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Secular state

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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, laws that benefit one religion or another, or are members of the Organisation of Islamic Cooperation and of the International Religious Freedom or Belief Alliance.

Origin and practice

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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

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See also: Constitutional references to God

This is the list of countries that are explicitly described as secular in their constitutions or other official state documents.

Africa

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Americas

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Asia

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Europe

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Oceania

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Transcontinental countries

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Formerly secular states

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Ambiguous countries

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  •  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.[170] Political leaders and experts have expressed uncertainty if Bangladesh is a secular state or an Islamic state.[171]
  •  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."[172] The full text of the Memorandum was inserted into paragraph 169 of the Commission Report.[173] 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...."[174] 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."[175] In December 1987, the Lord President of the Supreme Court, Salleh Abas described Malaysia as governed by "secular law" in a court ruling.[176]

See also

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Look up secular in Wiktionary, the free dictionary.

Notes

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  1. ^ a b c State with limited recognition.[106]
  2. ^ Section 116 of the Constitution of Australia provides, "the Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.[146] However, the states retain the power to pass religiously discriminatory laws.[147]

References

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  8. ^ Hogg, Peter W. Canada Act 1982 Annotated. Toronto, Canada: The Carswell Company Limited, 1982.
  9. ^ Paul Russell, "The supremacy of God" does not belong in the Constitution": The Globe & Mail, June 11, 1999
  10. ^ Articles 3, 7, 8, 19, 20 of the Constitution of Italy; Constitutional Court's Decision n. 203/1989
  11. ^ "Harris Interactive: Resource Not Found". Archived from the original on 23 July 2013. Retrieved 18 March 2015.
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  52. ^ 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."
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  98. ^ "2021 Report on International Religious Freedom: Mongolia". United States Department of State. Retrieved 9 March 2023.
  99. ^ Dodd 2003, p. 571, The rough guide to Nepal: "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."
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Bibliography

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  • Temperman, Jeroen, State Religion Relationships and Human Rights Law: Towards a Right to Religiously Neutral Governance, BRILL, 2010, ISBN 9004181482
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