Myriam Hunter-Henin

Constitutional Developments and Human Rights in France: One Step Forward, Two Steps Back

A major constitutional reform has occurred in France. On 1 March 2010, by virtue of the Constitutional Act of 10 December 2009, a new form of constitutional review came into force. The changes are considerable: the role of the Conseil constitutionnel has undergone a revolution which will have implications for ordinary courts as well as for citizens’ rights. Arguably, the reform transforms the Conseil constitutionnel — so far a council with limited powers of review — into a true Constitutional court, and as discussed below, opens up constitutional issues in ordinary litigation, enhancing the protection of citizens’ human rights. Owing to the reform, ‘Constitutional rights and liberties guaranteed by the Constitution’ can now be invoked against legislation in the course of litigation. This is a true revolution in France because, up until now, no individual was allowed to invoke the jurisdiction of the Conseil constitutionnel, nor were they authorized to invoke a constitutional principle in litigation, as this would have been asking ordinary judges to assess a piece of legislation against the Constitution, a task which exclusively belongs to the Conseil constitutionnel. Constitutional rights and liberties will now (as is further discussed below) play a key part in ordinary litigation.

Religion, Children and Employment: The Baby Loup Case

The aim of this article is to offer a systematic analysis of the French Cour de cassation’s plenary Chamber final decision on the Baby Loup case in which it was held that a private nursery had lawfully required one employee to remove her jilhab at work, in accordance with the general religious neutrality requirements contained in the nursery’s policy. The article examines the decision in light of ECtHR and French domestic legal requirements. First, I argue that laicite – rightly – held to be irrelevant still unduly taints the reasoning. As a result, proportionality and anti-discrimination provisions are not properly applied. Secondly, I compare and contrast the decision to recent ECtHR cases, notably to Eweida and Others v UK. I argue that a Baby Loup-type restriction does not meet ECHR standards. Besides, the margin of appreciation, recently used by the ECtHR to save the French ban on the full-covering of the face in the SAS case, is unlikely, as will be demonstrated, to come into play in a Baby Loup context.

The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom

partitioned by names and subjects. Although it is inevitable that there is some repetition in texts of this kind, the extent of the overlap is not overly wearisome in this textbook. There is little doubt that healthcare is a significant and entirely fascinating field in which to consider the changing social, political, and economic impact of spirituality/religion. Similarly, for those not wedded to the continuing hegemony of the bio-medical model in healthcare, spirituality/religion provides an important lens through which to understand the ways in which we understand health and illness. Despite its failings, this textbook will provide a useful resource for all of those who plough this fertile, interstitial field. Unfortunately, despite its value as a textbook, the cost will, in most cases, prohibit individual ownership. However, every library should have a copy.

Religious Freedom and Education in Europe

This edited collection brings together papers by sociologists, political scientists, historians and legal specialists who consider how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts and how these frameworks and concepts - spontaneously or under social pressure and/or prompting from the European Court of Human Rights respond to this diversity. These issues are considered in the context of education. Education is a particularly interesting and sensitive area. In those Secular States that enforce a strong separation between the Church and the State, the educational sector is seen as a tool to shape future citizens, outside of any religious influence. But even in those States where Church and State mingle to an extent, the education sector is conferred particular significance as schools are perceived as central to building a cohesive society. Secondly, because education is often addressed to children, special attention is also required on that ground. The influence that teachers are deemed to have over their pupils may thus justify greater restrictions on teachers’ religious freedom than on other employees in other sectors. Our aim is twofold: to document and explore the diversity of responses to the accommodation of religious differences in an educational context and to draw a comparative analysis.