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France

Executive Summary

The constitution and the law protect the right of individuals to choose, change, and practice religion. Interior Minister Christophe Castaner announced that since 2018 authorities had closed 159 institutions open to the public, including 13 places of worship, to combat Islamism and secluded communities. President Emmanuel Macron and other government officials again condemned anti-Semitic, anti-Muslim, and anti-Christian acts, and the government augmented from 7,000 to 10,000 the number of security forces it deployed to protect religious and other sensitive sites. President Macron publicly stated anti-Semitism had grown and reached its worst level since World War II. He called anti-Zionism a modern form of anti-Semitism and said it was why the government would implement the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism. The National Assembly separately passed a resolution adopting the IHRA definition. Interior Minister Castaner and Justice Minister Nicole Belloubet announced additional measures to combat anti-Semitism, including enhanced security for religious sites and improved guidance for prosecutors evaluating hate crimes. As part of the 2018-2020 national plan to combat racism and anti-Semitism, the government awarded the first annual national anti-racism prize and dedicated 2.3 million euros ($2.58 million) for local projects on the issue. The government continued to enforce a ban on full-face coverings in public and the wearing of “conspicuous” religious symbols in public schools and by officials offering public services. Police in Grenoble fined female Muslim protesters for bathing in burkinis in a public swimming pool. An assemblyman in Dijon turned away a Muslim woman accompanying her son to the regional legislature for refusing to remove her hijab. Interior Minister Castaner included “rigid religious practice, particularly exacerbated in Ramadan,” and “regular and ostentatious practice of ritual prayer” in a list of possible indicators of Islamist radicalization. The minister of the armed forces acknowledged government responsibility for the 1942 roundup of 13,000 French Jews deported to extermination camps.

Religiously motivated crimes included attempted murder, assault, threats, hate speech, discrimination, and vandalism. The government reported 1,052 anti-Christian incidents, most of which involved vandalism or arson of churches and cemeteries, compared with 1,063 in 2018; 154 incidents targeting Muslims, including attempted murder, compared with 100 in 2018; and 687 anti-Semitic incidents, including a violent assault against a Jewish taxi driver, death threats against a mayor, harassment of a prominent Jewish philosopher, and desecration of Jewish cemeteries, an increase of 27 percent compared with the 541 incidents recorded in 2018. The rise in anti-Semitic incidents stemmed from a 50 percent increase in threats; other incidents, including attacks on persons – which fell by 44 percent – declined by 15 percent. Authorities charged a man with attempted murder for shooting outside a mosque two persons who caught him as he tried to set fire to the mosque. A court ruled the confessed killer of a Jewish woman in 2017 could not be held criminally responsible because he was in a delusional state from smoking marijuana before the killing. Lawyers for the family announced their intention to appeal the ruling. A Paris court of appeals convicted Abdelkader Merah of complicity in the 2012 killings by his brother of seven persons outside a Jewish school. A study found 42 percent of Muslims reported experiencing religious discrimination at least once in the previous five years. A European Commission (EC) survey found 72 percent of respondents thought anti-Semitism was a problem in the country and another EC survey found 69 percent believed religious discrimination was widespread. A sports retailer cancelled plans to sell a hijab for runners after widespread criticism of the measure.

The U.S. embassy, consulates general, and American Presence Posts (APPs) discussed religious tolerance, anti-Semitic and anti-Muslim acts, the role of religious freedom in combating violent extremism, and cooperation on these issues with officials at the Ministries of Interior and Foreign Affairs and the Interministerial Delegation to Fight Against Racism, Anti-Semitism and Anti-LGBT Hate (DILCRAH). The Ambassador and embassy, consulate, and APP officials met regularly with religious communities and their leaders throughout the country to discuss religious freedom concerns and encourage interfaith cooperation and tolerance. The embassy sponsored projects and events to combat religious discrimination and religiously-motivated hate crimes. The embassy sponsored the participation of interfaith representatives in a U.S. program with themes of religious cooperation and pluralism. It also funded religious tolerance workshops for youths led jointly by Jewish and Muslim organizations in Bordeaux.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution defines the country as a secular republic and states it “shall ensure the equality of all citizens before the law,” regardless of religion, and shall respect all beliefs. The law provides for the separation of religion and state and guarantees the free exercise of religious worship except to maintain public order.

The law, as well as international and European covenants to which the country adheres, protects the freedom of individuals to choose, change, and practice their religion. Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1,700) and imprisonment of one month. Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.

Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($50,600-$84,300), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($50,600). The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.

