The constitution guarantees freedom of religious belief and affiliation, as well as the right to change religious faith or to refrain from religious affiliation. The constitution states the country is not bound to any particular faith and religious groups shall manage their affairs independently from the state, including in providing religious education and establishing clerical institutions. The constitution guarantees the right to practice one’s faith privately or publicly, either alone or in association with others. It states the exercise of religious rights may be restricted only by measures “necessary in a democratic society for the protection of public order, health, and morals or for the protection of the rights and freedoms of others.”
The law prohibits establishing, supporting, and promoting groups dedicated to the suppression of fundamental rights and freedoms as well as “demonstrating sympathy” with such groups. These crimes are punishable by up to five years’ imprisonment.
The law requires religious groups to register with the Department of Church Affairs in the Ministry of Culture in order to employ spiritual leaders to perform officially recognized functions. Clergy from unregistered religious groups do not officially have the right to perform weddings or to minister to their members in prisons or government hospitals. Unregistered groups may not establish religious schools or receive government funding.
In January the parliament voted to override a presidential veto of legislation originally passed in 2016 to raise the registration requirement for new organizations seeking to register as religious groups to 50,000 adherents from the 20,000 previously required. The new 50,000 requirement entered into force in March. The 50,000 must be adults, either citizens or permanent residents, and must submit an “honest declaration” attesting to their membership, knowledge of the articles of faith and basic tenets of the religion, personal identity numbers and home addresses, and support for the group’s registration to the Ministry of Culture. All groups registered before these requirements came into effect were grandfathered in as officially recognized religions; no new religious groups attained recognition since then. The law makes no distinction between churches and registered religious groups but recognizes as “churches” those registered groups calling themselves churches.
Registration confers the legal status necessary to perform economic functions such as opening a bank account or renting property, and civil functions such as presiding at burial ceremonies. The 18 registered churches and religious groups are: the Apostolic Church, the Bahai Community, The Brotherhood Unity of Baptists, Seventh-day Adventists, Brotherhood Church, Czechoslovak Hussite Church, The Church of Jesus Christ of Latter-day Saints (Mormons), Evangelical Church of the Augsburg Confession, Evangelical Methodist Church, Greek Catholic Church, Christian Congregations (Krestanske zbory), Jehovah’s Witnesses, New Apostolic Church, Orthodox Church, Reformed Christian Church, Roman Catholic Church, Old Catholic Church, and Central Union of Jewish Religious Communities. Registered groups and churches receive annual state subsidies. All but the Evangelical Church of the Augsburg Confession, Greek Catholic Church, Orthodox Church, Reformed Christian Church, and Roman Catholic Church have fewer than 50,000 members, as they registered before this requirement came into effect.
The Department of Church Affairs of the Ministry of Culture oversees relations between religious groups and the state and manages the distribution of state subsidies to religious groups and associations. The ministry may not legally intervene in the internal affairs of religious groups or direct their activities.
A group without the 50,000 adult adherents required to obtain status as an official religious group may seek registration as a civic association, which provides the legal status necessary to carry out activities such as operating a bank account or entering into a contract. In doing so, however, the group may not call itself a church or identify itself officially as a religious group, since the law governing registration of citizen associations specifically excludes religious groups from obtaining this status. In order to register a civic association, three citizens are required to provide their names and addresses and the name, goal organizational structure, executive bodies, and budgetary rules of the group.
A concordat with the Holy See provides the legal framework for relations between the government and the domestic Catholic Church and the Holy See. Two corollaries cover the operation of Catholic religious schools, the teaching of Catholic religious education as a subject, and Catholic priests serving as military chaplains. An agreement between the government and 11 of the 17 other registered religious groups provides similar status to those groups. The unanimous approval of the existing parties to the agreement is required for other religious groups to obtain similar benefits.
The law does not allow burial earlier than 48 hours following death, even for religious groups whose traditions mandate an earlier burial.
All public elementary school students must take a religion or an ethics class, depending on personal or parental preferences. Individual schools and teachers decide what material to teach in each religion class. Although the content of the courses in most schools is Catholicism, parents may ask a school to include teachings of different faiths. Private and religious schools define their own content for religion courses. In both public and private schools, religion class curricula do not mention unregistered groups or some of the smaller registered groups, and unregistered groups may not teach their faiths at schools. Teachers from a registered religious group normally teach about the tenants of their own faith, although they may teach about other faiths as well. The government pays the salaries of religion teachers in public schools.
The law criminalizes issuance, possession, and dissemination of extremist materials, including those defending, supporting, or instigating hatred, violence, or unlawful discrimination against a group of persons on the basis of their religion. Such criminal activity is punishable by up to eight years’ imprisonment.
The law requires public broadcasters to allocate airtime for registered religious groups but not for unregistered groups.
The law prohibits the defamation of a person or group’s belief as a criminal offense punishable by up to five years’ imprisonment.
The law prohibits Holocaust denial, including questioning, endorsing, or excusing the Holocaust. Violators face sentences of up to three years in prison. The law also prohibits denial of crimes committed by the prior fascist and communist regimes.
The country is a party to the International Covenant on Civil and Political Rights.