Fundamental freedoms and visibility of religious symbols in France and Quebec: Between national and non-national concepts of law?
This article compares how the laws on the wearing of religious garb or symbols manifests in France and Quebec. Starting with the recent history of jurisprudence in these two territorial spaces, the authors discuss issues raised by the presence in the public space of religious diversity, as expressed in this case by the wearing of religious symbols by individual believers, in order to reflect on the normative developments that have, since the 1990s, stirred up rather confrontational debates. The article highlights common reflections and uncertainties concerning the very definition, be it objective or subjective, of religion; the hierarchy of rights and freedoms, and their restrictions; as well as the portrayal, in the legal discourse, of the defense of common “values,” which have led to fad notions of secularism or neutrality. The judicialization in public governance of the religious can be observed in both Quebec and France, albeit each province, or country, does so differently.