Secular state

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Short description: State or country without a state religion
  States with no state religion
  States with state religion
  Ambiguous states or no data


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 sects 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 1985),[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

  •  Bangladesh (1972–1977)
    • Bangladesh was de facto a secular state from 1972 to 1977, when secularism was removed from the constitution by a Martial Law and the Parliament of Bangladesh declared Islam as the state religion in 1988.[162] See Secularism in Bangladesh
  • Democratic Republic of Afghanistan (1978–1987)
    • Afghanistan became a secular state following the Saur Revolution however Sunni Islam was briefly reinstated as the state religion under General Secretary Hafizullah Amin until his assassination in December 1979. President Mohammad Najibullah would reinstate Sunni Islam as the state religion in 1987.[163]
  • People's Republic of Kampuchea (1979-1993)
    • Kampuchea was a secular state from 1979 until the restoration of its monarchy in 1993.
  • Imperial State of Iran (1925–1979)
    • Iran became a de facto secular state following the 1921 Persian coup d'état with the establishment of the Pahlavi dynasty as the ruling house of the country in 1925, until the Islamic Revolution in 1979.
  •  Iraq (1932–1993)
    • Iraq became a secular state in 1932 after its independence. However, the Ba'athist regime led by Saddam Hussein launched the Return to Faith campaign in 1993 and placed significant emphasis on Islam within all sectors of state and public life.[164]
  • Myanmar (formerly Burma) (1885–1961; 1962–2008)
    • Myanmar was a secular state during the colonial period and post-independence period until 1961 and again under the socialist regime, and the military regime until 2008.
  •  Samoa (1962–2017)
    • In 2017, the Samoan legislative assembly approved a constitutional amendment that instituted Christianity as the state religion.[165]

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]

See also


Notes

  1. 1.0 1.1 1.2 State with limited recognition.[106]

