Within the United States Army, it is estimated that as many as 10,000 soldiers are Muslim. However, in 2008, only 3,086 active duty personnel self-identified as Muslim. Following the attacks of September 11 and more recently, the 2009 Fort Hood shooting, there has been a marked shift in the general public’s perception toward Muslim citizens, and for American soldiers whom are Muslim; they have been placed in incredibly difficult circumstances. In this report, I aim to document the experiences of soldiers who are Muslim within the U.S. Armed Forces, and report on their struggles, successes and lives, in an era when Islamic terrorist and extremist groups are considered to be the United States nemesis. A vast majority of soldiers never encounter prejudice or experience religious or ethnic discrimination, but some do. And for soldiers who face prejudice in the military based on their religion or ethnicity, there is often little internal protection available from the higher chain of command. The problem may be relatively small in scope with regard to the number of soldiers affected on a daily basis, but fundamentally important constitutional rights are at stake in these cases of institutional lack of protection / text

No description available.

O debate sobre a laicidade do Estado sempre esteve presente em diversos âmbitos de discussão, políticos, sociais e acadêmicos. Não obstante, se faz necessário o fortalecimento dos recursos argumentativos para lidar com a questão de forma concreta. A constituição federal de 1988 não declara expressamente que o Brasil é laico, mas traz de forma consolidada todos os elementos que formam este entendimento. Isso se dá pela caracterização do Estado democrático garantidor da igualdade e da liberdade inclusive religiosa de seus cidadãos. Soma-se a isso a determinação constitucional de separação institucional entre o Estado e a religião. Nesta perspectiva, este trabalho se propõe a fazer uma análise da proteção jurídico-constitucional do princípio da laicidade no Brasil e seus desdobramentos práticos. A efetivação do princípio da laicidade é um processo em construção e, deste modo, é necessário o amadurecimento democrático e esforço positivo das instituições públicas para sua realização. É feito inicialmente o levantamento da construção histórica da laicidade no país e a tentativa de organizar alguns conceitos teóricos sobre o tema, na perspectiva de alinhar entendimentos usados durante o trabalho. Parte-se então para a análise do caráter constitucional do princípio da laicidade e os significados decorrentes desse diagnóstico. Sendo um tema complexo, diretamente relacionado aos parâmetros sociais que compõe o Estado brasileiro, é necessário discutir os aspectos democráticos importantes para a concretização do princípio da laicidade, abordando a dicotomia entre democracia e constitucionalismo, bem como algumas considerações sobre a presença religiosa na esfera pública. Por fim, considerando justamente o processo em construção para consolidação da laicidade, são analisados casos concretos referentes ao tema, visando à compreensão do grau atual de efetivação do princípio no país e os desafios que se impõem para a garantia do preceito constitucional. / The debate over the laicity (from the French concept laïcité) of the state has always been present in the political, social and academic arenas. Nevertheless, it is necessary to strengthen the analytic resources to concretely deal with this issue. The federal constitution of 1988 does not expressly state that Brazil is a laic state, but, all-together, one can read all the elements that lead to such an understanding. This is the effect of the characterization of the democratic state that guarantees equality and freedom - including the religious freedom- of its citizens. The constitutional determination of an institutional separation between state and religion is also another factor. In this perspective, this thesis aims to make an analysis of the legal and constitutional protection of the principle of laicity in Brazil and its practical consequences. The implementation of the principle of laicity is an ongoing process and thus the democratic maturing and conscious effort of the public institutions are necessary. The thesis begins with the historical development of laicity in the country as well as of some theoretical concepts on the subject. Later, the constitutional character of the principle of laicity and the meanings arising from this diagnosis are analyzed. Relevant democratic aspects for the implementation of the principle of laicity, regarding the dichotomy between democracy and constitutionalism, as well as some thoughts on the religious presence in the public sphere could not be avoided, since the issue is a complex one, directly related to the social parameters that make up the Brazilian State. Finally, considering the ongoing process for the consolidation of laicity, the concrete cases on the subject are also scrutinized, aiming to understand the actual degree of realization of the principle in the country and the challenges imposed to guarantee the constitutional guideline.

