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Area Administered by Turkish Cypriots

Executive Summary

Since 1974, the southern part of Cyprus has been under the control of the Government of the Republic of Cyprus.  The northern part, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983.  The United States does not recognize the “TRNC,” nor does any country other than Turkey.  A substantial number of Turkish troops remain on the island.  A buffer zone, or “green line,” patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two parts.  This report is divided into two parts:  the Republic of Cyprus and the area administered by Turkish Cypriots.  For areas in the north that have different Greek and Turkish names, both are listed (e.g., Kormakitis/Korucam).

IN THIS SECTION: REPUBLIC OF CYPRUS | AREA ADMINISTERED BY TURKISH CYPRIOTS (BELOW)


The Turkish Cypriot “constitution” refers to the “state” as secular and provides for freedom of religious faith and worship consistent with public order and morals.  It prohibits forced participation in worship and religious services and stipulates religious education may be conducted only under “state” supervision.  The “constitution” grants the Islamic Vakf the exclusive right to regulate its internal affairs.  The “government” began allowing mosques to teach summer religious education classes without its prior approval and said it would allow secondary school students to opt out of Sunni Islam classes.  There were reports of detention of persons with alleged ties to the so-called “Fethullah Gulen Terrorist Organization (FETO).”  Authorities improved access to Greek Orthodox religious sites.  The “Ministry of Foreign Affairs (MFA)” said it approved 118 of 153 total requests to hold religious services during the year.  Greek Orthodox, Maronite, and Turkish-Speaking Protestant Association (TSPA) representatives continued to report police surveillance of their activities.

The TSPA said Turkish Cypriots who converted to other faiths experienced societal criticism.  The TCCH reported it completed restoration of 10 religious sites.  Religious leaders such as Mufti of Cyprus Atalay and Archbishop of the Church of Cyprus Chrysostomos met throughout the year and arranged visits to places of worship across the “green line.”  The RTCYPP published a letter with statements from Mufti Atalay and Greek Orthodox Bishop of Neapolis Porfyrios calling on Turkish Cypriot authorities to return icons stored in the Kyrenia Castle to the Greek Orthodox community.

In March the U.S. Ambassador met with Mufti of Cyprus Atalay, who was also head of the “Religious Affairs Department,” to discuss interfaith dialogue and access to religious sites.  U.S. embassy officials met with representatives at the “presidency” and “MFA” to discuss unrestricted access to religious sites.  In November the Ambassador attended a Maronite celebration at St. George Church in Kormakitis/Korucam.  Embassy officials continued to meet with leaders from Sunni and Alevi Muslim, Armenian and Greek Orthodox, Maronite, Roman Catholic, and Protestant communities to discuss freedom of worship, access to religious sites, and instances of religious-based discrimination.

Section II. Status of "Government" Respect for Religious Freedom

Legal Framework

The Turkish Cypriot “constitution” states the territory is a “secular republic” and provides for freedom of conscience and religious faith and unrestricted worship and religious ceremonies, provided they do not contravene public order or morals.  It prohibits forced prayer, forced attendance at religious services, condemnation based on religious beliefs, and compelling individuals to disclose their religious beliefs.  It stipulates religious education may only be conducted under “state” supervision.  In November 2017, “parliament” amended the “law” to allow summer religious knowledge courses to be taught in mosques without “MOE” approval.  The “law” does not recognize any specific religion, and individuals cannot “exploit or abuse” religion to establish, even partially, a “state” based on religious precepts or for political or personal gain.  The Vakf has the exclusive right to regulate and administer its internal affairs and property in accordance with Vakf laws and principles.  Although the “constitution” states the Vakf shall be exempt from all taxation, its commercial operations are subject to applicable taxes.  According to the “constitution,” the Turkish Cypriot authorities shall help the Vakf in the execution of Islamic religious services and in meeting the expenses of such services.  No other religious organization is tax exempt or receives subsidies from Turkish Cypriot authorities.

The 1975 Vienna III Agreement covers the treatment of Greek Cypriots and Maronite Catholics living in the area administered by Turkish Cypriots and the treatment of Turkish Cypriots living in the government-controlled area.  Among other provisions, the agreement provides for facilities for religious worship for Greek Cypriots, stating they are free to stay and “will be given every help to lead a normal life, including facilities for education and for the practice of their religion.”

Turkish Cypriot “regulations” stipulate Greek Orthodox residents may conduct liturgies or masses led by two priests designated by the Orthodox Church at three designated functional churches in the Karpas Peninsula Maronite residents may hold liturgies or masses led by Maronite-designated clergy without seeking permission at three designated functional Maronite churches:  Agios Georgios Church in Kormakitis/Korucam, Timios Stavros Church in Karpasia/Karpasa, and Panagia Church in Kampyli/Hisarkoy.  A Maronite representative, however, said Turkish Cypriot authorities allowed services at Panagia Church without prior permission only on August 15.

Greek Orthodox, Maronite Catholic, and Armenian Orthodox worshippers must submit applications to the authorities for permission to hold religious services at churches or monasteries other than these six designated churches.  For the authorities to consider an application the date should be of significance to that religious group; the church or monastery must be structurally sound; it must not be located in a military zone; and it must not have a dual use, for example, as a museum.  Permission is also necessary for priests other than those officially predesignated to conduct services.  Specific permission is required for Cypriots who do not reside in the Turkish Cypriot-administered area, such as members of the Greek Orthodox, Maronite Catholic, and Armenian Orthodox Churches, to participate.  UNFICYP coordinates these applications, which religious groups must submit 10 days before the date of the requested service.

The “Religious Affairs Department” represents Islam in the area administered by Turkish Cypriots.  Whereas the Vakf manages Muslim-donated land as an endowment for charitable purposes, the “Religious Affairs Department” oversees how imams conduct prayers and deliver sermons in mosques.

Religious groups are not required to register with authorities as associations in order to assemble or worship, but only associations registered with the “Ministry of Interior (MOI)” have the right to engage in commercial activity and maintain bank accounts.  Religious groups and nonreligious groups have the same registration process and are required to submit the founders’ names and photocopies of their identification cards to the “MOI,” along with a copy of the association’s rules and regulations.  Associations do not receive tax-exempt status or any “government” benefits or subsidies.  Religious groups are not permitted to register as associations if the stated purpose of the association is to provide religious education to their members.

There is mandatory religious instruction in grades four through eight in all schools, public and private.  These classes focus primarily on Sunni Islam but also include sessions on comparative religion.  The “MOE” chooses the curriculum, which is based on a textbook commissioned by the Ministry of Education in Turkey.  In September the “MOE” announced it would allow students to opt out of mandatory religion courses in grades six through eight, in response to a 2017 report by the “ombudsman.”  At the high school level, religion classes are optional.

There are no provisions or “laws” allowing conscientious objection to mandatory military service, which requires a 12-15-month initial service period and one-day annual reserve duty.

Austria

Executive Summary

Historical and modern constitutional and legal documents provide for freedom of religious belief and affiliation and prohibit religious discrimination.  The law bans public incitement to hostile acts against religious groups.  The law divides recognized religious groups into three categories; 16 groups recognized as religious societies receive the most benefits.  Unrecognized groups may practice their religion privately if the practice is lawful and does not offend “common decency.”  The government continued to enforce a ban on face coverings.  Scientologists and the Unification Church said government-funded organizations advised the public against associating with them.  The government tightened controls on ritual slaughter.  Muslim and Jewish groups and nongovernmental organizations (NGOs) expressed concerns over anti-Semitic and anti-Islamic sentiment in the Freedom Party (FPOe), the junior partner in the coalition government.  Authorities dropped an investigation of an FPOe politician on anti-Semitism charges because the statute of limitations had run; he resumed his position as party chair in Lower Austria.  The government collaborated with the Muslim community to combat extremism and with a Jewish NGO on Holocaust awareness training for teachers.

The Islamic Faith Community (IGGIO) reported 540 anti-Muslim incidents, a 75 percent increase over the 309 incidents it recorded in 2017.  It attributed the increase in part to its documentation center’s higher public profile.  More than half of the incidents occurred online; others included verbal abuse and vandalism.  Courts convicted individuals of anti-Islamic rhetoric and anti-Semitic or neo-Nazi activity, generally handing down fines or sentences, some of which they suspended.

Embassy representatives regularly engaged with officials from the Ministries of Foreign Affairs and Interior on religious freedom, concerns of religious groups, integration of religious minorities, and measures to combat anti-Semitic and anti-Muslim sentiment and encourage interreligious dialogue.  The Ambassador met with leaders from the IGGIO, Jewish Community (IKG), Roman Catholic Church, Lutheran Church, and Orthodox Churches to discuss their relations with the government, instances of discrimination, and interreligious dialogue; the embassy met with the youth branches of religious organizations.  Embassy officials served on the advisory board of the Mauthausen Memorial Agency, which promoted Holocaust remembrance, spoke on religious freedom at public ceremonies, and supported programs to combat anti-Semitism and promote religious dialogue and tolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

A combination of historical and modern constitutional documents guarantees freedom of “conscience and creed.”  The law provides for freedom of religious belief and the rights of all residents to join, participate in, leave, or abstain from association with any religious community.  It stipulates, “Duties incumbent on nationals may not be impeded by religious affiliation.”

Several constitutional provisions protect religious freedom.  The main pillars are historical laws on fundamental rights and freedoms, including religious freedom, and treaties and conventions such as the European Convention on Human Rights, which form part of the constitution.  Antidiscrimination legislation prohibits discrimination on religious grounds.  Citizens have the right to sue the government for constitutional violations of religious freedom.

The law prohibits public incitement to hostile acts against a church group, religious society, or other religious group if the incitement is perceivable by “many people,” which an official government commentary on the law and the courts interpret as 30 or more individuals.  The prohibition also applies specifically in the case of incitement in print, electronic, or other media available to a broad public.  The law also prohibits incitement, insult, or contempt against religious groups, if such action violates human dignity.

The law divides registered religious groups into three officially recognized legal categories (listed in descending order of rights and privileges):  religious societies, religious confessional communities, and associations.  Each category possesses specific rights, privileges, and legal responsibilities.  Members of religious groups not legally recognized may practice their religion at home “insofar as this practice is neither unlawful nor offends common decency.”

There are 16 recognized religious societies:  the Roman Catholic Church; Protestant churches – specifically Lutheran and Presbyterian, called “Augsburg” and “Helvetic” confessions; the IGGIO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, and Serbian); The Church of Jesus Christ of Latter-day Saints; New Apostolic Church; Syrian Orthodox Church; Coptic Orthodox Church; Armenian Apostolic Church; Methodist Church of Austria; the Buddhist Community; Jehovah’s Witnesses; Alevi Community in Austria; and Free Christian Churches.

The law grants registered religious societies the right to public practice and independent administration of their internal affairs, to participate in the program requiring mandatory church contributions by church members, and to bring religious workers into the country to act as ministers, missionaries, or teachers.  Under the law, religious societies have “public corporation” status, permitting them to engage in a number of public or quasi-public activities, such as government-funded religious instruction in both public and private schools, which the government denies to confessional communities and associations.  The government grants all recognized religious societies tax relief in two main ways:  donations are not taxable, and the societies receive exemption from property tax for all buildings dedicated to the active practice of religion or administration of such.  Additionally, religious societies are exempt from the surveillance charge, payable when state security is required, and the administrative fee levied at the municipal level.  Responsibilities of religious societies include a commitment to sponsor social and cultural activities that serve the common good and to ensure their teachings do not violate the law or ethical standards.

Religious groups seeking to achieve religious society status for the first time must apply for recognition with the Office for Religious Affairs in the Federal Chancellery.  Religious groups recognized as societies prior to 1998 retained their status.  The government grandfathered in 14 of the 16 recognized religious societies under this provision of the law.  To gain recognition as a religious society, religious groups not recognized prior to 1998 must have membership equaling 0.2 percent of the country’s population (approximately 17,400 persons) and existed for 20 years, at least 10 of which must have been as an association and five as a confessional community.  The government recognizes Jehovah’s Witnesses and Alevi Muslims as religious societies under these post-1998 criteria.  Groups that do not meet these criteria may still apply for religious society status under an exception for groups that have been active internationally for at least 100 years and active as an association in the country for 10 years.  Groups sharing a broad faith with an existing society or confessional community, for example Christianity, may register separately as long as they can demonstrate that they have a different theology.

The law allows religious groups not recognized as societies to seek official status as confessional communities with the Office for Religious Affairs in the Federal Chancellery.  The government recognizes nine confessional communities:  the Baha’i Faith; Movement for Religious Renewal-Community of Christians; Pentecostal Community of God; Seventh-day Adventists; Hindu Community; Islamic-Shiite Community; Old-Alevi Community in Austria; Family Federation for World Peace and Unification (Unification Church); and United Pentecostal Community of Austria.  The government recognized the latter as a confessional community on April 17.

A recognized confessional community has the juridical standing needed to engage in such activities as purchasing real estate in its own name and contracting for goods and services, but it is not eligible for the financial and educational benefits available to recognized religious societies.  Contributions to confessional communities’ charitable activities are tax deductible for those who make them, but the communities are not exempt from property taxes.

To gain government recognition as a confessional community, a group must have at least 300 members and submit to the Office for Religious Affairs its statutes describing the goals, rights, and obligations of members, as well as membership regulations, a list of officials, and financing information.  A group must also submit a written description of its religious doctrine, which must differ from that of any previously recognized religious society or religious confessional community.  The Office for Religious Affairs determines whether the group’s basic beliefs are consistent with public security, order, health, and morals, and with the rights and freedoms of citizens.  A religious group seeking to obtain confessional community status is subject to a six-month waiting period from the time of application to the chancellery.  After this period, groups that have applied automatically receive the status unless the government issues a decree rejecting the application.

Religious groups not qualifying for either religious society or confessional community status may apply to become legal associations, a status applicable to a broad range of civil groups.  Some groups organize as associations while waiting for the government to recognize them as confessional communities.

The Church of Scientology and a number of smaller religious groups, such as Sahaja Yoga and the International Society for Krishna Consciousness, have association status.

Religious groups registered as associations have the right to function in public, but they may not provide religious instruction in schools or pastoral care in hospitals or prisons.

According to the law, any group of more than two persons pursuing a nonprofit goal qualifies to organize as an association.  Groups may apply to the Ministry of Interior to gain such status.  To become an association, a group must submit a written statement citing its common, nonprofit goal and commitment to function as a nonprofit organization.  Associations have juridical standing and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services.  Unlike confessional communities, associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.

The law governing relations between the government and the IGGIO and Alevi Muslim groups stipulates that funding for the day-to-day operations of mosques must be derived from domestic sources, Islamic teachings and practices must not violate federal law, and Islamic institutions should “take a positive stance” toward the state and society.  The law provides an explicit legal definition of, and legal protection for, Islamic practices, such as circumcision and preparation of food in conformity with religious rules, and states Muslims may raise children and youth in accordance with Islamic traditions.  Muslim groups with at least 300 members and a theology not distinct from a pre-existing Islamic religious society or confessional community are considered cultural communities and fall under the umbrella of the pre-existing, legally recognized Islamic religious society or confessional community.  This includes the IGGIO and the Alevi Community in Austria, which are both religious societies, or the Islamic-Shiite Community and the Old-Alevi Faith Community in Austria, both of which have confessional community status.  The law allows for Islamic theological university studies, which the University of Vienna offers.

Separate laws govern relations between the government and each of the other 14 state-recognized religious societies.  The laws have similar intent but vary in some details, given they were enacted at different times over a span of approximately 140 years.

The law bans full-face coverings in public places as a “violation of Austrian values,” with exceptions made only for artistic, cultural, or traditional events, in sports, or for health or professional reasons.  Failure to comply with the law is an administrative violation.  The law prescribes a 150-euro ($170) fine but does not entitle police to remove the face covering.

The government funds, on a proportional basis, religious instruction for any of the 16 officially recognized religious societies by clergy or instructors provided by those groups for children in public schools and government-accredited private schools.  The government does not offer such funding to other religious groups.  A minimum of three children is required to form a class.  Attendance in religion classes is mandatory for all students unless they formally withdraw at the beginning of the school year; students under the age of 14 require parental permission to withdraw from religion classes.  The government funds the instruction, and religious groups provide the instructors.  Religious instruction takes place either in the school or at sites organized by religious groups.  Some schools offer ethics classes for students not attending religious instruction.  Religious education and ethics classes include the tenets of different religious groups as comparative religious education.

The curriculum for both public and private schools includes compulsory antibias and tolerance education, including religious tolerance, as part of civics education across various subjects, including history and German-language instruction.

Holocaust education is part of history instruction and appears in other subjects such as civics.

The Equal Rights Agency, an independent agency falling under the jurisdiction of the women’s ministry, oversees discrimination cases on various grounds, including religion.  The agency provides legal counseling and mediation services, and it assists with bringing cases before the Equal Treatment Commission, another independent government agency.  In cases where it finds discrimination, the commission makes a recommendation for corrective action.  In a case of noncompliance with the recommendation, the case goes to court.  The commission may issue expert reports for plaintiffs to present before the court.  Only a court may order corrective action and compensation.

The law bans neo-Nazi activity and prohibits public denial, belittlement, approval, or justification “of the National Socialist genocide” or other Nazi crimes against humanity in print, broadcast, or other media.

