الحماية الدستورية لحرية المعتقد : دراسة مقارنة بين الجزائر و فرنسا

الملخص EN

This research aims to This research aims to know the upper part of the province of freedom of belief, especially since this last one is from of the liberties sanctified in many international treaties and in numerous constitutions and internal legislations.

It is one of the most noble and holiest human liberties, and it is based on the personal conviction of every human being.

Nonetheless, if the issue of freedom of belief does not pose complex problems for mono-religious countries, it stands out clearly and loudly in multi-religious countries.

The Algerian constitution amendment of 2016 states in article 42: “Freedom of belief and freedom of opinion are inviolable”.

Similarly, the French constitution declares clearly in its very first article that: “France shall be an indivisible, secular, democratic and social Republic.

It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion.

It shall respect all beliefs”.

This comes as a France's consecration of the idea of state neutrality towards all beliefs and worship, and holding an impartial stand from all citizens, regardless of their belief.

Inspite of all, the actual circumstances affirm that numerous difficulties stand still in the face of the exercise of freedom of belief mostly in the account of the inability of judicial provision to tackle all technical aspects of the exercise of freedom of belief, especially in Algeria.

In France, on the other hand, the shortage is due to the intricacy that is to apply those laws allegedly for the preservation of public order and the denunciation of extremism.

One of the many manifestations of those obstacles that often lead to the transgression of freedom of belief is the hijab ban that asserts the contradiction between what came in the French constitution and in the legislative mandates.