This thesis presents a study of the institutions, forms and manifestations of secularism, or 'laïcité', in France, in the context of a series of events which came to be called the 'affaire du foulard'. The first incidents in the affaire took place in September 1989 with the expulsion of three primary schoolgirls in Creil, in the north of France, who were insisting on wearing the Islamic headscarf (known in French as the 'foulard') to school. Their actions were deemed contrary to the fundamental Republican principle of secularism in public schools, and the events were reported in several newspapers, before becoming a national controversy in media around the country. In this case, however, it was difficult to know how to interpret and apply laïcité in the context of a modern public school in the French Republic. The principle of secularism, or laïcité, is a central tenet of French public policy, and public education in particular. Laïcité also represents a set of social and cultural values which have profound historical resonances for many French people. At the same time, the public schools were unsure of how to negotiate their students’ freedom of religious expression, which, according to historical and legislative texts, is protected and upheld by the concept of laïcité, while also ensuring that the principle of laïcité was maintained. In a bid to resolve the uncertainty, France’s highest administrative court, the Conseil d’État, handed down a legal opinion in November 1989 in which it stated that the wearing of religious signs in public schools was not by itself incompatible with laïcité in France, although the religious signs could be prohibited in certain circumstances. In addition, various ministerial circulars were issued by successive Education Ministers between 1989 and 1994 to advise schools on how the law was to be interpreted and applied in this matter. One of the circulars, issued in 1994 by François Bayrou, encouraged schools to prohibit the wearing of the foulard and to apply strict penalties if Muslim girls continued to wear it. These measures resulted in an increase in the number of Muslim schoolgirls expelled for wearing the foulard, as well as in the numbers of public protests against the expulsions and the circular itself. Some of the schoolgirls and their families appealed against the expulsion decisions, and their cases appeared before France’s administrative courts over the years between 1992 and 1997. My thesis examines the key legal and administrative texts in the affaire du foulard, including the Conseil d’État’s 1989 legal opinion and the ministerial circulars, noting the legal implications of successive circulars and the shifts in government policy which they represented. In addition, my thesis analyses the transcripts of many of the legal judgements in the “headscarf” legal cases. These judgements were important not only in deciding the future education of the schoolgirls, but also in clarifying the 1989 opinion. They established a consistent set of principles to define the circumstances in which wearing religious signs such as the foulard was considered compatible or not with laïcité in public schools. The results of this analysis indicate that, contrary to popular opinion in relation to the affaire du foulard, the majority of cases were decided in the Muslim girls’ favour and upheld their right to wear a religious sign such as the Islamic headscarf at school. Recently, however, the legal regime in France governing the wearing of religious signs has changed. In early 2004, a new law on secularism was passed by the French Parliament to prohibit the wearing of the foulard (and indeed all visible religious signs) in public schools. The law has been welcomed by many sectors of the French community, but has also provoked extensive public protests. The passage of the new law does not alter either the analytical work or the conclusions of this thesis. Rather, the thesis offers an insight into the background of the affaire du foulard and thus a more informed appreciation of the potential legal and social consequences of the 2004 law in future years. The principal aim of this thesis is to provide a careful account of the institutions and operation of the principle of secularism, or laïcité, in France. My research also explains some of the complexities of the legislative regime established by the Conseil d’État and the administrative courts, who worked to balance priorities of freedom of religion and laïcité as well as to protect the education of many expelled Muslim schoolgirls, and in so doing, my thesis highlights the complexity of the principle of laïcité itself.