Foreign religious workers of groups recognized as confessional communities or associations must apply for a general immigrant visa that is not employment or family based, and is subject to a quota.  The government requires a visa for visitors from non-visa waiver countries or individuals who would stay beyond 90 days, including religious workers of confessional communities or associations.  Foreign religious workers belonging to religious societies do not require visas for either shorter visits or stays beyond 90 days.  Religious workers from Schengen or European Union-member countries are exempt from all visa requirements.

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

Belgium

Executive Summary

The constitution guarantees freedom of religion, and the law prohibits discrimination based on religious orientation.  Federal law bans covering one’s face in public.  Jewish and Muslim groups launched legal challenges against laws, scheduled to take effect in 2019 in Wallonia and Flanders, banning the slaughter of animals without prior stunning.  The government maintained its policy of attempting to curb what it described as radical Islam.  The federal government terminated Saudi Arabia’s lease on the Great Mosque in Brussels.  The Brussels regional government recognized two mosques in July, increasing the number of recognized mosques in the country to 85.  Most public schools continued to ban headscarves, and the government maintained its ban on wearing religious symbols in public-sector jobs.

There were reports of incidents of religiously motivated violence, threats, harassment, discrimination, and hate speech against Jews and Muslims.  The Center for Equal Opportunities, Unia, preliminarily reported 101 anti-Semitic incidents (56 in 2017), and 319 incidents in 2017 (390 in 2016) against other religious groups, primarily Muslims.

U.S. embassy officials continued to meet regularly with senior government officials in the Office of the Prime Minister and at the Ministries of Interior and Foreign Affairs to discuss anti-Muslim and anti-Semitic incidents and discrimination.  Embassy officials met with nongovernmental organizations (NGOs) and religious leaders to address anti-Muslim and anti-Semitic incidents and sentiment, and to promote religious tolerance.  The embassy sponsored the visit of a U.S.-based imam to discuss interfaith tolerance and cooperation in meetings with religious groups, civil society, and police.  It also sponsored visits of two young Muslim leaders to the United States on programs that included a focus on religious pluralism and tolerance.  Through small grants, the embassy supported programs that promoted interfaith dialogue and tolerance and raised awareness of religious minorities.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees freedom of worship (including its public practice) and freedom of expression, provided no crime is committed in the exercise of these freedoms.  It states no individual may be required to participate in any religious group’s acts or ceremonies or to observe the group’s religious days of rest and bars the state from interfering in the appointment of religious clergy or blocking the publication of religious documents.  It obligates the state to pay the salaries and pensions of religious clergy (according to law, to qualify these clergy must work in recognized houses of worship and be certified by those religious groups), as well as those of representatives of organizations recognized by the law as providing moral assistance based on a nonconfessional philosophy.

The law prohibits discrimination based on religious or philosophical (e.g., nonconfessional) orientation.  Federal law prohibits public statements inciting religious hatred, including Holocaust denial.  The maximum sentence for Holocaust denial is one year in prison.

The government officially recognizes Catholicism, Protestantism (including evangelicals and Pentecostals), Judaism, Anglicanism (separately from other Protestant groups), Islam, Orthodox (Greek and Russian) Christianity, and secular humanism.

The requirements to obtain official recognition are not legally defined.  The legal basis for official recognition is the constitution and other laws and interpretations, some of which predate the constitution itself.  A religious group seeking official recognition applies to the Ministry of Justice, which then recommends approval or rejection.  The government evaluates whether the group meets organizational and reporting requirements and applies criteria based on administrative and legislative precedents in deciding whether to recommend that parliament grant recognition to a religious group.  The religious group must have a structure or hierarchy, a “sufficient number” of members, and a “long period” of existence in the country.  It must offer “social value” to the public, abide by the laws of the state, and respect public order.  The government does not formally define “sufficient number,” “long period of time,” or “social value.”  Final approval is the sole responsibility of the federal parliament; however, parliament generally accepts the ministry’s recommendation.

The law requires each officially recognized religion to have an official interlocutor, such as an office composed of one or more representatives of the religion plus administrative staff, to support the government in its constitutional duty of providing the material conditions for the free exercise of religion.  The functions performed by the interlocutor include certification of clergy and teachers of the religion, assistance in the development of religious curriculum, and oversight of the management of houses of worship.

The federal government provides financial support for officially recognized religious groups.  The subsidies for recognized groups include payment of clergy salaries and for maintenance and equipment for facilities and places of worship, as well as tax exemptions.  Denominations or divisions within the recognized religious groups (Shia Islam, Reform Judaism, or Lutheranism, for example) do not receive support or recognition separate from their parent religious group.  Parent religious groups distribute subsidies according to their statutes, which may also include salaries to ministers and public funding for renovation or facility maintenance.  Unrecognized groups outside of these recognized religions do not receive government subsidies but may worship freely and openly.

There are procedures for individual houses of worship of recognized religious groups to obtain recognition and state subsidies.  To do so, a house of worship must meet requirements set by the region in which it is located and by the federal Ministry of Justice.  These requirements include transparency and legality of accounting practices, renunciation of foreign sources of income for ministers of religion working in the facility, compliance with building and fire safety codes, certification of the minister of religion by the relevant interlocutor body, and a security check.  Recognized houses of worship also receive subsidies from the linguistic communities and municipalities for the upkeep of religious buildings.  Houses of worship or other religious groups that are unable or choose not to meet these requirements may organize as nonprofit associations and benefit from lower taxes but not government subsidies.  Houses of worship in this situation (i.e., not completing the recognition process) may still be affiliated with an officially recognized religious group.

There is a federal ban on covering one’s face in public.  Women who wear the full-face veil in public face a maximum fine of 137.50 euros ($160).

The constitution requires teaching in public schools to be neutral with respect to religious belief.  All public schools outside of Flanders offer mandatory religious or “moral” instruction (which is oriented towards citizenship and moral values); parents in schools in Flanders may have their children opt out of such courses.  Francophone schools offer “philosophy and citizenship” courses alongside courses on the recognized religions, based on a constitutional court ruling.

Schools provide teachers, clerical or secular, for each of the recognized religious groups, as well as for secular humanism, according to the student’s preference.  The public education system requires neutrality in the presentation of religious views outside of religion classes.  Teachers of religion are permitted to express their religious beliefs and wear religious attire, even if school policy otherwise forbids such attire.  Public school religion teachers are nominated by a committee from their religious group and appointed by the linguistic community government’s education minister.  Private, authorized religious schools, known as “free” schools, follow the same curriculum as public schools but may place greater emphasis on specific religious classes.  Teachers at these religious schools are civil servants, and their salaries, as well as subsidies for the schools’ operating expenses, are paid for by the respective linguistic community, municipality, or province.

Unia is a publicly funded but independent agency responsible for reviewing discrimination complaints, including those of a religious nature, and attempting to resolve them by such means as mediation or arbitration.  The agency lacks legal powers to enforce resolution of cases.

The justice minister appoints a magistrate in each judicial district to monitor discrimination cases and oversee their prosecution, including those involving religion, as a criminal act.

Bans on the slaughter of animals without prior stunning enacted by the Walloon and Flanders regional governments in 2017 are scheduled to take effect in 2019, ending the long-standing authorization certified permanent slaughterhouses in those regions have had to slaughter animals without prior stunning.

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

Bulgaria

Executive Summary

The constitution provides for freedom of religion and conscience.  Religious groups may worship without registering, but registered groups receive benefits.  The constitution recognizes Eastern Orthodox Christianity as the country’s “traditional” religion, and the law exempts the Bulgarian Orthodox Church (BOC) from registration.  In December after protests by all major religious groups, the National Assembly passed amendments to a 2002 religious denomination law, providing for increased government funding for the BOC and the Muslim community.  A wide range of religious groups opposed earlier versions that placed restrictions on some smaller religious groups.  An appellate court issued guilty verdicts in a retrial of 13 regional Muslim leaders charged with spreading Salafi Islam.  Jehovah’s Witnesses reported fewer cases of assault and harassment.  There were multiple successful court decisions overturning local prohibitions on Jehovah’s Witnesses’ religious practices.  The Muslim community protested a decision in the Stara Zagora Region to change Turkish and Arabic place names to Bulgarian names, citing “racism and intolerance regarding everything Muslim.”  Jewish organizations denounced attempts by government leaders to distort historical facts at Holocaust-related events, including honoring individuals complicit in deportations of Jews.

Members of The Church of Jesus Christ of Latter-day Saints and Jehovah’s Witnesses reported physical assaults, harassment, and threats.  In February the Bulgarian National Union again staged an annual march honoring Hristo Lukov, leader of a pro-Nazi organization in the 1940s.  Jewish nongovernmental organizations (NGOs) expressed concern about the continued increase of hate speech and other manifestations of anti-Semitism.  According to Jehovah’s Witnesses, some media outlets continued to misrepresent their activities.  Muslims, Jews, and Jehovah’s Witnesses reported incidents of vandalism of their properties.  Christian, Muslim, and Jewish groups held events to promote religious tolerance.  The National Council of Religious Communities, whose members include representatives of Bulgarian Orthodox, Armenian Orthodox, Muslim, evangelical Protestant, Catholic, and Jewish communities, continued its efforts to promote religious tolerance.

The ambassador and other U.S. embassy officials regularly discussed cases of religious discrimination, harassment of religious minorities, and legislative initiatives restricting religious activities, including with representatives of the National Assembly, Directorate for Religious Affairs, Office of the Ombudsman, Commission for Protection against Discrimination, local governments, and law enforcement.  The ambassador protested the march to commemorate Lukov and publicly advocated tolerance and cited lessons from the Holocaust.  Embassy officials met with minority religious groups, including the Jewish, Muslim, The Church of Jesus Christ of Latter-day Saints, Catholic, Protestant, Armenian, and Jehovah’s Witnesses communities, to discuss their concerns over existing and proposed restrictions on their activities.  A Muslim scholar participated in a Department of State-funded exchange on religious pluralism in the United States.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states freedom of conscience and choice of religion or no religion are inviolable, prohibits religious discrimination, and stipulates the state shall assist in maintaining tolerance and respect among believers of different denominations, as well as between believers and nonbelievers.  It states the practice of any religion shall be unrestricted and religious beliefs, institutions, and communities shall not be used for political ends.  It restricts freedom of religion to the extent that its practice would be detrimental to national security, public order, health, and morals, or the rights and freedoms of others.  It states no one shall be exempt from obligations established by the constitution or the law on grounds of religious or other convictions.  The constitution also stipulates the separation of religious institutions from the state and prohibits the formation of political parties along religious lines as well as organizations that incite religious animosity.  The law does not allow any privilege based on religious identity.

The constitution names Eastern Orthodox Christianity as the country’s traditional religion.  The law establishes the BOC as a legal entity, exempting it from the court registration that is mandatory for all other religious groups wishing to acquire legal recognition.

The penal code prescribes up to three years’ imprisonment for persons attacking individuals or groups based on their religious affiliation.  Instigators and leaders of an attack may receive prison sentences of up to six years.  Those who obstruct the ability of individuals to profess their faith, carry out their rituals and services, or compel another to participate in religious rituals and services may receive prison sentences of up to one year.  Violating a person’s or group’s freedom to acquire or practice a religious belief is subject to a fine of between 100 and 300 levs ($59 to $180).  If a legal entity commits the infraction, the fine can range from 500 to 5,000 levs ($290 to $2,900).

To receive national legal recognition, the law requires religious groups other than the BOC to register with the Sofia City Court.  Applications must include:  the group’s name and official address; a description of the group’s religious beliefs and service practices, organizational structure and bodies, management procedures, bodies, and mandates; a list of official representatives and the processes for their election; procedures for convening meetings and making decisions; and information on finances and property and processes for termination and liquidation of a group.  The Directorate for Religious Affairs under the Council of Ministers provides expert opinions on registration matters upon request of the court.  Applicants may appeal negative registration decisions to the Sofia Appellate Court and, subsequently, the Supreme Cassation Court.  The law does not require the formal registration of local branches of registered groups, only that branches notify local authorities of the national registration of their group.  The law prohibits registration of different groups with the same name in the same location.  There are 180 registered religious groups in addition to the BOC.

The law requires the government to provide funding for all registered religious groups, although there is no legal requirement on how to allocate the funds among the groups.  Registered groups have the right to perform religious services; own assets such as houses of worship and cemeteries; provide medical, social, and educational services; receive property tax exemptions; and participate in commercial ventures.

Unregistered religious groups may engage in religious practice, but they lack privileges granted to registered groups, such as access to government funding and the right to own property, establish financial accounts in their names, operate schools and hospitals, receive property tax exemptions, and sell religious merchandise.

The law restricts the wearing of face-covering garments in public places, imposing a fine of 200 levs ($120) for a first offense and 1,500 levs ($880) for repeat offenders.

The law allows registered groups to publish, import, and distribute religious media; unregistered groups may not do so.  The law does not restrict proselytizing by registered or unregistered groups.  Some municipal ordinances, however, restrict the activities of unregistered groups to include proselytizing and require local permits for distribution of religious literature in public places.

By law, public schools at all levels may, but are not required to, teach the historical, philosophical, and cultural aspects of religion and introduce students to the moral values of different religious groups as part of the core curriculum.  A school may teach any registered religion in a special course as part of the elective curriculum upon request of at least eight students, subject to the availability of books and teachers.  The Ministry of Education and Science approves and provides books for these special religion courses.  If a public school is unable to pay for a religion teacher, it may accept financial sponsorship from a private donor or a teacher from a registered denomination.  The law also allows registered religious groups to operate schools and universities, provided they meet government standards for secular education.

The Commission for Protection against Discrimination is an independent government body charged with preventing and protecting against discrimination, including religious discrimination, and ensuring equal opportunity.  It functions as a civil litigation court adjudicating discrimination complaints and does not charge for its services; its decisions may be appealed to administrative courts.  If the commission accepts a case, it assigns it to a panel and then reviews it in open session.  If it makes a finding of discrimination, the commission may impose a fine of 250-2,000 levs ($150-$1,200).  The commission may double fines for repeat violations.  Regional courts may also try civil cases involving religious discrimination.

The law establishes an independent ombudsman to serve as an advocate for citizens who believe public or municipal administrations or public service providers have violated their rights and freedoms, including those pertaining to religion, through their actions or inaction.  The ombudsman may request information from authorities, act as an intermediary in resolving disputes, make proposals for terminating existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The penal code provides up to three years’ imprisonment for forming “a political organization on religious grounds” or using a church or religion to spread propaganda against the authority of the state or its activities.  It prohibits the propagation or incitement of religious or other discrimination, violence, or hatred “by speech, press or other media, by electronic information systems or in another manner,” as well as religiously motivated assault or property damage.  Either offense is punishable by imprisonment for one to four years and a fine of 5,000-10,000 levs ($2,900-$5,900), as well as “public censure.”  Desecration of religious symbols or sites, including places of worship or graves, is punishable by up to three years’ imprisonment and a fine of 3,000-10,000 levs ($1,800-$5,900).

The law allows foreign members of religious denominations to obtain long-term residency permits.

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

Croatia

Executive Summary

The constitution provides for freedom of religious thought and expression and prohibits incitement of religious hatred.  All religious communities have the same religious protections under the law, and are free to worship, proselytize, own property, and import religious literature.  The government has written agreements with the Roman Catholic Church that provide state financial support and favorable tax and other treatment; 53 other registered religious communities that have agreements with the state receive equivalent treatment that registered religious communities without such agreements and unregistered religious groups do not receive.  Nongovernmental organizations (NGOs) and international organizations reported instances of border police subjecting migrants to treatment inconsistent with their religious beliefs.  The government denied these reports.  The ombudsperson covering human rights reported some health institutions denied operations to Jehovah’s Witnesses who refused blood transfusions for religious reasons, despite the ombudsperson having issued a recommendation that public hospitals provide treatment in such cases.  Jewish leaders said the government did not take concrete steps to restitute private or communal Jewish properties seized during the Holocaust.  According to observers, the government made no significant progress on such issues during the year.  Atheists and Jewish organizations said non-Catholic children were discriminated against in public schools.  Senior government officials attended an annual commemoration for victims of the World War II (WWII)-era Jasenovac concentration camp.  Jewish and Serb leaders, the latter largely Orthodox, boycotted the commemoration for the third year in a row, the former stating the government failed to address anti-Semitism.  Leaders of the Islamic community reported overall good relations with the government.

Jewish community leaders continued to report Holocaust revisionism and public use of Ustasha (WWII pro-Nazi regime) symbols and slogans.  The Council of Europe and the national ombudsperson reported an increase in religious intolerance, particularly online.  The ombudsperson’s report said comments on various online portals accused Jews of undermining democracy, freedom, and financial institutions.

The U.S. embassy continued to encourage the government to restitute property seized during and after WWII, particularly from the Jewish community during the Holocaust, and advocated amendments to existing legislation that would allow for restitution and compensation claims with a revised deadline for new applications.  The embassy sponsored a visit by two teachers to the United States for a Holocaust education exchange program and sponsored the visit to the United States of the director of the Jasenovac Concentration Camp Memorial Site on a leadership study program.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for equality of rights regardless of religion, as well as freedom of conscience and religious expression.  It prohibits incitement of religious hatred.  According to the constitution, religious communities shall be equal under the law and separate from the state; they are free to publicly conduct religious services as well as open and manage schools and charitable organizations under the protection and assistance of the state.

