular."
- Article 24 of the Central African Republic's Constitution of 2016, constituteproject.org: "The Central African Republic is a State of law, unitary, sovereign, indivisible, secular and democratic."
- Web site: Article 1 of Constitution. https://web.archive.org/web/20061009114533/http://www.chr.up.ac.za/hr_docs/constitutions/docs/ChadC%20(english%20summary)(rev).doc. dead. 9 October 2006.
"Chad is a sovereign, independent, secular, social, and indivisible ..."
- Web site: Comoros 2018 Constitution - Constitute .
- Web site: Côte d'Ivoire's Constitution of 2000., Article 30: "The Republic of Côte d’Ivoire is one and indivisible, secular, democratic and social."
- Web site: Constitution de la République démocratique du Congo. 18 March 2015., article 1er: "République Démocratique du Congo est, dans ses frontières du 30 juin 1960, un État de droit, indépendant, souverain, uni et indivisible, social, démocratique et laïc."
- Web site: ICL - Congo-Brazzaville - Constitution. 18 March 2015., Article 1: "The Republic of the Congo is a sovereign and independent State, decentralized, indivisible, secular, democratic, and social."
- Web site: 2020 Report on International Religious Freedom: Equatorial Guinea. United States Department of State. 4 March 2022.
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- http://unpan1.un.org/intradoc/groups/public/documents/cafrad/unpan002994.pdf Article 1 of Constitution
- http://www.cicr.org/ihl-nat.nsf/162d151af444ded44125673e00508141/8ff8cad34667b579c1257083002a6fa8/$FILE/Constitution%20Guinea%20Bissau.doc Article 1 of Constitution
- Web site: The Constitution of Kenya . 14 March 2022 . dead . https://web.archive.org/web/20131221100933/http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/The%20Constitution%20of%20Kenya/docs/ConstitutionofKenya%202010.pdf . 21 December 2013 .
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- http://confinder.richmond.edu/admin/docs/Mali.pdf Constitution
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- Web site: 2020 Report on International Religious Freedom: Nigeria. United States Department of State. 4 March 2022.
- Article 4 of the Rwanda's Constitution of 2003 with Amendments through 2015, constituteproject.org, Article 4: "The Rwandan State is an independent, sovereign, democratic, social and secular Republic."
- Article 154 of the Sao Tome and Principe's Constitution of 1975 with Amendments through 2003, constituteproject.org, "The following may not be the subject of a revision to the Constitution: [...] b. The secular status of the State;"
- Article 1 of the Senegal's Constitution of 2001 with Amendments through 2016, constituteproject.org, "The Republic of Senegal is secular, democratic, and social."
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- Web site: 2020 Report on International Religious Freedom: South Sudan. United States Department of State. 4 March 2022.
- Web site: 2020 Report on International Religious Freedom: Sudan. United States Department of State. 4 March 2022.
- Article 3 of the Tanzania (United Republic of)'s Constitution of 1977 with Amendments through 2005, constituteproject.org, "The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy"
- Article 1 of the Togo's Constitution of 1992 with Amendments through 2007, constituteproject.org, "The Togolese Republic is a State of law, secular, democratic and social."
- Web site: Why Tunisia abandoning Islam as a state religion?. GR.
- Web site: 2020 Report on International Religious Freedom: Uganda. United States Department of State. 4 March 2022.
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- Web site: 2021 Report on International Religious Freedom: Dominican Republic. United States Department of State. 5 March 2023.
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- Web site: 2021 Report on International Religious Freedom: El Salvador. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Grenada. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Guatemala. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Guyana. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Haiti. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Honduras. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Jamaica. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Mexico. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Nicaragua. United States Department of State. 5 March 2023.
- Web site: 2021 Report on International Religious Freedom: Paraguay. United States Department of State. 5 March 2023.
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- Web site: 2021 Report on International Religious Freedom: Peru. United States Department of State. 5 March 2023.
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- Web site: Religion and the US Constitution: The First Amendment. Cornell Law School. 9 May 2022.
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- Web site: The Constitution (Amendment). dead. https://web.archive.org/web/20150328040620/http://indiacode.nic.in/coiweb/amend/amend42.htm. 28 March 2015., "We, The People of India having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its..."