This thesis presents a study of the institutions, forms and manifestations of secularism, or 'laïcité', in France, in the context of a series of events which came to be called the 'affaire du foulard'. The first incidents in the affaire took place in September 1989 with the expulsion of three primary schoolgirls in Creil, in the north of France, who were insisting on wearing the Islamic headscarf (known in French as the 'foulard') to school. Their actions were deemed contrary to the fundamental Republican principle of secularism in public schools, and the events were reported in several newspapers, before becoming a national controversy in media around the country. In this case, however, it was difficult to know how to interpret and apply laïcité in the context of a modern public school in the French Republic. The principle of secularism, or laïcité, is a central tenet of French public policy, and public education in particular. Laïcité also represents a set of social and cultural values which have profound historical resonances for many French people. At the same time, the public schools were unsure of how to negotiate their students’ freedom of religious expression, which, according to historical and legislative texts, is protected and upheld by the concept of laïcité, while also ensuring that the principle of laïcité was maintained. In a bid to resolve the uncertainty, France’s highest administrative court, the Conseil d’État, handed down a legal opinion in November 1989 in which it stated that the wearing of religious signs in public schools was not by itself incompatible with laïcité in France, although the religious signs could be prohibited in certain circumstances. In addition, various ministerial circulars were issued by successive Education Ministers between 1989 and 1994 to advise schools on how the law was to be interpreted and applied in this matter. One of the circulars, issued in 1994 by François Bayrou, encouraged schools to prohibit the wearing of the foulard and to apply strict penalties if Muslim girls continued to wear it. These measures resulted in an increase in the number of Muslim schoolgirls expelled for wearing the foulard, as well as in the numbers of public protests against the expulsions and the circular itself. Some of the schoolgirls and their families appealed against the expulsion decisions, and their cases appeared before France’s administrative courts over the years between 1992 and 1997. My thesis examines the key legal and administrative texts in the affaire du foulard, including the Conseil d’État’s 1989 legal opinion and the ministerial circulars, noting the legal implications of successive circulars and the shifts in government policy which they represented. In addition, my thesis analyses the transcripts of many of the legal judgements in the “headscarf” legal cases. These judgements were important not only in deciding the future education of the schoolgirls, but also in clarifying the 1989 opinion. They established a consistent set of principles to define the circumstances in which wearing religious signs such as the foulard was considered compatible or not with laïcité in public schools. The results of this analysis indicate that, contrary to popular opinion in relation to the affaire du foulard, the majority of cases were decided in the Muslim girls’ favour and upheld their right to wear a religious sign such as the Islamic headscarf at school. Recently, however, the legal regime in France governing the wearing of religious signs has changed. In early 2004, a new law on secularism was passed by the French Parliament to prohibit the wearing of the foulard (and indeed all visible religious signs) in public schools. The law has been welcomed by many sectors of the French community, but has also provoked extensive public protests. The passage of the new law does not alter either the analytical work or the conclusions of this thesis. Rather, the thesis offers an insight into the background of the affaire du foulard and thus a more informed appreciation of the potential legal and social consequences of the 2004 law in future years. The principal aim of this thesis is to provide a careful account of the institutions and operation of the principle of secularism, or laïcité, in France. My research also explains some of the complexities of the legislative regime established by the Conseil d’État and the administrative courts, who worked to balance priorities of freedom of religion and laïcité as well as to protect the education of many expelled Muslim schoolgirls, and in so doing, my thesis highlights the complexity of the principle of laïcité itself.

This thesis presents a study of the institutions, forms and manifestations of secularism, or 'laïcité', in France, in the context of a series of events which came to be called the 'affaire du foulard'. The first incidents in the affaire took place in September 1989 with the expulsion of three primary schoolgirls in Creil, in the north of France, who were insisting on wearing the Islamic headscarf (known in French as the 'foulard') to school. Their actions were deemed contrary to the fundamental Republican principle of secularism in public schools, and the events were reported in several newspapers, before becoming a national controversy in media around the country. In this case, however, it was difficult to know how to interpret and apply laïcité in the context of a modern public school in the French Republic. The principle of secularism, or laïcité, is a central tenet of French public policy, and public education in particular. Laïcité also represents a set of social and cultural values which have profound historical resonances for many French people. At the same time, the public schools were unsure of how to negotiate their students’ freedom of religious expression, which, according to historical and legislative texts, is protected and upheld by the concept of laïcité, while