The Catholic Church receives state financial support and other benefits established by four concordats between the government and the Holy See.  These agreements provide for state financing for salaries and pensions of some religious officials associated with religious education through government-managed pension and health funds.  These agreements also stipulate state funding for religious education in public schools.

The law defines the legal position of religious communities and determines eligibility for government funding and tax benefits.  Registered religious communities are exempt from taxes on the purchase of real estate, the profit/capital gains tax, and taxes on donations.  According to the law, a religious community previously active as a legal entity before enactment of the current law need only submit its name, the location of its headquarters, information on the office of the person authorized to represent it, and the seal and stamp it uses to register.  To register as a religious community, a religious group without prior legal status must have at least 500 members and have been registered as an association, with at least three members for at least five years.  To register as a religious community, a group submits a list of its members and documentation outlining the group’s activities and bylaws and describing its mission to the Ministry of Administration.  Nonregistered religious groups may operate freely but do not receive tax benefits.  They may conduct financial transactions as legal entities.  A contractual agreement with the state, which grants a registered religious community eligibility for further funding and benefits, defines the community’s role and activities and provides for collaboration with the government in areas of joint interest, such as education, health, and culture.

There are 54 registered religious communities, including the Catholic Church, SOC, Bulgarian Orthodox Church, Christian Adventist Church, Church of Christ, Church of God, Croatian Old Catholic Church, Evangelical Church, Macedonian Orthodox Church, Pentecostal Church, Reformed Christian Church, Union of Baptist Churches, Seventh-day Adventist Reform Movement, The Church of Jesus Christ of Latter-day Saints, Union of Pentecostal Churches of Christ, Coordination of Jewish Communities in Croatia (an umbrella group of nine distinct Jewish communities), Jewish Community of Virovitica, Bet Israel (a Jewish group), and the Islamic Community of Croatia.  Besides the Catholic Church, 19 religious communities have agreements with the state.

The state recognizes marriages conducted by registered religious communities that have concluded agreements with the state, eliminating the need for civil registration.  Marriages conducted by registered communities that have not concluded agreements with the state, or by nonregistered religious groups, require civil registration.

Registered religious communities that have not concluded agreements with the state and nonregistered religious groups may not conduct religious education in public schools or access state funds in support of religious activities, including charitable work, counseling, building costs, and clergy salaries; however, they may engage in worship, proselytize, own property, and import religious literature.  Only registered religious communities, with or without agreements with the state, may provide spiritual counsel in prisons, hospitals, and the military.

Public schools must offer religious education, although students may opt out without providing specific grounds.  The Catholic catechism is the predominant religious text used.  Other religious communities that have agreements with the state may also offer religious education classes in schools if there are seven or more students of that faith.  Eligible religious communities provide the instructors and the state pays their salaries.  Private religious schools are eligible for state assistance and follow a national curriculum.  Registered religious communities may have their own schools.  Unregistered religious groups may not have their own schools.

Education about the Holocaust is mandatory in the seventh and eighth grades of elementary school and during four years of high school education.

The law does not unequivocally allow foreign citizens whose property was confiscated during and after the Holocaust era to seek compensation or restitution.  According to law, an applicant’s country must have a bilateral restitution treaty with Croatia, but no such bilateral treaties currently exist.  Two court cases have held such treaties are not required; however, the law has not changed.  The law does not allow new property claims, because the deadline expired in 2003.

The ombudsperson is a commissioner of the parliament responsible for the promotion and protection of human rights and freedoms, including religious freedom.  The ombudsperson examines citizens’ complaints pertaining to the work of state bodies; local and regional self-government; and legal persons vested with public authority.  The ombudsperson may issue recommendations to government agencies regarding human rights and religious freedom practices but does not have authority to enforce compliance with his or her recommendations.

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

Cyprus

Executive Summary

Since 1974, the southern part of Cyprus has been under the control of the Government of the Republic of Cyprus.  The northern part, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983.  The United States does not recognize the “TRNC,” nor does any country other than Turkey.  A substantial number of Turkish troops remain on the island.  A buffer zone, or “green line,” patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two parts.  This report is divided into two parts:  the Republic of Cyprus and the area administered by Turkish Cypriots.  For areas in the north that have different Greek and Turkish names, both are listed (e.g., Kormakitis/Korucam).

IN THIS SECTION: REPUBLIC OF CYPRUS (BELOW) | AREA ADMINISTERED BY TURKISH CYPRIOTS


The constitution prohibits religious discrimination and protects the freedom to worship, teach, and practice one’s religion.  It grants the Greek Orthodox Church of Cyprus the exclusive right to regulate and administer its internal affairs and recognizes the Vakf, an Islamic institution that manages sites of worship and land Muslims have donated as a charitable endowment.  Authorities closed the only functioning mosque in Paphos from October 2017 to May due to construction in the area and denied the Muslim community’s request to use the Grand Mosque as an alternative.  The government granted Turkish Cypriots and foreigners in the area administered by Turkish Cypriots access to religious sites in the area it controls, including for three visits to Hala Sultan Tekke Mosque during Eid al-Fitr, Eid al-Adha, and Mawlid al-Nabi.  On June 11, the government allowed Mufti of Cyprus Talip Atalay to attend an iftar with the Muslim community at Kato Paphos Mosque, marking the first time in more than four decades the mufti visited and prayed with the Muslim community of Paphos during Ramadan.  A Jehovah’s Witnesses representative reported difficulties accessing municipal cemeteries and in distributing pamphlets in Ayia Napa.  The Cyprus Humanists Association said the Ministry of Education (MOE) and public schools discriminated against atheist students, and the MOE on its website advised students to reject atheism.

The nongovernmental organization (NGO) Caritas reported instances of physical attacks and threats against Muslim students in Paphos.  The Jewish community reported incidents of anti-Semitic threats and verbal harassment.  Some religious minority groups reported pressure to engage in religious ceremonies of majority groups.  Greek Orthodox Christians reported they sometimes faced ostracism from that community if they converted to another religion.  Leaders of the main religious groups continued to meet and reaffirmed their commitment to promoting religious freedom across the island.

The U.S. Ambassador attended language classes for interfaith leaders coordinated by the Religious Track of the Cyprus Peace Process (RTCYPP), an initiative of the Swedish embassy that facilitates cooperation among religious leaders to advocate peace and access to and protection of religious sites and monuments.  The Ambassador discussed access to religious sites and interfaith dialogue with Church of Cyprus Archbishop Chrysostomos.  Embassy staff met with the government, NGOs, and religious leaders to discuss religious freedom, including access to religious sites island-wide and discrimination against minority religious groups.  Embassy officials encouraged continued dialogue among religious leaders and reciprocal visits to places of religious significance on both sides of the “green line.”

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits religious discrimination and protects the right of individuals to profess their faith and to worship, teach, and practice or observe their religion, individually or collectively, in private or in public, subject to limitations due to considerations of national security or public health, safety, order, and morals, or the protection of civil liberties.  The constitution specifies all religions whose doctrines or rites are not secret are free and equal before the law.  It protects the right to change one’s religion and prohibits the use of physical or moral compulsion to make a person change, or prevent a person from changing, his or her religion.  The ombudsman is an independent state institution responsible for protecting citizens’ rights and human rights in general.  The ombudsman has the power to investigate complaints made against any public service or official for actions that violate human rights, including freedom of religion, or contravene the laws or rules of proper administration.  The ombudsman makes recommendations to correct wrongdoings but cannot enforce them.

The constitution grants the Autocephalous Greek Orthodox Church of Cyprus (Church of Cyprus) the exclusive right to regulate and administer the Church’s internal affairs and property in accordance with its canons and charter.  By law, the Church of Cyprus pays taxes only on commercial activities.

The constitution sets guidelines for the Vakf, which is tax exempt and has the exclusive right to regulate and administer its internal affairs and property in accordance with its laws and principles.  According to the constitution, no legislative, executive, or other act may contravene or interfere with the Church of Cyprus or the Vakf.  The Vakf, which acts as caretaker of religious properties in the Turkish Cypriot community, operates only in the area administered by Turkish Cypriots.  The government administers and provides financial support to mosques in government-controlled areas.

Besides the Church of Cyprus and Islam, the constitution recognizes three other religious groups:  Maronite Catholics, Armenian Orthodox, and Latins (Roman Catholics).  Their institutions are tax exempt and eligible for government subsidies for cultural and educational matters, including to cover costs to operate their own schools, for school fees of group members attending private schools, and for activities to preserve their cultural identity.

Religious groups not recognized in the constitution must register with the government as nonprofit organizations in order to engage in financial transactions and maintain bank accounts.  To register, a religious group must submit through an attorney an application to the Registrar of Companies under the Ministry of Energy, Commerce, Industry, and Tourism, stating its purpose and providing the names of its directors.  Religious groups registered as nonprofit organizations are treated the same as other nonprofit organizations; they are tax exempt, must provide annual reports to the government, and are not eligible for government subsidies.

The law requires animals to be stunned before slaughter.

The government requires Greek Orthodox religious instruction and attendance at religious services before major holidays in public primary and secondary schools.  The MOE may excuse primary school students of other religious groups from attending religious services and instruction at the request of their guardians, but Greek Orthodox children in primary school may not opt out.  The MOE may excuse secondary school students from religious instruction on grounds of religion or conscience, and may excuse them from attending religious services on any grounds at the request of their guardians, or at their own request if over the age of 16.

Conscientious objectors on religious grounds are exempt from active military duty and from reservist service in the National Guard but must complete alternative service.  The two options available for conscientious objectors are unarmed military service, which is a maximum of four months longer than the normal 14-month service, or social service, which is a maximum of eight months longer than normal service but requires fewer hours of work per day.  The penalty for refusing military or alternative service is up to three years’ imprisonment, a fine of up to 6,000 euros ($6,900), or both.  Those who refuse both military and alternative service, even if objecting on religious grounds, are considered to have committed an offense involving dishonesty or moral turpitude and are disqualified from holding elected public office and ineligible for permits to provide private security services.

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

Czech Republic

Executive Summary

The Charter of Fundamental Rights and Freedoms, a supplement to the constitution, guarantees freedom of religious conviction and states everyone has the right to change, abstain from, and freely practice religion.  The Ministry of Culture (MOC) registered two religious groups in June; applications of three other groups and legal appeals by two other groups of registration denials remained pending at year’s end.  The High Court in Olomouc upheld a lower court conviction in absentia of Path of Guru Jara (PGJ) leader Jaroslav Dobes and another PGJ member and sentenced them to prison.  The high court also reversed and remanded the lower court’s convictions on seven other counts of rape involving PGJ; reportedly, the lower court later dismissed those charges.  The government stated that in the first nine months of 2017 it settled 638 claims by religious groups for property confiscated during the communist period.  President Milo Zeman awarded a medal to a nursing school head for “fighting intolerant ideology” after she barred a Somali student from wearing a hijab.  The opposition Freedom and Direct Democracy party (SPD) campaigned on an anti-Muslim platform in October elections.

The nongovernmental organization (NGO) In IUSTITIA reported 17 religiously motivated incidents – 13 against Muslims and four against Jews – compared with 34 in 2017.  The government reported 27 anti-Semitic and three anti-Muslim incidents in 2017, compared with 28 and seven, respectively, in 2016.  A survey by the Median polling agency found 80 percent of citizens did not want Muslims as their neighbors.  The government reported an increase in anti-Muslim rhetoric online.  A theater in Zlin received a letter stating Jews were unwanted immigrants who should “disappear abroad or in gas” after presenting a play on efforts to restore a Jewish cemetery in Prostejov.  The Ministry of Interior (MOI) reported 18 concerts in which participants expressed anti-Semitic and neo-Nazi views.

U.S. Embassy representatives discussed religious freedom issues, such as property restitution for religious groups and religious tolerance, with government officials.  In June embassy officials and the Special Envoy for Holocaust Issues (SEHI) discussed the welfare of Holocaust survivors and other issues of concern with officials from the Ministry of Foreign Affairs.  Embassy officials met with Jewish, Roman Catholic, Protestant, and Muslim religious leaders to reaffirm U.S. government support for religious freedom and tolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution does not explicitly address religious freedom, but the Charter of Fundamental Rights and Freedoms, a supplementary constitutional document, guarantees freedom of religious conviction and the fundamental rights of all regardless of their faith or religion.  It states every individual has the right to change religion or faith; to abstain from religious belief; and to freely practice religion, alone or in community, in private or public, “through worship, teaching, practice, observance.”  The charter defines religious societies, recognizing their freedom to profess their faith publicly or privately and to govern their own affairs, independent of the state.  It stipulates conscientious objectors may not be compelled to perform military service and that conditions for religious instruction at state schools shall be set by law.  The charter states religious freedom may be limited by law in the event of threats to “public safety and order, health and morals, or the rights and freedoms of others.”

The law states the MOC Department of Churches is responsible for religious affairs.  While religious groups are not required by law to register with the government and are free to perform religious activities without registering, they have the option to register with the MOC.  The law establishes a two-tiered system of registration for religious groups.  The MOC reviews applications for first- and second-tier registration with input from other government bodies, such as the Office for Protection of Private Data and outside experts on religious affairs.  The law does not establish a deadline for the MOC to decide on a registration application.  Applicants denied registration can appeal to the MOC to reconsider its decision and, if again denied, to the courts.

To qualify for the first (lower) tier, a religious group must present the signatures of at least 300 adult members permanently residing in the country, a founding document listing the basic tenets of the faith, and a clearly defined structure of fiduciary responsibilities.  First-tier registration confers limited tax benefits, including exemptions from a tax on the interest earned on current account deposits and taxes on donations and members’ contributions, and establishes annual reporting requirements on activities, balance sheets, and use of funds.

For second-tier registration, a group must have been registered with the Department of Churches for 10 years, have published annual reports throughout the time of its registration, and have membership equal to at least 0.1 percent of the population, or approximately 10,700 persons.  The group must provide this number of signatures as proof.  Second-tier registration entitles religious groups to government subsidies.  In addition, only clergy of registered second-tier religious groups may perform officially recognized marriage ceremonies and serve as chaplains in the military and at prisons.  Prisoners who belong to unregistered religious groups or groups with first-tier status may receive visits from their own clergy, outside of the prison chaplaincy system.

Religious groups registered prior to 2002 have automatic second-tier status without having to fulfill the requirements for second-tier registration.

There are 40 state-registered religious groups; 18 groups are first tier and 22 are second tier.

Unregistered religious groups are free to assemble and worship but may not legally own property.  Unregistered groups may form civic associations to manage their property.

The law authorizes the government to return to 17 religious groups (including the Roman Catholic Church, FJC, the Evangelical Church of Czech Brethren, and the Hussite Church) land and other property confiscated during the communist era and still in the government’s possession, the total value of which is estimated to be approximately 75 billion koruna ($3.42 billion).  It also sets aside 59 billion koruna ($2.69 billion) for financial compensation for property that cannot be returned, to be paid to these 17 groups over a period of 30 years, ending in 2043, according to a fixed timetable.  Using a mechanism prescribed by law based on an agreement among the religious groups concerned, the government allocates slightly more than 79 percent of the financial compensation to the Catholic Church.  Religious groups had a one-year window, which ended in 2013, to make restitution claims for confiscated land and other property, which the government is processing.  If the government rejects a property claim, the claimant may appeal the decision in the courts.  The law also contains provisions for phasing out direct state subsidies to second-tier religious groups over a 17-year period, ending in 2029.

The law permits second-tier registered religious groups to apply through the MOC to teach religion in state schools; 11 of the 22 second-tier groups have applied and received permission.  The teachers are supplied by the religious groups and paid by the state.  If a state school does not have enough funds to pay for its religious education teachers, teachers are paid by parishes or dioceses.  Although the law makes religious instruction in public schools optional, school directors must provide instruction in the beliefs of one of the 11 approved religious groups if seven or more students register for the optional class at the beginning of the school year, in which case the school provides the religious instruction only to the students who registered.

The government does not regulate instruction in private schools.

The penal code outlaws denial of Nazi, communist, or other genocide, providing for prison sentences of six months to three years for public denial, questioning, approval of, or attempts to justify the genocide committed by the Nazis.  The law also prohibits the incitement of hatred based on religion and provides for penalties of up to three years’ imprisonment.

Foreign religious workers from European Economic Area countries or Switzerland must obtain long-term residence and work permits to remain in the country for more than 90 days.  There is no special visa category for religious workers; foreign missionaries and clergy are required to meet the conditions for a standard work permit.

The law designates January 27 as Holocaust Remembrance Day.

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

Denmark

Executive Summary

The constitution guarantees the right of individuals to worship according to their beliefs.  It establishes the Evangelical Lutheran Church (ELC) as the national church, which has privileges not available to other religious groups.  Other religious groups must register with the government to receive tax and other benefits.  In August a law to ban masks and face coverings in public spaces, including burqas and niqabs, entered into force.  The government added seven new individuals, including two Americans, to a “hate preachers” list during the year, banning them from entering the country.  In December parliament enacted a law instituting a handshake requirement for persons becoming citizens that critics said targeted Muslims.  In June a citizen-driven petition to ban circumcision for individuals younger than age 18 acquired enough signatures to be debated in parliament.  The measure, strongly opposed by the Jewish and Muslim communities, was scheduled for a vote in 2019, and a majority of political parties said they would vote against it.  In January the government unveiled an action plan against what it called “ghetto” communities, which critics interpreted to mean Muslims, that included mandatory religious teaching on Christmas and Easter during day care for children receiving government benefits.  The immigration and integration minister made statements critical of Islam.

