La libertad religiosa y las relaciones entre el estado de costa de marfil y la iglesia católica desde 1990 hasta la actualidadsituación, nuevas cuestiones y pautas para el futuro

Abstract

The fundamental question that guides the choice of this topic is that of understanding the historical-legal relationship between the political community and the religious community, between the religious factor and the State. All this in relation to the fundamental right of religious freedom, its extension and its limits in order to extend these considerations to the countries of French West Africa in general and more specifically to the Ivory Coast. With an analytical methodology through a legal and deductive analysis, initial historical contributions were made because, through them, it was possible to see the evolution of these relations between Church and State and the final recognition made by both powers of the right to religious freedom and its content, as a fundamental right. This historical consideration of the relationship between Church and State in connection with the right to religious freedom was projected to the countries of French West Africa (Benin, Burkina Faso, Guinea Conakry, Mali, Senegal, Togo, Niger and Mauritania) to conclude, after an analytical legal study of their Constitutions, that they have signed the main international treaties on human rights and African regional treaties. Thus, the Constitutions of these countries, with the exception of Mauritania, regulate, protect and guarantee the right to equality of all citizens, with prohibition of discrimination on grounds of sex, race, culture, religion, etc. and the right to religious freedom and other related rights (worship, assembly, association, opinion, press, education, etc.), albeit with different extension and legislative development in each country. Ivory Coast, the country of our research, belongs to the group of French-speaking African countries colonized by France. A legal historical analysis was made of the regulations on religious freedom and freedom of worship in the Ivorian legal system, from the subscription of international and regional treaties, to the Constitutions (1960, 2000 and 2016) and some specific legislation recognizing and protecting the right to religious freedom and other related rights. We deduce that the recognition of this right has evolved from the first Constitution of 1960 to the current one of 2016. This research work ended with a proposal of iure condendo. It is established that the Ivorian legislative development in the field of religious freedom and the practice carried out since 1990 until today, opens a window to propose the promulgation of a framework law on religious freedom that would guarantee the peaceful coexistence of all religious denominations or communities and that would develop and specify the content of the right to religious freedom of individuals and communities, as well as the bases that could guide the possible agreements with the various Church, denominations and religious communities and the subsequent legislative development.