also ensuring that the principle of laïcité was maintained. In a bid to resolve the uncertainty, France’s highest administrative court, the Conseil d’État, handed down a legal opinion in November 1989 in which it stated that the wearing of religious signs in public schools was not by itself incompatible with laïcité in France, although the religious signs could be prohibited in certain circumstances. In addition, various ministerial circulars were issued by successive Education Ministers between 1989 and 1994 to advise schools on how the law was to be interpreted and applied in this matter. One of the circulars, issued in 1994 by François Bayrou, encouraged schools to prohibit the wearing of the foulard and to apply strict penalties if Muslim girls continued to wear it. These measures resulted in an increase in the number of Muslim schoolgirls expelled for wearing the foulard, as well as in the numbers of public protests against the expulsions and the circular itself. Some of the schoolgirls and their families appealed against the expulsion decisions, and their cases appeared before France’s administrative courts over the years between 1992 and 1997. My thesis examines the key legal and administrative texts in the affaire du foulard, including the Conseil d’État’s 1989 legal opinion and the ministerial circulars, noting the legal implications of successive circulars and the shifts in government policy which they represented. In addition, my thesis analyses the transcripts of many of the legal judgements in the “headscarf” legal cases. These judgements were important not only in deciding the future education of the schoolgirls, but also in clarifying the 1989 opinion. They established a consistent set of principles to define the circumstances in which wearing religious signs such as the foulard was considered compatible or not with laïcité in public schools. The results of this analysis indicate that, contrary to popular opinion in relation to the affaire du foulard, the majority of cases were decided in the Muslim girls’ favour and upheld their right to wear a religious sign such as the Islamic headscarf at school. Recently, however, the legal regime in France governing the wearing of religious signs has changed. In early 2004, a new law on secularism was passed by the French Parliament to prohibit the wearing of the foulard (and indeed all visible religious signs) in public schools. The law has been welcomed by many sectors of the French community, but has also provoked extensive public protests. The passage of the new law does not alter either the analytical work or the conclusions of this thesis. Rather, the thesis offers an insight into the background of the affaire du foulard and thus a more informed appreciation of the potential legal and social consequences of the 2004 law in future years. The principal aim of this thesis is to provide a careful account of the institutions and operation of the principle of secularism, or laïcité, in France. My research also explains some of the complexities of the legislative regime established by the Conseil d’État and the administrative courts, who worked to balance priorities of freedom of religion and laïcité as well as to protect the education of many expelled Muslim schoolgirls, and in so doing, my thesis highlights the complexity of the principle of laïcité itself.

This thesis presents a study of the institutions, forms and manifestations of secularism, or 'laïcité', in France, in the context of a series of events which came to be called the 'affaire du foulard'. The first incidents in the affaire took place in September 1989 with the expulsion of three primary schoolgirls in Creil, in the north of France, who were insisting on wearing the Islamic headscarf (known in French as the 'foulard') to school. Their actions were deemed contrary to the fundamental Republican principle of secularism in public schools, and the events were reported in several newspapers, before becoming a national controversy in media around the country. In this case, however, it was difficult to know how to interpret and apply laïcité in the context of a modern public school in the French Republic. The principle of secularism, or laïcité, is a central tenet of French public policy, and public education in particular. Laïcité also represents a set of social and cultural values which have profound historical resonances for many French people. At the same time, the public schools were unsure of how to negotiate their students’ freedom of religious expression, which, according to historical and legislative texts, is protected and upheld by the concept of laïcité, while also ensuring that the principle of laïcité was maintained. In a bid to resolve the uncertainty, France’s highest administrative court, the Conseil d’État, handed down a legal opinion in November 1989 in which it stated that the wearing of religious signs in public schools was not by itself incompatible with laïcité in France, although the religious signs could be prohibited in certain circumstances. In addition, various ministerial circulars were issued by successive Education Ministers between 1989 and 1994 to advise schools on how the law was to be interpreted and applied in this matter. One of the circulars, issued in 1994 by François Bayrou, encouraged schools to prohibit the wearing of the foulard and to apply strict penalties if Muslim girls continued to wear it. These measures resulted in an increase in the number of Muslim schoolgirls expelled for wearing the foulard, as well as in the numbers of public protests against the expulsions and the circular itself. Some of the schoolgirls and their families appealed against the expulsion decisions, and their cases appeared before France’s administrative courts over the years between 1992 and 1997. My thesis examines the key legal and administrative texts in the affaire du foulard, including the Conseil d’État’s 1989 legal