Police reported 142 religiously motivated crimes in 2017, 61 percent more than in 2016.  There were 67 incidents, including assault and a death threat, against Muslims and 38 against Jews.  Separately, the Jewish community in Copenhagen reported 30 anti-Semitic acts in that city in 2017, including aggravated harassment, threats, and hate speech.  Jewish and Muslim community leaders stated most victims did not report incidents because they believed police would not follow up.  The Nye Borgerlige Party adopted a platform critical of Islam.

The U.S. Ambassador and other embassy officials regularly met with foreign ministry and other government representatives, including at the cabinet level, to raise Jewish and Muslim concerns over proposals to ban male circumcision and the prohibition on masks and face coverings.  They also met with religious groups, including Jews, Muslims, the ELC, Buddhists, and humanists and atheists, as well as nongovernmental organizations, to discuss their concerns and stress the importance of religious tolerance and diversity.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares the ELC as the country’s established Church, which shall receive state support and to which the reigning monarch must belong.  The constitution also states individuals shall be free to form congregations to worship according to their beliefs, providing nothing “at variance with good morals or public order shall be taught or done.”  It specifies that, “rules for religious bodies dissenting from the established Church shall be laid down by statute.”  It stipulates that no person may be deprived of access to the full enjoyment of civil and political rights because of religious beliefs, and that these beliefs shall not be used to evade compliance with civic duty.  It prohibits requiring individuals to make personal financial contributions to religious denominations to which they do not adhere.

The law prohibits hate speech, including religious hate speech, and specifies as penalties a fine (amount unspecified) or a maximum of one year’s imprisonment.  If a religious leader disseminates the hate speech, the penalties increase to a fine or a maximum of three years’ imprisonment.

The law permits the government to prevent religious figures who are foreign nationals and do not already have a residence permit from entering the country if the Ministry of Immigration and Integration determines their presence poses a threat to the public order.  In such cases, the ministry places the individuals on a national sanctions list and bars them from entry into the country for a two-year period, which may be renewed.

The ELC is the only religious group that receives funding through state grants and voluntary taxes paid through payroll deduction from its members.  Members receive a tax credit for their donations to the ELC.  The voluntary taxes account for an estimated 86 percent of the ELC’s operating budget; the remaining 14 percent is provided through a combination of voluntary donations by congregants and government grants.  Members of other recognized religious communities cannot contribute via payroll deduction but may donate to their own community voluntarily and receive an income tax credit.  The ELC and other state-recognized religious communities carry out registration of civil unions, births, and deaths for their members.

On May 31, the government enacted a law prohibiting masks and face coverings, including burqas and niqabs, in public spaces.  Violators may be fined 1,000-10,000 kroner ($150-$1,500).  The maximum fine is for those who violate the law four or more times.

The Ministry of Culture and Ecclesiastic Affairs has responsibility for granting official status to religious groups besides the ELC through recognition by royal decree (for groups recognized prior to 1970) or through official registration.  According to the Ministry of Culture and Ecclesiastic Affairs, there are (as of November) 315 religious groups and congregations the government officially recognizes or that are affiliated with recognized groups:  208 Christian groups, 62 Muslim, 17 Buddhist, nine Hindu, three Jewish, and 16 other groups and congregations, including the Baha’i Faith, the Alevi Muslim community, and followers of the indigenous Norse belief system Forn Sidr.

Recognized religious groups have the right to perform legal marriage ceremonies, name and baptize children with legal effect, issue legal death certificates, obtain residence permits for foreign clergy, establish cemeteries, and receive tax-deductible financial donations and various valued-added tax exemptions.  A religious community law enacted in December 2017 effective on January 1 allows only religious communities recognized before 1970 to issue name, baptismal, and marriage certificates.  According to the law, this privilege will expire for all religious communities except the ELC in 2023.  Members of other religious communities or individuals unaffiliated with a recognized religious group may opt to have birth and death certificates issued by the health authority.

Groups not recognized by either royal decree or a government registration process, such as the Church of Scientology, are entitled to engage in religious practices without any kind of public registration, but members of those groups must marry in a civil ceremony in addition to any religious ceremony.  Unrecognized religious groups are not granted fully tax-exempt status, but they have some tax benefits; for example, contributions by members are tax-deductible.

The religious community law that came into force in January codifies for the first time the registration process for religious communities other than the ELC and eliminates the previous distinction between those recognized by royal decree and those approved through registration.  For a religious community to be recognized, it must have at least 150 members, while a congregation, which the Ministry of Culture and Ecclesiastic Affairs considers as a group within one of the major world religions (Christianity, Judaism, Hinduism, Buddhism, and Islam), must consist of at least 50 adult members to be approved.  For congregations located in sparsely populated regions, such as Greenland, the government applies a lower population threshold, varying according to the total population of the region.  The guidelines for approval of religious organizations require religious groups seeking registration to submit a document on the group’s central traditions; descriptions of its most important rituals; a copy of its rules, regulations, and organizational structure; an audited financial statement; information about the group’s leadership; and a statement on the number of adult members permanently residing in the country.  Groups must also have formal procedures for membership and make their teachings available to all members.  The Ministry of Justice makes the final decision on registration applications after receiving recommendations from a group consisting of a lawyer, religious historian, sociologist of religion, and nonordained theologian.

The law bans judges from wearing religious symbols such as headscarves, turbans, skullcaps, and large crucifixes while in court.

All public and private schools, including religious schools, receive government financial support.  Public schools must teach ELC theology; the instructors are public school teachers rather than persons provided by the ELC.  Religious classes are compulsory in grades 1-9, although students may be exempted if a parent presents a request in writing.  No alternative classes are offered.  The ELC course curriculum in grades 1-6 focuses on life philosophies and ethics, biblical stories, and the history of Christianity.  In grades 7-9, the curriculum adds a module on world religions.  The course is optional in grade 10.  If the student is 15 years old or older, the student and parent must jointly request the student’s exemption.  Private schools are also required to teach religion classes in grades 1-9, including world religion in grades 7-9.  The religion classes taught in grades 1-9 need not include ELC theology.  Collective prayer in schools is allowed if it does not include proselytizing.  Prayers are optional at the discretion of each school.  They may consist of ELC, other Christian, Muslim, or Jewish prayers, and students may opt out of participating.

Military conscription is mandatory for all physically fit men older than 18.  Women may participate but are not obligated to do so.  Military service is typically four months.  There is an exemption for conscientious objectors, including on religious grounds, allowing conscientious objectors to perform alternative civilian service, which also has a period of four months, instead.  An individual wishing to perform alternative service as a conscientious objector must apply within eight weeks of receiving notice of military service.  The application is adjudicated by the Conscientious Objector Administration and must show that military service of any kind is incompatible with the individual’s conscience.  The alternative service may take place in various social and cultural institutions, peace movements, organizations related to the United Nations, churches and ecumenical organizations, and environmental organizations throughout the country.

The law prohibits ritual slaughter of animals without prior stunning, including kosher and halal slaughter.  The law allows for slaughter according to religious rites with prior stunning and limits such slaughter to cattle, sheep, goats, and chickens.  All slaughter must take place at a slaughterhouse.  Slaughterhouses practicing ritual slaughter are obliged to register with the Veterinary and Food Administration.  Violations of this law are punishable by fines or up to four months in prison.  Halal and kosher meat may be imported.

A law that came into force on May 1 requires clergy members with legal authorization to officiate at marriages to have an adequate mastery of the Danish language and to complete a two-day course on family law and civil rights, administered by the Ministry of Culture and Ecclesiastic Affairs.  The law also includes a requirement that religious workers “must not behave or act in a way that makes them unworthy to exercise public authority.”  Religious workers perceived as not complying with the new provisions may be stripped of their right to perform marriages.

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

Estonia

Executive Summary

The constitution declares there is no state church and protects the freedom of individuals to practice their religion.  It prohibits the incitement of religious hatred, violence, or discrimination.  The law provides the procedure for registration of religious associations and religious societies and regulates their activities.  Unregistered religious associations are free to conduct religious activities but are not eligible for tax benefits.  The government continued to provide funds to the Council of Churches for ecumenical activities.  On January 26, the government held an annual memorial event on Holocaust Remembrance Day at the Rahumae Jewish Cemetery in Tallinn to commemorate the victims of the Holocaust.

In August unidentified individuals burned and defaced the Kalevi-Liiva Holocaust memorial with anti-Semitic graffiti.  A police investigation continued at year’s end.  Jewish groups expressed concern about a September 2 demonstration involving the temporary erection of a monument depicting an Estonian soldier in a World War II-era German uniform.  In 2017, the most recent year for which data was available, police registered no hate crime cases involving religion, compared with six cases in 2016.

U.S. embassy officials discussed religious freedom and the importance of religious tolerance with government representatives.  The embassy made use of social media to promote religious freedom, including producing a featured video to commemorate National Religious Freedom Day.  The Ambassador and embassy staff continued to support dialogue on anti-Semitism and Holocaust education in meetings with government officials, religious leaders, civil society, and nongovernmental organizations (NGOs).

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares there is no state church and stipulates freedom for individuals to belong to any religious group and practice any religion, both alone and in community with others, in public or in private, unless doing so is “detrimental to public order, health, or morals.”  The constitution also prohibits incitement of religious hatred, violence, or discrimination.  The law states that violations are punishable by fines or up to three years in prison.  The constitution recognizes the right to refuse military service for religious reasons but requires conscientious objectors to perform alternative service as provided by law.

The law regulates the activities of religious associations and religious societies.  Religious associations are defined as churches, congregations, unions of congregations, and monasteries.  Churches, congregations, and unions of congregations are required to have a management board.  The management board has the right to invite a minister of religion from outside the country.  The residence of at least half of the members of the management board must be in the country, in another member state of the European Economic Area, or in Switzerland.  The elected or appointed superior of a monastery serves as the management board for the monastery.  Religious societies are defined as voluntary organizations whose main activities include religious or ecumenical activities relating to morals, ethics, culture, and social rehabilitation activities outside the traditional forms of religious rites of a church or congregation.  Religious societies do not need to affiliate with a specific church or congregation.

The registration office of the Tartu County Court registers religious associations and religious societies.

To register, a religious association must have at least 12 members, and its management board must submit a notarized or digitally signed application, the minutes of its constitutive meeting, and a copy of its statutes.  The law treats registered religious associations as nonprofit entities entitled to some tax benefits if they apply for them, such as a value-added tax exemption.  There are more than 550 religious associations registered with the government.

The law does not prohibit activities by unregistered religious associations.  Unregistered religious associations, however, may not act as legal persons.  Unlike registered religious associations, unregistered associations are not eligible for tax benefits.

Religious societies are registered according to the law governing nonprofit associations and are entitled to the same tax benefits as religious associations.  To register as an NGO, a religious society must have a founding contract and statutes approved by its founders, who may be physical or legal persons.  The minimum number of founders is two.  The society must submit its registration application either electronically or on paper to the Tartu County Court registry office.

The law requires the commanding officer of each military unit to provide its members the opportunity to practice their religion.  Prison directors must also provide the opportunity for inmates to practice their religious beliefs.  The state funds police and border guard, military, and prison chaplains, who may belong to any registered religious denomination and must guarantee religious services for individuals of all faiths.

Optional basic religious instruction is available in public and private schools, funded by the state.  All schools must provide religious studies at the primary and secondary levels if students request these studies.  The courses offer a general introduction to different faiths.  Religious studies instructors may be lay teachers or clergy provided by religious groups.  There are also private religious schools.  All students, regardless of their religious affiliation or non-affiliation, may attend religious schools.  Attendance at religious services at religious schools is voluntary.  The majority of students attending a private religious school are not associated with the school’s religious affiliation.

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

Finland

Executive Summary

The constitution prohibits religious discrimination “without an acceptable reason” and provides for the right to profess and practice a religion and to decline to be a member of a religious community.  The law prohibits breaching the sanctity of religion, which includes blasphemy, offending that which a religious community holds sacred, and disturbing worship or funeral ceremonies.  Religious communities must register to receive government funds.  In September an appeals court upheld a 2017 lower court ban of the Nordic Resistance Movement (NRM), the largest neo-Nazi group in the country.  After a court ruled that a long-standing military service exemption which applied only to Jehovah’s Witnesses violated the nondiscrimination clauses of the constitution, parliament began debating a bill to end the exemption.  Some politicians again made negative remarks against Muslims in social media.  The ombudsman for children in the Ministry of Justice (MOJ) advocated banning circumcision and stricter religious registration criteria.

The nondiscrimination ombudsman’s office received 55 complaints of religious discrimination during the year, compared with 46 in the previous year.  Police reported 235 hate crimes involving members of religious groups in 2017, 10 of which it determined were specifically motivated by the victim’s religion.  After its banning, the NRM continued to publish anti-Semitic and anti-Muslim language online, as did other groups.  Muslim groups continued to seek adequate houses of worship to match their growing population after plans for a “Grand Mosque” in Helsinki failed to materialize.  Groups promoting interreligious dialogue expanded their capabilities during the year, with government support.

U.S. embassy staff met with various ministry officials to discuss government support for religious freedom and interfaith dialogue, religious education, and male circumcision.  Embassy staff also discussed with the Jewish and Muslim communities their concerns about the law banning certain forms of animal slaughter, government guidelines discouraging male circumcision, and a rise in religiously motivated harassment.  They also discussed the state of religious freedom with these communities, other religious minorities, youth groups, and interfaith networks.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution bars discrimination based on religion “without an acceptable reason.”  It stipulates freedom of religion and conscience, including the right to profess and practice a religion, to express one’s convictions, and to be a member or decline to be a member of a religious community.  It states no one is under the obligation to participate in the practice of a religion.  The law criminalizes the “breach of the sanctity of religion,” which includes blaspheming against God, publicly defaming or desecrating to offend something a religious community holds sacred, and disturbing worship or funeral ceremonies.  Violators are subject to fines or imprisonment for up to six months.  Authorities have rarely applied the law, most recently in 2009.

The law explicitly prohibits religious discrimination and prescribes a nondiscrimination ombudsman responsible for supervising compliance with the law and investigating individual cases of discrimination and having the power to levy fines on violators.  The ombudsman advocates on behalf of victims, offers counseling and promotes conciliation, and lobbies for legislation, among other duties and authorities.  Individuals alleging discrimination may alternatively pursue legal action through the National Non-Discrimination and Equality Tribunal or through the district court system.  Litigants may appeal the decisions of the tribunal and the district court system to the higher Administrative Court.

In May parliament unanimously approved a reform of the Church Act, which governs the practices of the Evangelical Lutheran Church.  Among other changes, the new act, scheduled to come into force in 2019, devolves certain responsibilities back to the Church that previously required parliamentary approval, such as allowing Church authorities to present new policy proposals and hold votes online rather than requiring in person meetings.

Individuals and groups may exist, associate, and practice their religion without registering with the government.  To be eligible to apply for government funds, however, religious groups must register with the Patent and Registration Office as a religious community.  To register as a community, a group must have at least 20 members, have as its purpose the public practice of religion, and have a set of rules to guide its activities.  A registered religious community is a legal entity that may employ persons, purchase property, and make legal claims.  Nonprofit associations, including registered and unregistered religious groups, are generally exempt from taxes.  According to the MEC, there are approximately 130 registered religious communities, most of which have multiple congregations.  Persons may belong to more than one religious community.

All citizens who belong to either the ELC or Orthodox Church pay a church tax, collected together with their income tax payments.  Congregations collectively decide the church tax amount, now set at between 1 to 2 percent of member income.  Those who do not want to pay the tax must terminate their ELC or Orthodox congregation membership.  Members may terminate their membership by contacting the official congregation or the local government registration office, either electronically or in person.  Local parishes have fiscal autonomy to decide how to use funding received from taxes levied on their members.

Registered religious communities other than the ELC and Orthodox Church are also eligible to apply for state funds.  The law states registered religious communities that meet the statutory requirements (a minimum of 20 members and the ability to collect fees) may receive an annual subsidy from the government budget in proportion to the religious community’s percentage of the population.

The ELC is required to maintain public cemeteries and account for the spending of government funds.  Other religious communities and nonreligious foundations may maintain their own cemeteries.  All registered religious communities may own and manage property and hire staff, including appointing clergy.  The law authorizes the ELC and Orthodox Church to register births, marriages, and deaths for their members in collaboration with the government Population Register Center.  State registrars do this for other persons.

Parents may determine their child’s religious affiliation if the child is younger than 12 years of age.  The parents of a child between the ages of 12 and 17 must pursue specific administrative procedures with their religious community and the local population registration officials to change or terminate religious affiliation.

All public schools provide religious teaching in accordance with students’ religion.  All students must take courses either in ethics or in religious studies, with the choice left up to the student.  Schools must provide religious instruction in religions other than the Lutheran faith if there is a minimum of three pupils representing that faith in the municipal region, the religious community in question is registered, and the students’ families belong to the religious community.  Students who do not belong to a religious group or belong to a religious group for which special instruction is not available may study ethics.  Students age 18 or older may choose to study either the religious courses pertaining to their religion or ethics.  If a student belongs to more than one religious community, the parents decide in which religious education course the student participates.  The government does not prohibit or restrict private religiously based schools.