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- http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/Foreigners_and_citizens/Nationality/Documents/National_legislation/Kyrgyzstan%20Constitution%20of%20the%20Kyrghyz%20Republic.asp Article 1 of Constitution
- Web site: 2021 Report on International Religious Freedom: Laos. United States Department of State. 9 March 2023.
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- Web site: 2021 Report on International Religious Freedom: Mongolia. United States Department of State. 9 March 2023.
"After 2005, the Marxist-Leninist government of reunified Nepal declared the state atheist while theoretically allowing people the right to practice their religion under the constitution."
- Web site: 2021 Report on International Religious Freedom: North Korea. United States Department of State. 24 October 2023.
- Web site: Article II Section 6 of the Constitution of the Philippines. 12 March 2021. 5 January 2019. https://web.archive.org/web/20190105085906/https://www.officialgazette.gov.ph/constitutions/1987-constitution/. dead., "The separation of Church and State shall be inviolable."
- See Declaration of Religious Harmony, which explicitly states the secular nature of society
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- Web site: 2021 Report on International Religious Freedom: Taiwan. United States Department of State. 9 March 2023.
- Web site: Tajikistan's Constitution of 1994 with Amendments through 2003., Article 1: "The Republic of Tajikistan is a sovereign, democratic, law-governed, secular, and unitary State."
- https://constituteproject.org/constitution/East_Timor_2002.pdf?lang=en Preamble to the Constitution
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- Web site: Constitution of Turkmenistan. 18 March 2015. 14 April 2015. https://web.archive.org/web/20150414030847/http://www.uta.edu/cpsees/TURKCON.htm. dead., Article 1: "Turkmenistan is a democratic secular state ..."
- Web site: 2021 Report on International Religious Freedom: Uzbekistan. United States Department of State. 9 March 2023.
"After 1975, the Marxist-Leninist government of reunified Vietnam declared the state atheist while theoretically allowing people the right to practice their religion under the constitution."
- Web site: ICL - Albania - Constitution. 18 March 2015.
- Web site: 2020 Report on International Religious Freedom:Andorra. United States Department of State . 12 May 2021 . 29 December 2022.
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- Book: Yearbook of Muslims in Europe. Jørgen. Nielsen. Samim. Akgönül. Ahmet. Alibašić. Egdunas. Racius. 19 September 2013. BRILL. Google Books. 9789004255869.
- In Belgium, Article 20 of the Constitution provides: No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of religion, nor to observe the days of rest. Web site: ICL - Belgium - Constitution. 18 March 2015.
- Web site: United States Department of State . United States Department of State . 12 May 2021 . 10 Feb 2022.
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- http://angl.concourt.cz/angl_verze/rights.php Article 2 of the Charter of Fundamental Rights and Basic Freedoms
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- Fifth Amendment of the Constitution Act, 1972
- Articles 3, 7, 8, 19, 20 of Constitution; Constitutional Court's Decision n. 203/1989
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- http://www.srbija.gov.rs/cinjenice_o_srbiji/ustav_odredbe.php?id=217 Article 11 of the Constitution
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- Web site: Article 16 of Constitution. 18 March 2015.
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- Article 4 of the 2013 Constitution of Fiji explicitly provides that Fiji is a secular state. It guarantees religious liberty, while stating, "religious belief is personal", and, "religion and the State are separate." Constitution of the Republic of Fiji, 2013
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- Section 2 of Article IV of the Micronesian constitution provides, "no law may be passed respecting an establishment of religion or impairing the free exercise of religion, except that assistance may be provided to parochial schools for non-religious purposes." Web site: Constitution of the Federated States of Micronesia.
- Web site: 2020 Report on International Religious Freedom: Nauru. United States Department of State. 4 March 2022.
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- Tan Sri Datuk Ahmad Ibrahim, Our Constitution and Islamic Faith, p. 8, 25 August 1987, New Straits Times
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- The birth of Malaysia: A reprint of the Report of the Commission of Enquiry, North Borneo and Sarawak, 1962 (Cobbold report) and the Report of the Inter-governmental Committee, (1962–I.G.C. report), p. 58
- Wan Azhar Wan Ahmad, Historical legal perspective, 17 March 2009, The Star (Malaysia)