Faculty of Humanities and Social Sciences 4

Considering the state of regulations on religion

Professor, Faculty of Humanities and Social Sciences (Constitutional law)

Hiroshi Nakashima

I am researching regulations on religion in countries ruled by law. In particular, I have analyzed regulations on cults and religious clothing (scarves, burqas, etc.) in France. Both Japan and France have the principle of separation of church and state, so the state must be religiously neutral. In principle, this means that the state is prohibited from officially recognizing a particular religion or a “bad religion.” For example, France’s famous Anti-Cult Law does not define or recognize a cult. It generally criminalizes acts that violate the freedom of the people. Therefore, the law is not limited to religious groups but extends to all other groups as well. The ban on face coverings also prohibits concealment of the face in public spaces (although it is controversial). Even if religious freedom is guaranteed, a blind eye cannot be turned to human rights violations by religious groups. However, there appears to be no simple solution to this issue.

▲This is the entrance to the Constitutional Council. Above the door is the Sphinx.

▲On the wall of the French Prime Minister’s Office are articles of the 1789 Declaration of the Rights of Man.