Religious education focuses on familiarizing students with their own religion, other religions, and general instruction in ethics.  Teachers of religion must have the required state-mandated training for religious instruction.  The state appoints them, and they are not required to belong to any religious community.  The National Board of Education provides a series of textbooks about Orthodox and Lutheran Christianity, Catholicism, Judaism, and Islam, as well as a textbook on secular ethics.

The government allows conscientious objectors to choose alternative civilian service instead of compulsory military service.  In February the Helsinki Court of Appeals overturned a long-standing exemption for Jehovah’s Witnesses from military service.  After a conscientious objector who was not a member of the Jehovah’s Witnesses challenged the exemption policy, the court ruled in his favor, stating the legal exemption gave preferential treatment to one particular religion and thus violated the nondiscrimination clauses of the constitution.  Per current legislation, conscientious objectors who refuse both military and alternative civilian service may be sentenced to prison terms of up to 173 days, one-half of the 347 days of alternative civilian service.  Following the court ruling, all conscientious objectors are entitled to the same exemption from duty regardless of their religion.  Regular military service ranges between 165 and 347 days.

The law bans certain types of animal slaughter, requiring that animals be stunned prior to slaughter or be killed and stunned simultaneously in cases of religious practice.

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

France

Executive Summary

The constitution and the law protect the right of individuals to choose, change, and practice religion.  The president and other government officials again condemned anti-Semitic, anti-Muslim, and anti-Christian acts, and the government continued to deploy 7,000 security forces to protect sensitive sites, including religious ones.  In June the government thwarted an attempted extremist plot to attack Muslims.  In April authorities expelled an Algerian imam because of his radical preaching in Marseille.  The government denied an Algerian Muslim woman citizenship after she refused to shake the hands of male officials.  The government announced a 2018-2020 action plan to combat hatred, including anti-Semitism, and a nationwide consultation process with the Muslim community to reform the organization and funding of Islam within France.  In July the interior minister announced expansion of a “precomplaint” system designed to facilitate reporting of crimes, to include anti-Semitic acts.  The government continued to enforce a ban on full-face coverings in public and the wearing of “conspicuous” religious symbols in public schools.  President Emmanuel Macron stated his intent to “fight against Salafism and extremism,” which he described as “a problem in our country.”  In May the UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism said the government treated Muslims as a “suspect community” through the application of counterterrorism laws and called the government closure of mosques a restriction on religious freedom.

Religiously motivated crimes and other incidents against Jews and Muslims occurred, including killings or attempted killings, beatings, threats, hate speech, discrimination, and vandalism.  The government reported 1,063 anti-Christian incidents, compared with 1,038 in 2017, most of which involved vandalism or other acts against property.  According to government statistics, there were 100 crimes targeting Muslims, including an attack against Muslim worshippers outside a mosque, a 17 percent decrease compared with the 121 in 2017.  The government also reported an additional 51 acts against Muslim places of worship or cemeteries.  There were 541 anti-Semitic crimes, consisting of physical attacks, threats, and vandalism, an increase of 74 percent compared with the 311 incidents recorded in 2017.  Anti-Semitic incidents included the killing of a Holocaust survivor, an acid attack against a rabbi’s baby, and threatening letters against Jewish groups citing the killing of the Holocaust survivor.  Violent anti-Semitic crimes totaled 81, compared with 97 in 2017.  A student leader at the University of Paris (the Sorbonne) generated considerable debate after wearing a hijab on national television.  According to a poll conducted by the French Institute of Public Opinion (IFOP) in February, 43 percent of respondents thought Islam was not compatible with the values of the republic.

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 with the country’s Ambassador-at-Large for Human Rights and Holocaust Issues.  The Ambassador, 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 advance tolerance.  The embassy funded a visit to the United States for four nongovernmental organization (NGO) directors on an exchange program that included themes of interfaith cooperation and religious tolerance.  It also sponsored the participation of three imams at a conference in Rabat focused on building interfaith relationships.

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 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 which France adheres to, 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 ($1700) 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.  Penalties for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000-75,000 euros ($51,600-86,000), depending on the severity of the victims’ injuries.  For religiously motivated acts of public defamation, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($51,600).  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, defined as liturgical services and practices.  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.  Once granted, the association may use the tax-exempt status nationwide.  In order to qualify, the group’s sole purpose must be the practice of religion, which may include religious training and the construction of buildings serving the religious group.  Among excluded activities are those purely cultural, social, or humanitarian in nature.  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 MOI, 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status.

The law states “detained persons have the right to freedom of opinion, conscience, and religion.  They can 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 ($8,600).  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.  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 ($34,400) 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.

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.  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 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 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 members of the faiths concerned and are under the control of the respective churches.  Elsewhere in mainland France, 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 an individual child’s 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 exempted 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.

Germany

Executive Summary

The constitution prohibits religious discrimination and provides for freedom of faith and conscience and the practice of one’s religion.  The country’s 16 states exercise considerable autonomy on registration of religious groups and other matters.  Unrecognized religious groups are ineligible for tax benefits.  The federal and some state offices of the domestic intelligence service continued to monitor the activities of certain Muslim groups.  Authorities also monitored the Church of Scientology (COS), which reported continued government discrimination against its members.  Certain states continued to ban or restrict the use of religious clothing or symbols, including headscarves, for some state employees, particularly teachers and courtroom officials.  While senior government leaders continued to condemn anti-Semitism and anti-Muslim sentiment, some members of the federal parliament and state assemblies from the Alternative for Germany (AfD) Party again made anti-Semitic and anti-Muslim statements.  The federal and seven state governments appointed anti-Semitism commissioners for the first time, following a recommendation in a parliament-commissioned 2017 experts’ report to create a federal anti-Semitism commissioner in response to growing anti-Semitism.  The federal anti-Semitism commissioner serves as a contact for Jewish groups and coordinates initiatives to combat anti-Semitism in the federal ministries.  In July the government announced it would increase social welfare funding for Holocaust survivors by 75 million euros ($86 million) in 2019.  In March Federal Interior Minister Horst Seehofer said he did not consider Islam to be a part of the country’s culture, and that the country was characterized by Christianity.  In May the Bavarian government decreed that every public building in the state must display a cross in a clearly visible location near its entrance.

There were numerous reports of anti-Semitic, anti-Muslim, and anti-Christian incidents.  These included assaults, verbal harassment, threats, discrimination, and vandalism.  Most anti-Christian incidents involved actions by Muslim migrants against migrant converts.  Jews expressed security concerns after several widely publicized anti-Semitic attacks, coupled with reports of anti-Semitic bullying in schools.  Final federal crime statistics cite 1,799 anti-Semitic crimes during the year, including 69 involving violence, an increase of 20 percent compared with 1,504 anti-Semitic crimes, of which 37 were violent, in 2017.  The federal crime statistics attributed 93 percent of the 2017 crimes to the far right.  A study covering 2007-2017 by the Technical University of Berlin found online anti-Semitism was at its highest level ever recorded.  There were demonstrations expressing anti-Muslim and anti-Islamic sentiment and protests against what participants described as radical Islam.  The Roman Catholic Church and the Protestant Church in Germany (EKD) continued to make public statements opposing the COS.

The U.S. embassy and five consulates general monitored the government’s responses to incidents of religious intolerance and expressed concerns about anti-Semitic, anti-Christian, and anti-Muslim acts.  Embassy representatives met regularly with the newly appointed federal government anti-Semitism commissioner at the Ministry of Interior.  The embassy and consulates general maintained a dialogue with a broad spectrum of religious communities and human rights nongovernmental organizations (NGOs) on their concerns about religious freedom and on ways to promote tolerance and communication among religious groups.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution (also known as the basic law) prohibits discrimination based on religious opinion and provides for freedom of faith and conscience and the freedom to profess a religious or philosophical creed and to practice one’s religion.  The constitution also prohibits an official state church.  It stipulates no one shall be required to disclose his or her religious convictions nor be compelled to participate in religious acts.  The constitution states religious instruction shall be part of the curriculum in public schools and that parents have the right to decide whether their children shall receive religious instruction.  It recognizes the right to establish private denominational schools.  The constitution guarantees the freedom to form religious societies and states groups may organize themselves for private religious purposes without constraint.  It allows registered religious groups with Public Law Corporation (PLC) status to receive public subsidies from the states and provide religious services in the military, at hospitals, and in prisons.

The federal criminal code prohibits calling for violence or arbitrary measures against religious groups or their members or inciting hatred against them.  Violations are punishable by up to five years in prison.  It also prohibits “assaulting the human dignity of religious groups or their members by insulting, maliciously maligning, or defaming them,” specifying a maximum penalty of five years in prison, although prison sentences are rare.  The prohibition and the penalties apply equally to online speech.  The federal criminal code prohibits disturbing religious services or acts of worship, with violators subject to a fine or imprisonment for up to three years.  The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred, specifying a penalty of up to five years’ imprisonment.

The law permits the federal government to characterize “nontraditional” religious groups as “sects,” “youth religions,” and “youth sects,” and allows the government to provide “accurate information” or warnings about them to the public.  The law does not permit the government to use terms such as “destructive,” “pseudo-religious,” or “manipulative” when referring to these groups.  Several court decisions have ruled the government must remain neutral towards a religion and may provide a warning to the public only if an “offer” by a religious group would endanger the basic rights of an individual or place the individual in a state of physical or financial dependence.

Religious groups wishing to qualify as nonprofit associations with tax-exempt status must register.  State-level authorities review registration submissions and routinely grant tax-exempt status; if challenged, their decisions are subject to judicial review.  Religious groups applying for tax-exempt status must provide evidence through their statutes, history, and activities that they are a religious group.

A special partnership exists between the states and religious groups with PLC status, as outlined in the constitution.  Any religious group may request PLC status, which, if granted, entitles the group to levy tithes on members (averaging 9 percent of income tax) that each state collects on its behalf, separately from income taxes, but through the state’s tax collection process.  PLCs pay fees to the government for the tithing service, but not all groups with PLC status utilize the service.  PLC status also allows for tax exemptions (larger than those given to groups with nonprofit status), representation on supervisory boards of public television and radio stations, and the right to special labor regulations, for example, requiring employees in hospitals, kindergartens, or NGOs run by a religious group to be members of that group.  State governments subsidize institutions with PLC status providing public services, such as religious schools and hospitals.  Due to historic “state-church contracts” dating back to before the Weimar republic, all state governments except for Bremen and Hamburg subsidize the Catholic Church and the EKD with different yearly amounts.

According to the constitution, the decision to grant PLC status is made at the state level.  Individual states base PLC status decisions on a number of varying qualifications, including an assurance of the group’s permanence, size, and respect for the constitutional order and fundamental rights of individuals.  An estimated 180 religious groups have PLC status, including Catholics, the EKD, Baha’is, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ, the Salvation Army, and Seventh-day Adventists.  Ahmadi Muslim groups have PLC status in the states of Hesse and Hamburg; no other Muslim communities have PLC status.  The COS does not have PLC or nonprofit status in any state.

According to a ruling by the Federal Constitutional Court, general headscarf bans for teachers at public schools are a violation of religious freedom, but implementation is left to the states, which may determine if special circumstances apply.  Bavaria, North-Rhine Westphalia (NRW), and Saarland render decisions on a case-by-case basis.  Schleswig-Holstein, Hamburg, and Bremen do not prohibit headscarves for teachers.  Hesse permits teachers to wear headscarves as long as doing so does not impair “school peace” or threaten perceptions of state neutrality.  A law in Berlin bans visible signs of religious affiliation for police, lawyers, judges, law enforcement staff, and primary and secondary public school teachers.  The Berlin law permits teachers at some categories of institutions, such as vocational schools, to wear headscarves.  Other states have laws that restrict religious attire in certain circumstances.

In April the Bavarian Parliament amended its legislation to prohibit judges, prosecutors, and judicial trainees from wearing religious symbols in court.

Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving.  Infractions are punishable by a 60 euro ($69) fine.

Some federal and state laws affect religious practices.  Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices.  However, there are exceptions.  Pursuant to a Federal Administrative Court decision, trained personnel may kill animals without anesthesia in a registered slaughterhouse under observation of the local veterinary inspection office if the meat is for consumption only by members of religious communities whose beliefs require slaughtering animals without anesthesia.

According to federal law, religious groups may appoint individuals with special training to carry out circumcision of males under the age of six months.  After six months, the law states circumcisions must be performed in a “medically professional manner” and without unnecessary pain.

All states offer religious instruction and ethics courses in public schools.  Religious communities with PLC status (or without such status that have concluded a special agreement with the state that grants them this right) appoint religion teachers and work with the states to set the curriculum for religious education in line with the constitution; the states pay the teachers’ salaries.  Most public schools offer the option of Protestant and Catholic religious instruction in cooperation with those Churches, as well as instruction in Judaism if enough students (usually 12, although regulations vary state to state) express an interest.  The states of Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein also offer some religious instruction in Islam, with the teachers provided by the religious community or by the government, depending on the state.  In Bavaria and Schleswig-Holstein, the state provides this instruction; in the other federal states, Muslim communities or associations do.  In Hamburg and Bremen, nondenominational religious instruction for all students is offered by the Protestant Church and the state, respectively.

In Bavaria, teachers provide Islamic instruction to approximately 15,000 students in 219 primary schools and 118 middle and secondary schools under a pilot program expiring in 2019.  In the fall, NRW began providing Islamic religious instruction in 20 occupational (vocational) schools.

Students who do not wish to participate in religious instruction may opt out; in some states those who opt out may substitute ethics courses.  State authorities generally permit religious groups to establish private schools as long as they meet basic curriculum requirements.  Schooling is constitutionally mandated, and homeschooling, including for religious reasons, is prohibited in all the states.

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

Greece

Executive Summary

The constitution states freedom of religious conscience is inviolable and provides for freedom of worship with some restrictions.  It recognizes Greek Orthodoxy as the “prevailing religion.”  The law prohibits offenses violating “religious peace,” including blasphemy and “religious insult,” punishable by prison sentences of up to two years.  Police arrested two Jehovah’s Witnesses for religious insult, releasing them the following day.  At least 30 different religious communities are officially registered with the government.  In August parliament passed legislation requiring all Greek Orthodox priests, imams in Thrace, and rabbis to register in the same electronic database used for other registered religious communities.  The same law requires mandatory retirement for muftis at the same age as other judicial officials, authorizes the Ministry of Education, Research, and Religious Affairs to fund the muftiates, and tasks the Ministry of Finance with their financial oversight.  On March 20, the Council of State deemed changes introduced to religious instruction in primary and middle schools in 2016 were unconstitutional and contrary to the European Convention on Human Rights (ECHR).  In October parliament passed legislation requiring notarized consent from all parties wishing to adjudicate a family matter using sharia instead of the civil courts.  A criminal trial continued for 69 members and supporters of the Golden Dawn (GD) political party accused of a string of violent attacks and arson, including on Muslim migrants.  The government issued 11 new house of prayer permits:  eight to Jehovah’s Witnesses, two to Muslim groups, and one to Pentecostals.  The Greek Orthodox Church, Muslim minority of Thrace, Jewish communities, and Roman Catholic Church continued to receive some government benefits not available to other religious communities.  Some members of the Muslim minority of Thrace continued to oppose the government’s appointment of muftis, advocating that the community elect them.  The government continued to fund Holocaust education programs; on January 19, the parliamentary president announced the government would fund a museum inside the Auschwitz concentration camp commemorating Greek Jews who perished there.

Media reported continued incidents of anti-Semitic discrimination, hate speech, vandalism, and anti-Muslim assaults.  Incidents of vandalism affecting religious properties, including Holocaust memorials and Greek Orthodox churches, continued.  On March 6, a group of self-described anarchists placed an explosive device outside the Diocese of Neapoli and Stavroupolis, near Thessaloniki; the explosion damaged the building entrance.  On December 27, a small explosive device left by self-proclaimed anarchist group “Iconoclastic Sect” detonated outside Greek Orthodox Agios Dionysios Church in central Athens.  A police officer and the churchwarden sustained minor injuries.  On May 4, unidentified individuals destroyed nine marble stones in the Jewish section of a historic Athens cemetery.  The president of the Athens Jewish Community said the destruction was “the most severe [anti-Semitic] incident in Athens in the past 15 years.”  Secretary General for Religious Affairs George Kalantzis condemned the vandalism in a statement that said, in part, “What kind of people are those who hate the dead? . . . The vandalism of the Jewish cemetery should be for us a cause, a reason to intensify even more our efforts so as the poison of anti-Semitism stays away from our society.”  The Mayor of Athens, George Kaminis immediately issued a statement condemning the attack, noting, “Such events have no place in Athens, in a city free and open that is not intimidated.”  The secretary general for human rights said these types of incidents “attack human dignity and harm society as a whole.”  On May 13, national government and municipal officials joined the Jewish community in a silent protest against violence, intolerance, and racism.  Police investigated the case but made no arrests by year’s end.