opinion and the ministerial circulars, noting the legal implications of successive circulars and the shifts in government policy which they represented. In addition, my thesis analyses the transcripts of many of the legal judgements in the “headscarf” legal cases. These judgements were important not only in deciding the future education of the schoolgirls, but also in clarifying the 1989 opinion. They established a consistent set of principles to define the circumstances in which wearing religious signs such as the foulard was considered compatible or not with laïcité in public schools. The results of this analysis indicate that, contrary to popular opinion in relation to the affaire du foulard, the majority of cases were decided in the Muslim girls’ favour and upheld their right to wear a religious sign such as the Islamic headscarf at school. Recently, however, the legal regime in France governing the wearing of religious signs has changed. In early 2004, a new law on secularism was passed by the French Parliament to prohibit the wearing of the foulard (and indeed all visible religious signs) in public schools. The law has been welcomed by many sectors of the French community, but has also provoked extensive public protests. The passage of the new law does not alter either the analytical work or the conclusions of this thesis. Rather, the thesis offers an insight into the background of the affaire du foulard and thus a more informed appreciation of the potential legal and social consequences of the 2004 law in future years. The principal aim of this thesis is to provide a careful account of the institutions and operation of the principle of secularism, or laïcité, in France. My research also explains some of the complexities of the legislative regime established by the Conseil d’État and the administrative courts, who worked to balance priorities of freedom of religion and laïcité as well as to protect the education of many expelled Muslim schoolgirls, and in so doing, my thesis highlights the complexity of the principle of laïcité itself.

O debate sobre a laicidade do Estado sempre esteve presente em diversos âmbitos de discussão, políticos, sociais e acadêmicos. Não obstante, se faz necessário o fortalecimento dos recursos argumentativos para lidar com a questão de forma concreta. A constituição federal de 1988 não declara expressamente que o Brasil é laico, mas traz de forma consolidada todos os elementos que formam este entendimento. Isso se dá pela caracterização do Estado democrático garantidor da igualdade e da liberdade inclusive religiosa de seus cidadãos. Soma-se a isso a determinação constitucional de separação institucional entre o Estado e a religião. Nesta perspectiva, este trabalho se propõe a fazer uma análise da proteção jurídico-constitucional do princípio da laicidade no Brasil e seus desdobramentos práticos. A efetivação do princípio da laicidade é um processo em construção e, deste modo, é necessário o amadurecimento democrático e esforço positivo das instituições públicas para sua realização. É feito inicialmente o levantamento da construção histórica da laicidade no país e a tentativa de organizar alguns conceitos teóricos sobre o tema, na perspectiva de alinhar entendimentos usados durante o trabalho. Parte-se então para a análise do caráter constitucional do princípio da laicidade e os significados decorrentes desse diagnóstico. Sendo um tema complexo, diretamente relacionado aos parâmetros sociais que compõe o Estado brasileiro, é necessário discutir os aspectos democráticos importantes para a concretização do princípio da laicidade, abordando a dicotomia entre democracia e constitucionalismo, bem como algumas considerações sobre a presença religiosa na esfera pública. Por fim, considerando justamente o processo em construção para consolidação da laicidade, são analisados casos concretos referentes ao tema, visando à compreensão do grau atual de efetivação do princípio no país e os desafios que se impõem para a garantia do preceito constitucional. / The debate over the laicity (from the French concept laïcité) of the state has always been present in the political, social and academic arenas. Nevertheless, it is necessary to strengthen the analytic resources to concretely deal with this issue. The federal constitution of 1988 does not expressly state that Brazil is a laic state, but, all-together, one can read all the elements that lead to such an understanding. This is the effect of the characterization of the democratic state that guarantees equality and freedom - including the religious freedom- of its citizens. The constitutional determination of an institutional separation between state and religion is also another factor. In this perspective, this thesis aims to make an analysis of the legal and constitutional protection of the principle of laicity in Brazil and its practical consequences. The implementation of the principle of laicity is an ongoing process and thus the democratic maturing and conscious effort of the public institutions are necessary. The thesis begins with the historical development of laicity in the country as well as of some theoretical concepts on the subject. Later, the constitutional character of the principle of laicity and the meanings arising from this diagnosis are analyzed. Relevant democratic aspects for the implementation of the principle of laicity, regarding the dichotomy between democracy and constitutionalism, as well as some thoughts on the religious presence in the public sphere could not be avoided, since the issue is a complex one, directly related to the social parameters that make up the Brazilian State. Finally, considering the ongoing process for the consolidation of laicity, the concrete cases on the subject are also scrutinized, aiming to understand the actual degree of realization of the principle in the country and the challenges imposed to guarantee the constitutional guideline.

