Thursday, August 29, 2013

Religion Provisions of the Constitution of Senegal

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

Here we have the Constitution of Senegal.  Here we have a standard equal protection guarantee, a religious freedom guarantee that contains the common caveat ("subject to the respect for public order"), and a guarantee that the state shall be "secular."  Some of the language in Article 24 is interesting, as it provides special protection for religious communities from the state.

Establishment Clause—Weak

Article 1
The Republic of Senegal shall be secular, democratic and social.

Equal Protection of Religion

Article 1  It shall ensure equality before the law for all citizens, without distinction as to origin, race, sex or religion.

Religious Freedom

Article 8
The Republic of Senegal guarantees to all citizens their individual fundamental freedoms, economic
and social rights as well as group rights. These freedoms and rights are: Civil and political liberties,
freedom of opinion, freedom of expression, press freedom, freedom of association, freedom to hold
meetings, freedom of movement, freedom to protest, cultural freedoms, religious freedoms,

Article 24
Freedom of conscience and the free practice and profession of religion and culture, and the profession
of religious education shall, subject to the respect for public order, be guaranteed to all. Religious
institutions and communities shall have the right to develop without hindrance. They shall not
be subject to direct supervision by the state. They shall regulate and administer their affairs


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