The U.S. Ambassador, visiting U.S. government officials, and other embassy and consulate representatives met with officials and representatives from the Ministry of Education, Research, and Religious Affairs, including the secretary general for religious affairs, and officials from the Ministry of Foreign Affairs, including Deputy Minister Markos Bolaris and Special Secretary for Religious and Cultural Diplomacy Efstathios Lianos Liantis.  They discussed the ability of minority religious communities to establish houses of worship, government initiatives affecting both the Muslim minority in Thrace and immigrants, laws against undermining religious belief through coercion or fraud, and government initiatives promoting worldwide interfaith and interreligious dialogue.  U.S. government officials expressed concern about anti-Semitic and anti-Muslim acts and rhetoric, and attacks on Orthodox churches.  On December 28, the Charge d’Affaires sent a letter to Archbishop of Athens and All Greece Ieronymos condemning the December 27 attack on Agios Dionysios Orthodox Church.  Embassy officials also engaged Archbishop of Athens and All Greece Ieronymos and metropolitans, as well as members of the Muslim, Jewish, Catholic, Baha’i, and Jehovah’s Witnesses communities, to promote religious tolerance and encourage interfaith dialogue.  On November 29, a senior embassy official hosted representatives from a range of religious communities and government agencies to discuss legal protections related to religious freedom and challenges faced by various communities.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution recognizes Greek Orthodoxy as the “prevailing religion.”  The constitution states freedom of religious conscience is inviolable and provides for freedom of worship under the protection of the law with some restrictions.  The constitution prohibits “proselytizing,” defined by law as “any direct or indirect attempt to intrude on the religious beliefs of a person of a different religious persuasion with the aim of undermining those beliefs through inducement, fraudulent means, or taking advantage of the other person’s inexperience, trust, need, low intellect, or naivete.”  The constitution prohibits worship that “disturbs public order or offends moral principles.”  It allows prosecutors to seize publications that “offend Christianity” or other “known religions.”  The law prohibits offenses against “religious peace,” including “malicious blasphemy” and “religious insult,” both punishable by prison sentences of up to two years.  Blasphemy cases may be brought before civil and criminal courts.  The constitution enumerates the goals of public education, including “development of religious conscience among citizens.”  Greek Orthodox priests and government-appointed muftis and imams in Thrace receive their salaries from the government.

The constitution states ministers of all known religions are subject to the same state supervision and the same obligations to the state as clergy of the Greek Orthodox Church.  It also states individuals are not exempt from their obligations to the state or from compliance with the law because of their religious convictions.

The Greek Orthodox Church, Jewish community, and Muslim minority of Thrace have long-held status as official religious legal entities.  The Catholic Church, Anglican Church, two evangelical Christian groups, and Ethiopian, Coptic, Armenian Apostolic, and Assyrian Orthodox Churches automatically acquired the status of religious legal entities under a 2014 law.  The same law also allows groups seeking recognition to become “religious legal entities” under civil law.  The recognition process requires filing a request with the civil court, providing documents proving the group has “open rituals and no secret doctrines,” supplying a list of 300 signatory members who do not adhere to other religious groups, demonstrating there is a leader who is legally in the country and is otherwise qualified, and showing their practices do not pose a threat to public order.  Once the civil court recognizes the group, it sends a notification to the Secretariat General for Religions.

A law passed on August 3 requires all religious officials of the Greek Orthodox Church, the muftiates of Thrace, and Jewish communities to register within a year in the electronic database maintained by the Ministry of Education, Research, and Religious Affairs.  Established in 2014, the registry includes clergy and other staff of known religions and religious legal entities, but there was previously no requirement for Greek Orthodox priests, imams in Thrace, and rabbis to register.

With legal status, a religious group may transfer property and administer houses of prayer and worship, private schools, charitable institutions, and other nonprofit entities.  Some religious groups opted to retain their status as civil society nonprofit associations that they acquired through court recognition prior to the 2014 law.  Under this status, religious groups may operate houses of prayer and benefit from real estate property tax exemptions, but they may face administrative and fiscal difficulties in transferring property and in operating private schools, charitable institutions, and other nonprofit entities.

The law allows religious communities without status as legal entities to appear before administrative and civil courts as plaintiffs or defendants.

The law also provides a second method for groups to obtain government recognition; any religious group that has obtained at least one valid permit to operate a place of prayer is considered a “known religion” and thereby acquires legal protection, including a tax exemption for property used for religious purposes.  Membership requirements for house of prayer permits differ from the requirements for religious legal entities.  Local urban planning departments in charge of monitoring and enforcing public health and safety regulations certify that facilities designated to operate as places of worship fulfill the necessary standards.  Once a house of worship receives planning approvals, a religious group must submit a description of its basic principles and rituals and a biography of the religious minister or leader to the Ministry of Education, Research, and Religious Affairs for final approval.  The application for a house of prayer permit requires at least five signatory members of the group.  The leaders of a religious group applying for a house of prayer permit must be Greek citizens, European Union nationals, or legal residents of the country and must possess other professional qualifications, including relevant education and experience.  A separate permit is required for each physical place of worship.

The 1923 Treaty of Lausanne accords the recognized Muslim minority of Thrace the right to maintain mosques and social and charitable organizations (auqafs).  On October 11, parliament passed a law mandating that a local mufti request notarized consent from all parties if the parties wish for the mufti to adjudicate a family matter based on sharia.  Absent this notarized consent from all parties in each dispute, family matters fall under the jurisdiction of civil courts.  A law passed on August 1 requires muftis to retire at the same age – 67 – as other judicial authorities.  This law also provides for the Ministry of Education, Research, and Religious Affairs to assume all operating expenses for the muftiates under the supervision of the Ministry of Finance Directorate General for Fiscal Monitoring.  On December 19, the European Court of Human Rights (ECtHR) ruled Greece violated the ECHR by applying sharia to an inheritance case in 2014 in which a widow lost three-fourths of her inheritance after family members requested a sharia ruling on the matter without her consent.  Under the updated law, the widow could request a review of this case by judicial authorities.  A 1991 law authorizes the government, in consultation with a committee of Muslim leaders, to appoint three muftis in Thrace to 10-year terms of office, with the possibility of extension.  The law also allows a regional official to appoint temporary acting muftis until this committee convenes.  During the year, all three muftiates in Thrace had temporary, acting muftis appointed under the latter procedure.

On July 19, parliament passed legislation reiterating an individual’s right to choose his or her burial and cremation location and mandating the creation of a new type of death certificate to detail this information.  Disciplinary boards may fine employees of registries, medical doctors, forensic doctors, midwives, or employees in cremation facilities who do not comply with the law.  The law protects an individual’s right to predetermine his or her form of funeral service and burial location in the presence of a notary.  Individuals may designate the location and the method of funeral service under conditions that relate to public order, hygiene, or moral ethics, as well as to designate a person responsible for carrying out funeral preferences.  Private citizens and municipal authorities may apply for permits to operate crematory facilities to benefit those whose religious beliefs do not permit burial.  A presidential decree issued on June 29 standardizes permits for religious buildings, cemeteries, and crematory facilities.

The law allows halal and kosher slaughtering of animals in slaughterhouses but not in private residences or public areas.

All religious groups are subject to taxation on property used for nonreligious purposes.  Property used solely for religious purposes remains exempt from taxation, as well as municipal fees, for groups classified as religious legal entities or “known religions.”

Home schooling is not permitted for children.  The law requires all children to attend nine years of compulsory education in state or private schools and one year of compulsory preschool education in accordance with the official school curriculum.  Religious instruction in primary and secondary schools is included in the curriculum.  School textbooks focus mainly on Greek Orthodox teachings; however, they also include some basic information on some other “known religions.”  Students may be exempted from religious instruction upon request if their parents state the students are not Greek Orthodox believers.  The law provides for optional Islamic religious instruction in public schools in Thrace for the recognized Muslim minority and optional Catholic religious instruction in public schools on the islands of Tinos and Syros, and it includes provisions to make it easier for schools to hire and retain these religious instructors.  The law also allows Muslim students in primary and secondary schools throughout the country to be absent for two days each for Eid al-Fitr and Eid al-Adha.

According to the law, parents may send their children to private religious schools, and private Orthodox, Catholic, and Jewish schools operate in the country.  As per the Lausanne Treaty, the government operates 148 secular Greek-Turkish bilingual schools and two Islamic religious schools in Thrace.  Muslim students in Thrace wishing to study the Quran may attend after-hours religious classes in mosques.

The law establishes an annual 0.5 percent quota for admission of students from the recognized Muslim minority in Thrace to universities, technical institutes, and civil service positions.  Similarly, 2 percent of students entering the national fire brigade school and academy are required to be from the Muslim minority in Thrace.

The law provides for alternative forms of mandatory service for religious conscientious objectors in lieu of the nine-month mandatory military service for men.  Conscientious objectors must serve 15 months of alternative service in state hospitals or municipal and public services.

The law prohibits discrimination and criminalizes hate speech on the grounds of religion.  Individuals or legal entities convicted of incitement to violence, discrimination, or hatred based on religion, among other factors, may be sentenced to prison terms of between three months and three years and fined 5,000 to 20,000 euros ($5,700 to $22,900).  Violators convicted of other crimes motivated by religion may be sentenced to an additional six months to three years, with fines doubled.  The law criminalizes approval, trivialization, or malicious denial of the Holocaust and “crimes of Nazism” if that behavior leads to incitement of violence or hatred, or has a threatening or abusive nature towards groups of individuals.  The National Council against Racism and Xenophobia, an advisory body under the Ministry of Justice, Transparency, and Human Rights, is responsible for preventing, combating, monitoring, and recording racism and intolerance and for protecting individuals and groups targeted on several grounds, including religion.  The National Commission for Human Rights, which comprises governmental and nongovernmental organization (NGO) members, serves as an independent advisory body to the government on all human rights issues.

The law requires all civil servants, including cabinet and parliament members, to take an oath before entering office; individuals are free to take a religious or secular oath in accordance with their beliefs.  Witnesses in trials must also take oaths before testifying in court and choose between a religious and a secular oath in both civil and criminal cases.

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

Hungary

Executive Summary

The Fundamental Law (constitution) provides for freedom of religion, including freedom to choose, change, or manifest religion or belief, cites “the role of Christianity” in “preserving nationhood,” and values “various religious traditions.”  It prohibits religious discrimination and speech violating the dignity of any religious community and stipulates the autonomy of religious communities.  In December parliament amended the law that had stripped hundreds of religious entities of their legal status.  The amendment enters into force in April 2019; it establishes a four-tier system of churches and makes them eligible for donations from income tax and state funding.  In May the Supreme Court ruled a 2017 government raid on the Church of Scientology (COS) headquarters was lawful; the government continued its criminal investigation of the COS.  Jewish groups expressed concern that the House of Fates museum, which the government said it would open in 2019, would obscure the country’s role in the Holocaust.  There were reports of senior government officials and politicians using anti-Muslim and anti-Semitic speech.  Jewish groups expressed concern about praise by Prime Minister (PM) Viktor Orban and other government officials for World War II (WWII)-era anti-Semites and Hitler allies and public messaging they said could incite anti-Semitism.  PM Orban reiterated “zero tolerance for anti-Semitism.”

There were reports of anti-Muslim and anti-Semitic incidents, including assaults.  Muslim leaders said anti-Muslim incidents were at approximately the same level as in 2017.  The Action and Protection Foundation (TEV) a nongovernmental organization (NGO), recorded 32 anti-Semitic crimes, including three assaults, compared with 37 in 2017.  A business magazine’s picture of an article about a prominent Jewish leader was condemned as anti-Semitic.  A Jewish news outlet poll said two-thirds of Jews believed anti-Semitism in the country was a serious problem; 48 percent reported hearing anti-Semitic remarks in the preceding year.  An Ipsos Mori poll reported 51 percent of residents believed a Muslim could never be a “true Hungarian.”

U.S. embassy and visiting U.S. government officials met with the Office of the Prime Minister (PMO), the Ministry of Foreign Affairs, and the Ministry of Human Capacities (MHC) to discuss religious freedom, Holocaust commemoration, and heirless property restitution, and to urge the government to amend the religion law.  U.S. officials expressed concern about government officials’ anti-Muslim rhetoric and the COS investigation.  Embassy officials met a range of religious groups to discuss issues affecting them.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The Fundamental Law, the country’s constitution, provides for freedom of conscience and religion, including freedom to choose or change religion or belief, and freedom – alone or in community with others and in public or in private – to manifest religion or belief through religious acts or ceremonies, or in any other way, in worshipping, practice, and observance.  It prohibits religious discrimination as well as speech “aimed at violating the dignity” of any religious community.

The constitution’s preamble states, “We recognize the role of Christianity” in preserving the nation and “value the various religious traditions” in the country.  The constitution stipulates separation between religious communities and the state, as well as the autonomy of religious groups.  According to the constitution, the state may, at the request of religious communities, cooperate with them on community goals.

In an administrative reorganization following parliamentary elections in April, the government transferred most responsibilities for religious affairs from the MHC to the PMO.

In the system valid through the end of the year, religious organizations could acquire incorporated church status through an application submitted to the office responsible for religious affairs in the PMO and, if found eligible, by a subsequent two-thirds vote of parliament.  The religious group was then by law entered onto a list of incorporated churches.  The PMO ha 60 days following the initial application to assess whether the group fulfills all the administrative criteria, which included a variety of documentation and qualification requirements.  To qualify for incorporated church status, a religious group must have existed as a religious organization in the country for 20 years, in which case it must have had a membership of 0.1 percent of the total population (approximately 10,000 persons) or been registered as a religious organization and have existed for at least 100 years internationally, in which case its foreign affiliation must have been certified by at least two other churches of “similar doctrine” recognized in foreign countries.  Its activities must not have conflicted with the constitution or other laws or violate the rights and freedoms of other communities.  A group must also have proven its primary purpose was to conduct religious activity; have a formal statement of faith and rites, bylaws and internal rules, and elected or appointed administrative and representative bodies; and officially declared its activities were not in violation of the laws or the freedom of others.  The PMO was obligated to consult with a qualified lawyer, historian of religions, scholar of religions, or sociologist with an academic degree prior to issuing its decision.  Applicants could appeal the PMO’s decision to the Budapest Public Administration and Labor Court and, ultimately, to the Curia, the country’s highest judicial authority.

Following a favorable PMO decision on the applicant’s eligibility, the PMO submitted the application to parliament’s Judiciary Committee, which had 60 days to invite the applicant to a public hearing and to submit an assessment to parliament on the group’s compliance with additional criteria.  These criteria included an assessment that the group poses no threat to national security (provided by parliament’s National Security Committee), that it did not violate the right to physical and mental health or the protection of life and human dignity, and that the group was suitable for long-term cooperation with the state in promoting community goals based on its founding documents, number of members, network of institutions providing public services, and access by larger societal groups to such services.

Approval of a request for incorporated church status required a two-thirds majority vote by parliament, to take place within 60 days of a motion by parliament’s Judiciary Committee.  If a religious group received such parliamentary approval, the state was required to grant specific licenses to the group to support its participation in tasks to achieve community goals.  If parliament rejected the application, a detailed explanation was required, and the applicant could challenge parliament’s decision in the Constitutional Court within 15 days.  The law did not prescribe any consequences if parliament did not act within the 60-day period, nor was there opportunity for appealing parliamentary inaction.

A 2011 law on religion automatically deregistered more than 300 religious groups and organizations that had had incorporated church status.  Those organizations must reapply if they wish to regain incorporated church status.  Their applications are also subject to the approval of a two-thirds majority of parliament.

The 2011 law listed 27 incorporated churches, including the Catholic Church, a variety of Protestant denominations, a range of Orthodox Christian groups, other Christian denominations such as The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, the Salvation Army, three Jewish groups, and the Hungarian Society for Krishna Consciousness, the sole registered Hindu organization.  The list also includes Buddhist and Muslim umbrella organizations, each encompassing a few individual groups, bringing the total number on the registered list of incorporated churches to 32.

Incorporated churches have certain privileges not available to religious organizations, such as greater access to state funding and exemption from state oversight of their financial operations connected to religious activities.  Incorporated churches and their associated institutions (classified as “internal religious legal entities”) that provide public services, such as healthcare, education, or other social services, are automatically eligible for full state subsidies (a subsidy based on the number of persons receiving services coupled with a supplementary subsidy) for all their public service activities.  Religious organizations may take over or establish public service institutions and receive a per capita state subsidy to cover the wages of the staff employed by these institutions.  They may also apply for additional funding from an additional budgetary allocation.

The law authorized the Budapest Metropolitan Court to register a group as a religious organization if it had at least 10 founding individual members whose primary objective was to conduct religious activities that do not violate the constitution, other laws, or the rights and freedom of other communities.  The organization’s membership could consist only of individuals; no “legal persons” such as corporations or other associations could be members.  The court was required to approve applications meeting all of these criteria.  Applicants had to submit the name and address of the organization, names and addresses of founding members, identifying information on the group’s legal representative and the term of his or her appointment, the founding documents of the group, and a statement that the primary objective of the organization was to conduct religious activities.  If the court rejected an organization’s application, the decision was subject to appeal to the Budapest Metropolitan Court of Appeals.

By law taxpayers may allocate 1 percent of their personal income taxes to an NGO, including one affiliated with a religious organization or incorporated church, and could allocate an additional 1 percent to an incorporated church (but not to any other religious organization or NGO).  The government matched the 1 percent funds that only incorporated churches were eligible to receive.

Both incorporated churches and NGOs affiliated with religious organizations were free to use taxpayer donations as they wished.  Only officials of incorporated churches were exempt from personal income tax under certain conditions.  Both religious organizations and incorporated churches were prohibited from purchasing agricultural land.  Incorporated churches, but not religious organizations, could acquire new agricultural land as a gift or an inheritance.  Agricultural land (as opposed to other land holdings) owned by a religious group deregistered in 2011 could be retained by the religious organization that is the deregistered group’s legal successor.