No description available.

本文探究的主題為宗教教育之合憲性，這個主題在本論文中包含三個子題：一、公立學校可否實施具有宗教信仰內涵的生命教育？二、國家可否禁止私立中小學開設宗教教育？三、憲法是否賦予新約教徒有權拒絕接受牴觸其宗教信仰之教育，而選擇在家教育的權利？針對這些問題，本論文首先從歷史分析的角度，探討宗教教育之發展。其次，闡釋宗教教育之合憲性基礎。最後，基於上述的研究基礎，再進一步判斷宗教教育之合憲性。 　　在公立學校之宗教教育方面。若依據政教分離之限定分離說觀點，生命教育的實施，如果能對於各種宗教信仰廣為介紹，保障學校成為一個以學生自我實現為核心之多元、開放、中立而寬容之場域，尚不至於違憲；但若只提供某一特定宗教信仰的內涵，使學生沒有選擇的可能性，將會違反政教分離原則。若從徹底分離說的觀點，生命教育的教材內容，如果其內容蘊含一特定宗教信仰內涵時，將會違反憲法之政教分離原則。 　　在私立學校之宗教教育方面。在公立學校以外的宗教教育，由於並不涉及政教分離原則，而為憲法宗教自由之保障對象；而且，私立學校基於其辦學之目的，得自由選擇教師及學生，且已事先告知其應接受之宗教教育課程，故私立學校得自由開設宗教教育課程；因此，我國禁止私立學校開設宗教教育課程，實已違反憲法對於宗教自由的保障。 　　在新約教會之案例方面。當父母之宗教信仰與學校之價值體系有衝突時，為保障父母之宗教自由，應承認父母享有入學義務拒絕權，而可以主張在家教育；但為了保障子女之受教育權，此種取代學校教育之在家教育，必須除了宗教內容之課程外，也必須提供相當於一般公、私立學校所實施之國民教育內容及程度，使其子女享有與一般學校學生同值之教育。 / The motif of the thesis is to investigate the constitutionality of the religious education. This thesis includes three sub-thesis: 1. could the public schools enforce the education of the life with the significance of the religion?2. could the state forbid the private primary and junior high schools to establish the religious education? 3.does the constitution authorize the Xinyue Protestants to decline the general education which offends against their religious beliefs and choose to be educated at home? Aiming at these problems, this thesis sets out from the stance of the historical analysis to inquire into the development of the religious education. Then, the thesis explicates the foundation of the constitutionality of the religious education. Finally, basing upon the aforesaid results, then further discuss the constitutionality of the religious education. 　　With the respect of religious education in the public schools, if according to the standpoint of the separation of church and state, the enforcement of the life education should spread various religions, secure the schools to provide a place for targeting the self-realization of the students and for the diversified, broadminded, neutralism and tolerance sphere, the aforesaid religious education is unlikely to unconstitutionality. But if the schools provide the one and only religious education, make the students have no selective possibility, and then these schools have acted against the principle of the separation of church and state . If from the standpoint of thorough split, the content of the teaching materials of the life education includes the courses of the one and only religion, then it acts against the constitutionality of the principle of the separation of church and state . 　　With the respect of religious education in the private schools, because the schools don’t involve the principle of the separation of church and state , therefore, they are targets of protection under the constitution for religious freedom; furthermore, the private schools may depend on its own purpose of establishment to freely select instructors and students and because being notified them about the required courses of religious education in advance, they may freely set up religious courses; our country forbids their setting religious courses have violated constitution. 　　With the respect of the case study of Xinyue Protestants, when the parents’ religious beliefs and the value system of the schools generate the conflicts, to protect the parents’ religious freedom the state should acknowledge that the parents have the right to decline the registration of their children for the required schooling education and may have right to educate their children at home; while to protect the rights of children for education as well, the substitute schooling education at home should provide similar content and standard of the general civil education as offered by the public and private schools in general in addition to the courses of religious education to let their children may also accept the equivalent education in the general schools.