References

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  15. Leaders say Botswana is a secular state
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  17. Article 4 of Constitution : "Le Burundi est une République unitaire, indépendante et souveraine, laïque et démocratique."
  18. "Preamble of Constitution". http://confinder.richmond.edu/admin/docs/Cameroon.pdf. : "... the State shall be secular."
  19. 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."
  20. "Article 1 of Constitution". http://www.chr.up.ac.za/hr_docs/constitutions/docs/ChadC%20(english%20summary)(rev).doc. : "Chad is a sovereign, independent, secular, social, and indivisible ..."
  21. "Côte d'Ivoire's Constitution of 2000". https://www.constituteproject.org/constitution/Cote_DIvoire_2000.pdf?lang=en. , Article 30: "The Republic of Côte d’Ivoire is one and indivisible, secular, democratic and social."
  22. "Constitution de la République démocratique du Congo". http://fr.wikisource.org/wiki/Constitution_de_la_R%C3%A9publique_d%C3%A9mocratique_du_Congo#Article_1er. , 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."
  23. "ICL - Congo-Brazzaville - Constitution". http://www.servat.unibe.ch/icl/cf00000_.html#A001_. , Article 1: "The Republic of the Congo is a sovereign and independent State, decentralized, indivisible, secular, democratic, and social."
  24. Article 2 of Constitution : "Le Gabon est une République indivisible, laïque, démocratique et sociale."
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  28. "2020 Report on International Religious Freedom: Ethiopia". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/ethiopia/. 
  29. "2020 Report on International Religious Freedom: Gabon". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/gabon/. 
  30. "2020 Report on International Religious Freedom: Gambia". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/gambia/. 
  31. "2020 Report on International Religious Freedom: Ghana". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/ghana/. 
  32. Article 1 of Constitution : "La Guinée est une République unitaire, indivisible, laïque, démocratique et sociale."
  33. Article 1 of Constitution : "Guinea-Bissau is a sovereign, democratic, secular and unitary republic."
  34. "The Constitution of Kenya". Archived from the original on 21 December 2013. https://web.archive.org/web/20131221100933/http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/The%20Constitution%20of%20Kenya/docs/ConstitutionofKenya%202010.pdf. 
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  36. "2020 Report on International Religious Freedom: Liberia". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/liberia/. 
  37. "Madagascar's Constitution of 2010". https://www.constituteproject.org/constitution/Madagascar_2010.pdf?lang=en. , Article 1: "The Malagasy People constitute a nation organized as a sovereign, unitary, republican and secular State."
  38. "2020 Report on International Religious Freedom: Malawi". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/malawi/. 
  39. Constitution , Article 25: "Mali is an independent, sovereign, indivisible, democratic, secular, social Republic."
  40. "2020 Report on International Religious Freedom: Mozambique". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/mozambique/. 
  41. "ICL - Namibia - Constitution". http://www.servat.unibe.ch/icl/wa00000_.html. , Article 1: "The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State ..."
  42. "2020 Report on International Religious Freedom: Niger". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/niger/. 
  43. "2020 Report on International Religious Freedom: Nigeria". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/nigeria/. 
  44. 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."
  45. 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;"
  46. 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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  51. 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"
  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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  55. "2020 Report on International Religious Freedom: Zimbabwe". United States Department of State. https://www.state.gov/reports/2020-report-on-international-religious-freedom/zimbabwe/. 
  56. "2021 Report on International Religious Freedom: Antigua and Barbuda". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/antigua-and-barbuda/. 
  57. "2021 Report on International Religious Freedom: Argentina". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/argentina/. 
  58. "2021 Report on International Religious Freedom: Bahamas". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/bahamas/. 
  59. "2021 Report on International Religious Freedom: Barbados". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/barbados/. 
  60. "2021 Report on International Religious Freedom: Belize". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/belize/. 
  61. "2021 Report on International Religious Freedom: Bolivia". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/bolivia/. 
  62. "2021 Report on International Religious Freedom: Brazil". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/brazil/. 
  63. "2021 Report on International Religious Freedom: Canada". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/canada/. 
  64. "2021 Report on International Religious Freedom: Chile". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/chile/. 
  65. "2021 Report on International Religious Freedom: Colombia". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/colombia/. 
  66. "2021 Report on International Religious Freedom: Cuba". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/cuba/. 
  67. "2021 Report on International Religious Freedom: Dominica". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/dominica/. 
  68. "2021 Report on International Religious Freedom: Dominican Republic". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/dominican-republic/. 
  69. "2021 Report on International Religious Freedom: Ecuador". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/ecuador/. 
  70. "2021 Report on International Religious Freedom: El Salvador". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/el-salvador/. 
  71. "2021 Report on International Religious Freedom: Grenada". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/grenada/. 
  72. "2021 Report on International Religious Freedom: Guatemala". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/guatemala/. 
  73. "2021 Report on International Religious Freedom: Guyana". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/guyana/. 
  74. "2021 Report on International Religious Freedom: Haiti". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/haiti/. 
  75. "2021 Report on International Religious Freedom: Honduras". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/honduras/. 
  76. "2021 Report on International Religious Freedom: Jamaica". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/jamaica/. 
  77. "2021 Report on International Religious Freedom: Mexico". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/mexico/. 
  78. "2021 Report on International Religious Freedom: Nicaragua". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/nicaragua/. 
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  82. "2021 Report on International Religious Freedom: Saint Kitts and Nevis". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/saint-kitts-and-nevis/. 
  83. "2021 Report on International Religious Freedom: Saint Lucia". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/saint-lucia/. 
  84. "2021 Report on International Religious Freedom: Saint Vincent and the Grenadines". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/saint-vincent-and-the-grenadines/. 
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  86. "2021 Report on International Religious Freedom: Trinidad and Tobago". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/trinidad-and-tobago/. 
  87. "Religion and the US Constitution: The First Amendment". Cornell Law School. https://www.law.cornell.edu/wex/religion_and_the_constitution. 
  88. "2021 Report on International Religious Freedom: Uruguay". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/uruguay/. 
  89. "2021 Report on International Religious Freedom: Venezuela". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/venezuela/. 
  90. "2021 Report on International Religious Freedom: China". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/china/. 
  91. "The Constitution (Amendment)". http://indiacode.nic.in/coiweb/amend/amend42.htm. , "We, The People of India having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its..."
  92. "2021 Report on International Religious Freedom: Indonesia". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/indonesia/. 
  93. "2021 Report on International Religious Freedom: Japan". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/japan/. 
  94. "2022 Report on International Religious Freedom: Kazakhstan". United States Department of State. https://www.state.gov/reports/2022-report-on-international-religious-freedom/kazakhstan/. 
  95. Article 1 of Constitution , Article 1: "The Kyrghyz Republic (Kyrghyzstan) shall be a sovereign unitary democratic republic created on the basis of a legal secular state."
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  97. "2021 Report on International Religious Freedom: Lebanon". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/lebanon/. 
  98. "2021 Report on International Religious Freedom: Mongolia". United States Department of State. https://www.state.gov/reports/2021-report-on-international-religious-freedom/mongolia/. 
  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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  101. "Article II Section 6 of the Constitution of the Philippines". https://www.officialgazette.gov.ph/constitutions/1987-constitution/. , "The separation of Church and State shall be inviolable."
  102. See Declaration of Religious Harmony, which explicitly states the secular nature of society
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  108. Preamble to the Constitution, "The elaboration and adoption of the Constitution of the Democratic Republic of East Timor is the culmination of the secular resistance of the Timorese People ..."
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  120. "The consolidated text of the Constitution of the Republic of Croatia as of 15 January 2014". https://www.usud.hr/sites/default/files/dokumenti/The_consolidated_text_of_the_Constitution_of_the_Republic_of_Croatia_as_of_15_January_2014.pdf. 
  121. Article 2 of the Charter of Fundamental Rights and Basic Freedoms
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  127. Articles 3, 7, 8, 19, 20 of Constitution; Constitutional Court's Decision n. 203/1989
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Bibliography

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




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