If incorporated churches or religious organizations cease to exist (e.g., by dissolving themselves) and have no legal successor, their assets become state property that must be used to finance public services.  This may also occur if, upon the initiative of the government, the Constitutional Court issues an opinion that the activity of the incorporated church violates the constitution, and parliament confirms the decision by a two-thirds majority vote.  The Constitutional Court also issues opinions upon the request of the Budapest Metropolitan Court on whether a religious organization is in violation of the constitution.

Every registered (but not unregistered) religious community may use the word “church” in its official name regardless of whether it is officially recognized by parliament as an “incorporated church.”  Officials from both incorporated churches and registered religious organizations not recognized by parliament (but not unregistered religious groups) are not obligated to disclose information shared with them in the course of their faith-related service, such as during rites of confession.  Unregistered religious groups, since they lack legal status, may not purchase property in their name.  The Hungarian Civil Liberties Union (HCLU) reports that unregistered religious organizations enjoy protection for faith-related services.

On December 12, parliament enacted an amendment to the 2011 religion law, scheduled to enter into force on April 15, 2019, that will extend the existing two-tier system of “incorporated churches” and “religious organizations” into a four-tier system of registered religious entities, consisting of “incorporated churches,” “registered churches,” “listed churches,” and “religious associations.”  The categories will be applicable to any religious group, not just Christian organizations.  All four categories under the new law will have “legal personality,” giving them legal rights such as the right to own property.  The amendment will eliminate the restriction that taxpayers may donate 1 percent of their tax liability only to incorporated churches and allows donations to all religious entities with legal personality.  The amendment will also allow the government to negotiate individual agreements with all four categories of religious entities to fund their social service activities.  The duration of these agreements will depend on the type of church status, ranging from a five-year maximum for religious associations to unlimited duration for incorporated churches.  With the exception of religious associations, religious groups falling under one of these categories will be required to publish these agreements and publicly account for social service spending.

Under the new system, all currently incorporated churches will retain their status in the new system, and incorporation of new churches will still require a two-thirds approval by parliament.  The Budapest-Capital Regional Court will rule on registration applications for the other three tiers.  Religious association status will require a church to have at least 10 members.  Listed church status will require that the church receive tax donations from 1,000 individuals on average over three years and have operated as a religious association for at least five years in the country or for at least 100 years internationally.  Registered church status will require that the church receive tax donations from 4,000 individuals on average over five years and have operated as a religious association for at least 20 years in the country or at least 100 years internationally.  Churches that agree they will not seek government or EU funding for their religious activities will be able to qualify as listed or registered churches without receiving individual donations.  A religious entity will not be allowed to apply for any of the three categories if it is a criminal defendant, has been convicted of a crime during the previous five years, is under sanction for “repeated violation of accounting and management rules,” or is considered a national security threat.

Religious entities that do not register will still be able to function and conduct worship, and the amendment specifies constitutional protections for freedom of religion apply to them as well as to those with legal personality.

By law, no state office may determine or supervise a registered religious community’s faith-based activities.  Their doctrines, internal regulations, and statutes are not subject to state review, modification, or enforcement.  Their names, symbols, and rites are protected by copyright law, while buildings and cemeteries are protected by criminal law.  Unregistered groups, according to HCLU, enjoy copyright and at least some other protections, but the law is unclear about the extent of those other protections.

The constitution establishes a unified system for the Office of the Commissioner for Fundamental Rights (ombudsman).  The ombudsman investigates cases related to violations of fundamental rights – including religious freedom – and initiates general or specific measures for their remedy.  These measures do not have the force of law.

Treaties with the Holy See regulate relations between the state and the Catholic Church, including financing of public services and religious activities and settling claims for property seized by the state during the Communist era.  These treaties serve as a model for regulating state relations with other religious groups, although there are some differences in the rights and privileges the state accords to each of the religious groups with which it has agreements.  The state has also concluded formal agreements with the Hungarian Reformed Church, Hungarian Lutheran Church, Federation of Jewish Communities in Hungary (Mazsihisz), and four Orthodox churches.

Military and law enforcement personnel may freely practice their religion in private and also at their workplaces if their religious practice does not violate their mandatory service duties.  The Catholic Church, Reformed Church, Lutheran Church, and Jewish congregations receive automatic authorization to provide chaplain services to the military.  Other incorporated churches and religious organizations must seek permission.

Penitentiaries generally allow inmates free practice of religion and provide them with special diets, such as kosher, vegetarian, and pork-free meals.  All incorporated churches and religious organizations must seek permission to offer pastoral services in prisons.  Rejection of access requests may be appealed to the National Prison Service, the prosecutor’s office, or the ombudsman.  Detainees have the right to participate in communal religious services three times a week and to contact without supervision representatives of incorporated churches or religious organizations having permission to access the facility.  Detainees in special security regimes may only receive individual spiritual care and are excluded from community spiritual programs.  In the case of pretrial detainees, during the course of the criminal investigation, a public prosecutor or judge may restrict personal interaction with a religious representative but not participation in communal religious services.

Incorporated churches receive automatic authorization to provide pastoral services in hospitals, while religious organizations must seek permission.

One-hour-per-week faith-and-ethics or ethics-only education is mandatory through the first eight grades of public school.  Students and their parents choose between the faith-and-ethics class provided by an incorporated church of their choice or a generic ethics course taught by public school teachers.  Religious groups are entitled to provide their own teachers, prepare their own textbooks, and determine curricula for their faith-and-ethics classes.  Private schools are not required to introduce faith-and-ethics or ethics classes.  Unincorporated religious organizations are not entitled to provide religious education as part of the mandatory curricula in public schools, but they may offer extracurricular, optional religious education in public schools if requested by students or parents.

Incorporated churches and religious organizations have the right to open their own schools.  For incorporated churches and religious organizations operating their own schools, the state provides a subsidy, based on the number of students enrolled, for employee wages, but only incorporated churches automatically receive a supplementary subsidy for the schools’ operating expenses.  According to the law, religious organizations may apply to the MHC for a supplementary operational subsidy covering approximately 30 percent of their total costs for schools, and the MHC decides on a case-by-case basis whether to grant it.

The law also affords incorporated churches and religious organizations the right to assume operation of public schools through a formal agreement with the PMO.  In these cases, the government continues to fund the schools.  Religious communities, school teachers, the affected parents, or the operator of the school may initiate such transfers, but only if the designated religious community is able to collect the signatures of more than 50 percent of the parents and adult students enrolled at the school.  Whether newly established or converted from public status, religious schools are free to conduct their own religious teaching without government input and to make faith education mandatory and not substitutable with an ethics class.  The government inspects both religious and public schools every two years to ensure they conform to government standards.

The constitution prohibits speech that violates the dignity of any religious community.  The law includes a prohibition of “calling for violence” – in addition to inciting hatred – against a religious community or its members, punishable by up to three years’ imprisonment.  The law provides a maximum punishment of three years in prison for impeding someone else through violence or threats from freely exercising his or her religion.  Abusing an individual because of his or her religious affiliation is punishable by up to three years in prison.

Physical assault motivated by the victim’s actual or suspected religious affiliation is a felony punishable by one to five years in prison.  Violence against a member of the clergy is classified as violence against an “individual providing public service” and is similarly punished with a prison sentence of one to five years.  Any person who engages in preparation for the use of force against any member of a religious community is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

The law prohibits public denial, expression of doubt, or minimization of the Holocaust, genocide, and other crimes against humanity committed by the National Socialist or Communist regimes, punishing such offenses with a maximum sentence of three years in prison.  The criminal code makes wearing, exhibiting, or promoting in public the swastika, the logo of the Nazi SS, or the arrow cross in a way that harms the human dignity or the memory of victims a misdemeanor, punishable by detention for a period ranging from five to 90 days.

The law provides for the lifting of official immunity of a member of parliament (MP) who incites hatred against religious communities or publicly denies crimes of the Communist or National Socialist regimes.  No MP has been the subject of such a proceeding.

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

Ireland

Executive Summary

The constitution guarantees freedom of religion and prohibits discrimination on the grounds of religion.  In an October 26 constitutional referendum, 65 percent of voters approved the removal of blasphemy as a punishable offense from the constitution, paving the way for it to be formally removed as a legal offense in 2019 pending legislation from parliament.  Some parents of children not belonging to the denomination of a religious school, usually Catholic, could not enroll their children in oversubscribed schools.  The government continued to encourage patrons to open more schools with nonreligious or multidenominational patronage.  Prime Minister Leo Varadkar participated in the national Holocaust Day Memorial commemoration and in his remarks emphasized the importance of Holocaust education to prevent such horrors happening again.

Nongovernmental organizations (NGOs) continued to lobby for more stringent hate crime legislation, including for incidents motivated by religion, and to ensure prejudice would be taken into account as an aggravating factor in sentencing criminals.

U.S. embassy officials discussed issues of discrimination and integration of religious minorities into the community with members of the Department of Foreign Affairs and Trade, the Department of Education and Skills, and the national police.  Underscoring the importance of tolerance, diversity, and religious freedom, embassy officials met with religious groups and NGOs to discuss their concerns.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees the free profession and practice of religion, subject to public order and morality.  The constitution references “the Most Holy Trinity” and “our divine Lord, Jesus Christ,” and stipulates the state shall hold the name of God in reverence and honor and respect religion.  It prohibits discrimination on the grounds of religion or belief and guarantees not to endow any religion.  The constitution stipulates every religious denomination has the right to manage its own affairs, own and acquire property, and maintain institutions for religious or charitable purposes.  It states legislation providing for government aid to schools shall not discriminate among schools under the management of different religious denominations nor affect the right of a child to attend any school receiving public money without attending religious instruction at that school.

The law makes blasphemy a punishable offense, although the government last prosecuted such a case in 1855.  The law defines blasphemy as uttering or publishing language “grossly abusive or insulting in relation to matters held sacred by any religion,” when the intent and result are “outrage among a substantial number of the adherents of that religion.”  Violations are punishable by a fine of up to 25,000 euros ($28,700).  In an October 26 constitutional referendum, 65 percent of voters approved the removal of blasphemy as a punishable offense from the constitution, paving the way for it to be formally removed as a legal offense in 2019 pending legislation from parliament.  The blasphemy law remains in effect until legislation proposed by parliament is signed into law.

The law forbids incitement to hatred based on race, religion, nationality, or sexual orientation and carries a maximum penalty of up to two years’ imprisonment and a maximum fine of 25,400 euros ($29,100).  The law does not address or define hate crimes other than incitement.

There is no legal requirement for religious groups to register with the government, nor is there any formal mechanism for government recognition of a religious group.  Religious groups may apply to the Revenue Commissioners (the tax authority) and register as a charity or an NGO to receive tax exemptions.  To qualify, groups must operate exclusively for charitable purposes.  Constituted organizations that operate for exclusively charitable purposes and provide a clear public benefit may register as charities.  The law requires all charitable organizations carrying out activities in the country to register with and to provide certain information relating to their organization to the Charities Regulator, a government-appointed independent authority.  The Regulator maintains a public register of charitable organizations and ensures their compliance with the law.  Organizations must apply their income and property solely toward the promotion of their main charitable object, as set out in their governing instruments (such as constitution, memorandum and articles of association, deed of trust, or rules).

Under the constitution, the Department of Education and Skills provides funding to “national” schools, which are privately owned and managed and where most children receive their primary school education.  The government pays most of the building and administrative costs, teachers’ salaries, and a set amount per pupil.  In funding schools, the constitution stipulates the state shall have due regard “for the rights of parents, especially in the matter of religious and moral formation.”

Almost all primary schools and approximately half of secondary schools (vocational schools are state run and nonreligious) are religiously affiliated.  At the primary level, 90 percent of all schools are Catholic, 6 percent Church of Ireland, 2 percent multidenominational, 1 percent other religious groups, and 1 percent not religiously affiliated.  Patrons, who are usually members of the religious groups and affiliated with religious organizations with which the school is affiliated, manage the schools themselves or appoint a board of management to do so.  Patrons often provide land for schools and contribute to building and administrative costs.  The law permits schools with a religious patron to use religion as a basis for admissions, even if it is not oversubscribed.

The government permits, but does not require, religious instruction, faith-based classes, or general religion classes in “national” schools.  Although religious instruction is part of the curriculum of most schools, parents may exempt their children from such instruction.  Religious schools teach about their religion, while multidenominational schools generally teach about religion in a broader context.  Students may opt out and sit in another classroom.  The government funds salaries for those teachers who teach religion classes in “national” schools.

The Workplace Relations Commission (WRC), an independent statutory body, hears cases of reported workplace discrimination, including claims based on religion.  The WRC may refer cases for mediation, investigate these cases, or decide the case itself.  If the adjudication officer finds there has been discrimination, he or she can order compensation for the effects of discrimination and/or corrective action.  Litigants may appeal WRC decisions in the courts.

The Irish Human Rights and Equality Commission is an independent public body accountable to parliament, whose stated purpose is to protect and promote human rights and equality and to build a culture of respect for human rights, including religious freedom.  The commission works at the policy level to review the effectiveness of human rights and equality law, as well as public policy and practice.  It also works with communities, including religious groups, and other civil society groups to monitor and report on the public’s experiences of human rights, religious freedom, and equality.

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

Italy

Executive Summary

The constitution protects freedom of religion and the right of religious communities to establish their own institutions.  The constitution specifies the state and the Catholic Church are independent, their relations governed by treaties, including a concordat granting the Church a number of privileges and benefits and financial support.  Twelve other groups have accords granting most of the same benefits in exchange for a degree of government monitoring.  Religious groups must register to request an accord.  Unregistered religious groups operate freely but are not eligible for the same benefits as groups with accords or must apply for them separately.  The government did not submit any new accords to parliament for approval despite reports it had negotiated several accords with religious groups in the previous year.  The Muslim community, which did not have an accord, continued to experience difficulties in acquiring permission from local governments to construct mosques or keep them open; there were approximately 800 unofficial Muslim places of worship.  Politicians from several political parties, including leader of the League (Lega) Party Matteo Salvini, who in June became deputy prime minister and minister of interior, made statements critical of Islam and against the construction of new mosques.  As chair of the Organization for Security and Cooperation in Europe (OSCE), the country hosted several events promoting religious tolerance.

There were reports of anti-Semitic and anti-Muslim incidents, including harassment, discrimination, hate speech, and vandalism.  A Jewish nongovernmental organization (NGO) reported 185 anti-Semitic incidents, most involving hate speech on social media, compared with 130 in 2017.  A local Arab NGO reported a 35 percent increase in incidents against Muslims in schools, hospitals, and on public transport in 2017 compared to the previous year.  In April a pig’s head was left in front of a building in Reggio Emilia Province that Muslims planned to convert into a place of worship.  The press reported examples of anti-Semitic graffiti and posters in major cities and elsewhere.  Jewish leaders called for greater vigilance against anti-Semitism.

Representatives from the U.S. embassy and consulates general met with national and local government officials to encourage respect for religious freedom and equal treatment for all faiths and discussed the integration of new migrants, many of whom were Muslim, Orthodox, or Hindu, and of second-generation Muslims.  Embassy, consulate, and Department of State representatives met with religious leaders and civil society to promote interfaith dialogue and awareness, social inclusion of immigrants, and the empowerment of faith groups through social media and the mobilization of youth leaders among faith groups.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states all citizens are equal before the law regardless of religion and are free to profess their beliefs in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided they are not offensive to public morality.  According to the constitution, each religious community has the right to establish its own institutions according to its own statutes as long as these do not conflict with the law.  The constitution stipulates the state may not impose special limitations or taxes on the establishment or activities of groups because of their religious nature or aims.  The constitution specifies the state and the Catholic Church are independent of each other, and their relations are governed by treaties, which include a concordat between the government and the Holy See.

The law considers insults against any divinity to be blasphemy, a crime punishable by a fine ranging from 51 to 309 euros ($58-$350).  The government generally does not enforce the law against blasphemy.

The constitution states all religious groups are equally free and relations between the state and non-Catholic groups are governed by law based on agreements (“accords”) between them.  Representatives of a non-Catholic faith requesting an accord must first submit their request to the Office of the Prime Minister.  The government and the group’s representatives then negotiate a draft agreement, which the Council of Ministers must approve.  The prime minister then signs and submits the agreement to parliament for final approval.  Once parliament approves the implementing legislation, the accord governs the relationship between the government and the religious group, including state support.  Twelve groups have an accord:  the Confederation of Methodist and Waldensian Churches, Seventh-day Adventists, Assemblies of God, Jews, Baptists, Lutherans, the Church of Jesus Christ, the Orthodox Church of the Constantinople Patriarchate, the Italian Apostolic Church, the Buddhist Union, Soka Gakkai Buddhists, and Hindus.