Although the law does not require it, religious groups may apply for official recognition and tax-exempt status. Religious groups may register under two categories: associations of worship, which are exempt from taxes; and cultural associations, which normally are not exempt. Associations in either category are subject to fiscal oversight by the state. An association of worship may organize only religious activities. Although not tax-exempt, a cultural association may engage in for-profit as well as nonprofit activity and receive government subsidies for its cultural and educational operations. Religious groups normally register under both of these categories. For example, Catholics perform religious activities through their associations of worship and operate schools through their cultural associations.

Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for this tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. The government does not tax associations of worship on donations they receive. If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status. According to the Ministry of Interior (MOI), 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition.

The law states, “Detained persons have the right to freedom of opinion, conscience, and religion. They may practice the religion of their choice…without other limits than those imposed by the security needs and good order of the institution.”

Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.” The management of the place of worship has 48 hours to appeal the closure decision to an administrative court. Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($8,400). The core provisions of the legislation will expire at the end of 2020 unless renewed by parliament.

The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters. If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity. According to the law, police officials may not remove it themselves. If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity. Police may not question or hold an individual for more than four hours. Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($170) or attendance at a citizenship course. Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($33,700) and may receive a sentence of up to one year in prison. The fine and sentence are doubled if the person coerced is a minor.

The law prohibits agents of the administration, public services, and companies or associations carrying out public services from demonstrating their religion through visible signs of religious affiliation, such as the Muslim headscarf, Jewish skullcap, Sikh turban, or Christian cross. The prohibition applies during working hours and at the place of employment.

By law, the government may not directly finance religious groups to build new places of worship. The government may, however, provide loan guarantees or lease property to groups at advantageous rates. The law also exempts places of worship from property taxes. The state owns and is responsible for the upkeep of most places of worship, primarily Catholic, built before 1905. The government may fund cultural associations with a religious connection.

The law separating religion and state does not apply in three classes of territories. Because Alsace-Lorraine (currently comprising the departments of Haut-Rhin, Bas-Rhin, and la Moselle and known as Alsace-Moselle) was part of Germany when the law was enacted, Catholics, Lutherans, Calvinists, and Jews there may choose to allocate a portion of their income tax to their religious group. Pastors, priests, and rabbis of these four recognized faiths in Alsace-Moselle receive a salary from the interior ministry, and the country’s president, with the agreement of the Holy See, appoints the Catholic bishops of Metz and Strasbourg. The prime minister appoints the chief rabbi and the presidents of the Jewish and Protestant consistories in Alsace-Moselle, and the interior minister appoints ministers of the three Christian churches in the region. Local governments in the region may also provide financial support for constructing religious buildings. The overseas department of French Guiana, which is governed under 19th century colonial laws, may provide subsidies to the Catholic Church. Other overseas departments and overseas territories, which include island territories in the Caribbean and the Atlantic, Pacific, and Indian Oceans, and several sub-Antarctic islands, may also provide funding for religious groups. This provision also applies to the portion of Antarctica the government claims as an overseas territory.

Public schools are secular. The law prohibits public school employees from wearing visible signs of religious affiliation and students from wearing “conspicuous religious symbols,” including the Muslim headscarf, Jewish skullcap, Sikh turban, and large Christian crosses. Public schools do not provide religious instruction except in Alsace-Moselle and overseas departments and territories. In Alsace-Moselle, religious education regarding one of the four recognized faiths is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents. Religious education classes are taught by laypersons who are trained and nominated by the respective religious groups but are paid by the state. Elsewhere in the country, public schools teach information about religious groups as part of the history curriculum. Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school. Homeschooling and private schools must conform to the educational standards established for public schools.

By law, the government subsidizes private schools, including those affiliated with religious organizations. In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of their religious affiliation. The law does not address the issue of religious instruction in government-subsidized private schools or whether students must be allowed to opt out of such instruction.

Missionaries from countries not exempt from entry visa requirements must obtain a three-month tourist visa before traveling to the country. All missionaries from non-exempt countries wishing to remain longer than 90 days must obtain long-duration visas before entering the country. Upon arrival, missionaries must provide a letter from their sponsoring religious group to apply to the local prefecture for a temporary residence card.

The law criminalizes the Boycott, Divestment, and Sanctions (BDS) movement against Israel, treating it as “a provocation to discrimination or hatred or violence towards a person or a group of persons because of their origin or belonging to an ethnic group, a nation, a race, or a determined religion.”

The country is a party to the International Covenant on Civil and Political Rights.

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