The constitution establishes the ELC as the national church and stipulates the government shall support and protect it. The constitution states all individuals have the right to form religious associations and practice religion in accordance with their personal beliefs, as long as nothing is “preached or practiced which is prejudicial to good morals or public order.” It stipulates everyone has the right to remain outside religious associations and no one shall be required to pay personal dues to any religious association of which he or she is not a member. The constitution also specifies individuals may not lose their civil or national rights and may not refuse to perform civic duties on religious grounds. The constitution bans only religious teachings or practices harmful to good morals or the public order. The law further specifies the right of individuals to choose or change their religion.
The law grants the ELC official legal status, and the government directly funds it from the state budget. The state treats the ELC bishop and vice bishop and 136 other ELC ministers as civil servants under the MOJ and pays their salaries and retirement benefits as well as the operating costs of the bishop’s office. The ELC also receives indirect funding from church taxes, as do other registered religious and life-stance groups.
The penal code establishes fines of no specified amount and up to two years’ imprisonment for hate speech, including mocking, defaming, denigrating, or threatening an individual or group by comments, pictures, or symbols based on religion.
Religious groups, other than the ELC, and life-stance organizations may apply for recognition and registration to a district commissioner’s office (at present, designated as the district commissioner of Northeast Iceland), who forwards the application to a four-member panel, whom the minister of justice appoints by law, to review applications. A university faculty of law nominates the chairman of the panel, and the University of Iceland’s Departments of Social and Human Sciences, Theology and Religious Studies, and History and Philosophy, respectively, nominate the other three members. The district commissioner then approves or rejects the application in accordance with the panel’s decision. Applicants may appeal rejections to the MOJ. The applicant may resubmit his/her application, and if the resubmission provides new information, the district commissioner will review it again.
To register, a religious group must “practice a creed or religion” and a life-stance organization must operate in accordance with certain ethical values, and “deal with ethics or epistemology in a prescribed manner.” The law does not define “certain ethical values” or the prescribed manner in which groups must deal with ethics or epistemology. Religious groups and life-stance organizations must also “be well established,” “be active and stable,” “not have a purpose that violates the law or is prejudicial to good morals or public order,” and have “a core group of members who participate in its operations, support the values of the organization in compliance with the teachings it was founded on, and pay church taxes in accordance with the law on church taxes.” The law does not define “well established” or “active and stable.”
According to the district commissioner’s office of Northeast Iceland, any unregistered religious group or organization may work in the same way as any company or association, provided it has, as these other organizations do, a social security number. Unregistered religious groups may, for example, open bank accounts and own real estate. They are free to worship and practice their beliefs without restriction, as long as their activities do not cause a public disturbance, incite discrimination, or otherwise conflict with the law. Religious ceremonies carried out by religious groups, such as marriages, are not legally recognized unless the group is registered. Unregistered groups are not eligible to receive state funds.
The law specifies the leader of a religious group or a life-stance organization must be at least 25 years of age and fulfill the general requirements for holding a public position. These include being physically and mentally healthy and financially independent, not having been sentenced for a criminal offense as a civil servant, and possessing the general and specialized education legally required for the position. Unlike the requirements for most public positions, the religious or life-stance group leader need not be a citizen, but he or she must have legal domicile in the country. All registered religious groups and life-stance organizations must submit an annual report to a district commissioner’s office (currently the district commissioner’s office of Northeast Iceland) describing the group’s operations during the previous year. Religious groups and life-stance organizations are required to perform state-sanctioned functions such as marriages and the official naming of children and preside over other ceremonies such as funerals.
The law provides state subsidies to registered religious groups and life-stance organizations. For each individual 16 years of age and older who belongs to any one of the officially registered and recognized religious groups or life-stance organizations, the government allocates an annual payment of 11,040 ISK ($110) out of income taxes, called the “church tax,” to the individual’s respective, registered organization. The government allocates the payment regardless of whether the individual pays any income tax.
By law, a child’s affiliation or nonaffiliation with a registered religious or life-stance group is as follows: (1) if the parents are married or in registered cohabitation and both belong to either the same registered organization or no organization, then the child’s affiliation shall be the same as its parents; (2) if the parents are married or in registered cohabitation, but have different affiliations or if one parent is nonaffiliated, then the parents shall make a joint decision on what organization, if any, the child should be affiliated with; until the parents make this decision, the child shall remain nonaffiliated; (3) if the parents are not married or in registered cohabitation when the child is born, the child shall be affiliated with the same registered organization, if any, as the parent who has custody over the child. Change in affiliation of children under age 16 requires the consent of both parents if both have custody; if only one parent has custody, the consent of the noncustodial parent is not required. The law requires parents to consult their children about any changes in the child’s affiliation between age 12 and 16. After turning 16, children may choose affiliation on their own.
By law, schools must operate in such a manner as to prevent discrimination on the basis of religion. Grades one through 10 (ages six to 15) in public and private schools must provide instruction, by regular teaching staff, in social studies, which includes subjects such as Christianity, ethics, and theology. The law specifies the curriculum for these classes must adopt a multicultural approach to religious education, encompassing a variety of beliefs. The law also mandates that “the Christian heritage of Icelandic culture, equality, responsibility, concern, tolerance, and respect for human value” shape general teaching practices.
Parents wishing to exempt pupils from compulsory instruction in Christianity, ethics, and theology must submit a written application to the school principal. The principal may request additional information, if necessary. The principal then registers the application as a “special case” and writes an official response to the parents, accepting or denying the request. School authorities are not required to offer other religious or secular instruction in place of these classes.
Of the 12 largest municipalities in the country, eight have adopted guidelines or rules governing the interaction between public schools and religious/life-stance groups. The Reykjavik City Council prohibits religious and life-stance groups from conducting any activities, including the distribution of proselytizing material, in municipal preschools and compulsory schools (grades one through 10) during school hours or during afterschool programs. Reykjavik school administrators, however, may invite the representatives of religious and life-stance groups to visit the compulsory classes on Christianity, ethics, and theology, and on life skills. These visits must be under the guidance of a teacher and in accordance with the curriculum. Any student visits to the gathering places of religious and life-stance groups during school hours must be under the guidance of a teacher as part of a class on religion and life-stance views. During such classes or visits, students may only observe rituals, not participate in them. The municipality of Hafnarfjordur has similar rules governing the interaction between schools and religious/life-stance organizations. The other six municipalities have either adopted or adapted guidelines on these interactions that the Ministry of Education, Science, and Culture has set. The ministry’s guidelines are broadly similar to those of Reykjavik and Hafnarfjordur.
Private schools must follow the same curriculum as public schools, including the Christianity, ethics, and theology taught in social studies classes. Private schools are free, however, to offer additional classes not in the public school curriculum, including classes in specific religious faiths.
The country is a party to the International Covenant on Civil and Political Rights.