The law provides religious groups with tax-exempt status and the right to recognition as legal entities, as long as they have completed a registration process with the MOI.  Legal registration is a prerequisite for any group seeking an accord with the government.  A religious group may apply for registration by submitting to a prefect, the local representative of the MOI, a request including the group’s statutes; a report on its goals and activities; information on its administrative offices; a three-year budget; certification of its credit status by a bank; and certification of the Italian citizenship or legal residency of its head.  To be approved, a group’s statutes must not conflict with the law.  If approved, the group must submit to MOI monitoring, including of their budgets and internal organization.  The MOI may appoint a commissioner to administer the group if it identifies irregularities in its activities.  Religious groups that are not registered may still operate legally as NGOs and obtain tax-exempt status, legal recognition of marriages, access to hospitals and prisons, and other benefits, but having an accord with the government facilitates the process.  The Catholic Church is the only legally recognized group exempted from MOI monitoring, in accordance with the concordat between the government and the Holy See.

An accord grants clergy automatic access to state hospitals, prisons, and military barracks; allows for civil registry of religious marriages; facilitates special religious practices regarding funerals; and exempts students from school attendance on religious holidays.  Any religious group without an accord may request these benefits from the MOI on a case-by-case basis.  An accord also allows a religious group to receive funds collected by the state through a voluntary 0.8 percent set-aside on taxpayer returns.  Taxpayers may specify to which eligible religious group they would like to direct these funds.  The government set aside 1.23 billion euros ($1.41 billion) via this mechanism during the year, of which more than 81 percent went to the Catholic Church.

Veneto regional legislation prohibits the use of burqas and niqabs in public institutions such as hospitals.

The concordat provides for the Catholic Church to select teachers, paid by the state, to provide instruction in weekly “hour of religion” courses taught in public schools.  The courses are optional, and students who do not wish to attend may study other subjects or, in certain cases, leave school early with parental consent.  Church-selected instructors are lay or religious, and the instruction includes material determined by the state and relevant to non-Catholic religious groups.  Government funding is available only for these Catholic Church-approved teachers.  If a student requests a religion class from a non-Catholic religious group, that group must provide the teacher and cover the cost of instruction; it is not required to seek government approval for the content of the class.  Some local laws provide scholarship funding for students to attend private, religiously affiliated schools, usually but not always Catholic, that meet government educational standards.

According to law, hate speech, including instances motivated by religious hatred, are punishable by up to four years in prison.  The law applies to denial of genocide or crimes against humanity.

All missionaries and other foreign religious workers from countries that are not European Union members or signatories to the Schengen Agreement must apply for special religious activity visas before arriving in the country.

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

Latvia

Executive Summary

The constitution provides every person the right to “freedom of thought, conscience, and religion,” and specifies the separation of church and state.  By law, eight “traditional” religious groups receive rights and privileges other groups do not.  Three new religious groups registered during the year.  Pursuant to a Supreme Court ruling in April, religious groups registered in the country for less than 10 years no longer had to reregister every year.  The government again did not take any steps to restitute property to victims of Nazi persecution in accordance with the 2009 Terezin Declaration.  Several senior politicians, including the president and prime minister, spoke against anti-Semitism during the year or participated in Holocaust memorial ceremonies.

On March 16, approximately 250 persons, including 10-15 veterans of the Nazi Waffen SS, five members of the All for Latvia Party, and a member of the National Alliance coalition, participated in the annual march for Latvian Legionnaires who fought alongside the Waffen SS against the Soviet Union in World War II (WWII).  Attendance was similar to recent years.  NGO Freedom House said support for the event continued to decline.  Police said they detained two persons protesting the march.  Various groups, including the Simon Wiesenthal Center, Latvian Anti-Nazi Committee, and politicians from the Latvian Russian Union, again condemned the march.  Jewish and Muslim groups again cited instances of anti-Semitic and anti-Muslim hate speech on the internet.

The U.S. embassy engaged with government officials, including representatives from the Ministry of Justice, Ministry of Foreign Affairs (MFA), Office of the Ombudsman, Department of Religious Affairs, and parliamentarians on the importance of restoring expropriated property to the Jewish community, religious tolerance, and Holocaust education.  It also engaged with nongovernmental organization (NGO) MARTA and representatives of various religious groups, including Baptists, the Jewish community, Jehovah’s Witnesses, and Muslims, on the role they could play in promoting religious tolerance and acceptance in the country.  The embassy funded three projects designed to address Holocaust issues.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states everyone has the right to “freedom of thought, conscience, and religion,” and “the church shall be separate from the state.”  It allows restrictions on the expression of religious beliefs in order to protect public safety, welfare, morals, the democratic structure of the state, and others’ rights.  The law gives eight “traditional” religious groups – Lutherans, Catholics, Latvian Orthodox Christians, Old Believers, Baptists, Methodists, Seventh-day Adventists, and Jews – some rights and privileges not given to other religious groups, including the right to teach religion courses in public schools and the right to officiate at marriages without obtaining a civil marriage license from the MOJ.  These eight groups are also the only religious groups represented on the government’s Ecclesiastical Council, an advisory body established by law and chaired by the prime minister that meets on an ad hoc basis to comment and provide recommendations on religious issues.  These recommendations do not carry the force of law.

Separate laws define relations between the state and each of these eight groups.  The rights and activities of other religious groups are covered by one law on religious organizations.

Although the government does not require religious groups to register, the law accords registered religious groups a number of rights and privileges, including legal status to own property and conduct financial transactions, eligibility to apply for funds for religious building restoration, and tax deductions for donors.  Registration also allows religious groups to perform religious activities in hospitals, prisons, and military units and to hold services in public places such as parks or public squares with the agreement of the local government.  The law accords the same rights and privileges to the eight traditional religious groups, which it treats as already registered.

Unregistered groups do not possess legal status and may not own property, conduct financial transactions, or receive tax-free donations.  They may not perform religious activities in hospitals, prisons, or military units, and generally may not hold worship services in public places without special permission.  The law stipulates fines if an unregistered group carries out any of these activities.

The law stipulates that, in order to register as a congregation, a religious group must have at least 20 members aged 18 or older.  Individuals with temporary residency status, such as asylum seekers and foreign diplomatic staff, may count as members for the purpose of registration only during the authorized period of their residency permits.  To apply, religious groups must submit statutes stipulating their aims and tasks; a list of all group members (full name, identification number, and signature); the names of the persons who will represent the religious organization; minutes of the meeting founding the group; confirmation that members voted on and approved the statutes; and a list of members of the audit committee (full name, identification number, and title).  The audit committee is responsible for preparing financial reports on the group and ensuring it adheres to its statutes.  The MOJ determines whether to register a religious group as a congregation.  The ministry may deny an application if it deems registration would threaten human rights, the democratic structure of the state, public safety, welfare, or morals.  Groups denied registration may appeal the decision in court.

Ten or more congregations – totaling at least 200 members – of the same faith or denomination, each with permanent registration status, may form a religious association or church.  Groups with religious association status, or status as a private society or foundation, may establish theological schools and monasteries.  The law does not permit simultaneous registration of more than one religious association of a single faith or denomination, or of more than one religious group with the same or similar name.  For example, the law prevents any association other than the Latvian Orthodox Church from registering with the word “orthodox” in its name.  Other Orthodox groups, such as Old Believers, are registered as separate religious associations.

In April the Constitutional Court ruled that the law requiring religious groups to reregister every year if they had been registered in the country for fewer than 10 years was unconstitutional.

According to the law, all traditional and registered religious organizations are required to submit an annual report to the MOJ by March 1 regarding their activities and goals.  They must also provide other data, including congregation size, number of clergy, number of weddings and other ceremonies performed, and details of group governance and financial status.

The law criminalizes hate speech and the incitement of hatred on the basis of religious affiliation but requires legal proof, determined at trial, of substantial harm for conviction.  Penalties range from community service to up to 10 years of imprisonment.  Committing a crime for religious reasons may also be considered an aggravating factor at trial.

The government funds required religion and ethics classes in public schools in first through third grade.  The school must receive the approval of the parents of at least 10 students in order to hold religion classes in any of the eight traditional groups; if such approval is not obtained or if they prefer not to enroll in religion classes, students take courses on general ethics.  The Center for Educational Content at the Ministry of Education must review the content of the classes to verify they do not violate freedom of conscience.  Starting in fourth grade, religious subjects are incorporated into elective ethics and social science classes.  If there is demand, schools are permitted to teach classes on the history of religion.  Students at state-supported national minority schools may attend classes on a voluntary basis on the religion “characteristic of the national minority.”  Other nontraditional religious groups without their own state-supported minority schools may provide religious education only in private schools.  Religion courses in public schools range from doctrinal instruction by church-approved government-certified instructors (usually at the lower grades), to nondenominational Christian teachings or overviews of major world religions by certified teachers who are proposed by a religious group, and approved by the Ministry of Education (usually at higher grades).

The law establishes an independent ombudsman’s office for human rights.  Its mandate includes helping to resolve cases of religious discrimination through collaboration with authorities.  While it does not have enforcement powers, it can issue recommendations to specific authorities.  Parliament appoints the ombudsman.

The law stipulates foreign missionaries may be issued a residency permit, hold meetings, and proselytize only if a registered domestic religious group invites them to conduct such activities.  Visa regulations require foreign religious workers to present letters of invitation, typically from a religious organization, and either an ordination certificate or evidence of religious education that corresponds to a local bachelor’s degree in theology.  Religious workers from EU or Schengen countries do not require visas.

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

Lithuania

Executive Summary

The constitution provides for freedom of religion, freedom of religious practice, and state recognition of religious organizations, provided they do not contradict the constitution or the law.  The government extends special benefits to nine “traditional” religious groups and more limited benefits to four “recognized” religious groups.  Religious groups must register with the government to gain legal status.  Parliament had not yet considered the recognition application by the indigenous religious group Romuva, following a favorable recommendation by the Ministry of Justice (MOJ), and again did not vote on the recognition application of the United Methodist Church, pending since 2001.  The government allocated funds to begin the conversion of a Soviet-era sports palace built atop a Jewish cemetery into a conference center.  The Lithuanian Jewish Community (LJC) supported the project, but its Vilnius branch and other Jewish groups issued a statement against it and two other projects on former Jewish cemetery sites.  Parliament removed the ombudsman for academic ethics amid allegations of anti-Semitism.  The government again paid 3.62 million euros ($4.15 million) to the Foundation for the Disposal of Good Will Compensation for the Immovable Property of Jewish Religious Communities (Good Will Foundation) as compensation for nationalized Jewish communal property and 1.2 million euros ($1.38 million) to traditional religious groups.  Senior government officials participated and spoke at Holocaust remembrance events.

Some participants at a nationalist march of 1,000 persons in March wore fascist symbols and carried banners of Lithuanian partisans who critics said were Nazi collaborators.  Some participants at another nationalist march of 300 persons in February carried a banner with a picture of a World War II (WWII)-era anti-Semite, Kazys Skirpa.  Anonymous anti-Semitic and anti-Muslim internet postings in response to articles about Jewish or Muslim issues were common; media portals generally removed them.

U.S. embassy officials and the Special Envoy for Holocaust Issues) met with government officials, including a vice chancellor, vice ministers at the Ministries of Foreign Affairs and Culture, members of parliament (MPs), and the head of the LJC to discuss ways to combat intolerance and anti-Semitism and to encourage resolution of remaining issues of compensation for Jewish private property seized during the Nazi and Soviet eras.  Embassy officials discussed Jewish heritage preservation with local government officials.  In September the Ambassador spoke on the importance of religious tolerance in remarks at the Symposium for Diplomats Who Saved Jewish Lives.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates there is no state religion and provides for the right of individuals to choose freely any religion or belief, to profess their religion and perform religious practices, individually or with others, in private or in public, and to practice and teach their beliefs.  It states no one may compel another person (or be compelled) to choose or profess any religion or belief.  The constitution allows limits on the freedom to profess and spread religious beliefs when necessary to protect health, safety, public order, or the fundamental rights and freedoms of others.  It restricts freedom of expression if it incites religious hatred, violence, or discrimination.  It stipulates religious belief may not serve as justification for failing to comply with laws.

Under the constitution, the government may temporarily restrict freedom of expression of religious belief during a period of martial law or a state of emergency, although it has never invoked this right.

The constitution acknowledges the freedom of parents or guardians to oversee the religious and moral education of their children without interference and stipulates public education shall be secular, although schools may provide religious instruction at the request of parents.  The constitution grants recognition to “traditional” religious groups and provides for recognition of other religious groups if they have support in society and their teachings and practices do not conflict with law or public morals.  It states the status of religious groups shall be established by agreement or law, and recognized religious groups shall be free to carry out their activities as long as they are not in conflict with the constitution or laws.

The law defines religious groups as (1) religious communities, (2) religious associations, which comprise at least two religious communities under common leadership, and (3) religious centers, which are higher governing bodies of religious associations.

The law recognizes as “traditional” those religious groups able to trace back their presence in the country at least 300 years.  The law lists nine “traditional” religious groups:  Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical Reformed, Russian Orthodox, Old Believer, Jewish, Sunni Muslim, and Karaite Jewish.  Traditional religious groups may perform marriages that are state-recognized, establish joint private/public schools, provide religious instruction in public schools, and receive annual government subsidies.  Their highest-ranking leaders are eligible to apply for diplomatic passports, and they may provide chaplains for the military, social care institutions, hospitals, and prisons.  The state provides social security and healthcare insurance contributions for clergy, religious workers, and members of monastic orders of the traditional religious groups.  Traditional religious groups are also not required to pay social and health insurance taxes for clergy and most other religious workers and members of monastic orders.

Other religious groups and associations may apply to the MOJ for state recognition if they have been officially registered in the country for at least 25 years.  Parliament votes whether to grant this status upon recommendation from the MOJ.  The Evangelical Baptist Union of Lithuania, the Seventh-day Adventist Church, the Pentecostal Evangelical Belief Christian Union, and the New Apostolic Church of Lithuania are the only state-recognized nontraditional religious groups.

Recognition entitles nontraditional religious groups to perform marriages and provide religious instruction in public schools.  Unlike traditional groups, however, they are not eligible for annual subsidies from the state budget.  The law provides recognized nontraditional religious groups with legal entity status, but they do not qualify for certain social security and healthcare contributions by the state.

The MOJ handles official registration of religious communities, associations, and centers.  Groups wishing to register must submit an application and supporting documentation to the MOJ, including their bylaws describing their religious teachings and governance, minutes of the founding meeting, and a list of the founders, at least 15 of whom must be citizens.  Upon approval of its application, a religious community, association, or center may register as a legal entity with the State Enterprise Center of Registers.  Registration is voluntary for religious communities, associations, and centers affiliated with traditional religious groups and mandatory for nontraditional communities wishing to receive legal status.

Registration of traditional religious communities, associations, and centers is free of charge, while nontraditional communities pay a fee of 32 euros ($37).  Traditional communities also have a simpler registration procedure, needing to submit only an application, decisions of their governing body on the appointment of their leader, and their headquarters address.  The MOJ may refuse to register a religious group if full data are not included in the application; the activities of the group violate human rights or public order; or a group with the same name has already registered.  According to the Center of Registers, there are 1,115 traditional and 194 nontraditional religious communities, associations, and centers officially registered in the register of legal entities.

For nontraditional religious groups, official registration is a prerequisite for opening a bank account, owning property, and acting in a legal or official capacity as a community.  The law allows all registered religious groups to own property for use as prayer houses, homes, and other functions, and permits construction of facilities necessary for religious activities.  All registered groups are eligible for public funds from municipalities for cultural and social projects.

In December 2017, parliament amended the law to exempt all clergy from registered groups from compulsory military service.  Previously, only clergy (and theological students) from traditional religious groups were exempt from military service.  In the event of a conflict, clergy would be called to serve as chaplains in the military.

Unregistered communities have no legal status, but the constitution allows them to conduct worship services and seek new members.

The Interministerial Commission to Coordinate Activities of Governmental Institutions that Deal with Issues of Religious, Esoteric, and Spiritual Groups coordinates investigations of religious groups if there is a concern a group’s actions may be inconsistent with what the commission perceives to be “principles that stress respect for human freedom of expression and freedom of religion.”

The Journalist Ethics Inspectorate, an independent, government-sponsored organization whose head is appointed by parliament, investigates complaints involving the violation of regulatory laws governing the provision of information to the public, including print media and the internet.  These laws include prohibition of the publication of material that fuels religious hatred.  The inspectorate may levy administrative fines on newspapers or refer cases to the Office of the General Prosecutor.

The Soviet Union nationalized all religious buildings, some of which it redistributed, while others continued to serve religious communities.  For properties belonging to the national government, registered groups could apply to the appropriate ministry for the restitution of, or compensation for, religious property they owned before June 19, 1948.  For former religious properties belonging to municipalities, registered groups applied for restitution or compensation to the appropriate municipality.  Religious communities could also register a claim for property not officially registered under their name but which they used during the Soviet period.  If the ministry or municipality determines the claim is legitimate, it drafts a resolution officially returning the property to its original owner.  The deadline for registered religious groups to submit a claim for religious property restitution was 1997.  The government continues to review cases filed by the 1997 deadline but is not accepting any new claims.  Religious groups may appeal the decisions of the ministry or municipality in court.  Unregistered religious groups could not apply for restitution.

A compensation fund for Jewish-owned communal property nationalized under totalitarian regimes is designed to support Jewish educational, religious, scientific, cultural, and healthcare projects with public benefits.  Pursuant to the law, the government is committed to disbursing 37 million euros ($42.43 million) over the course of the decade ending March 1, 2023.  Funds go to the Good Will Foundation, a public institution governed by national and international Jewish leaders.

The country has no law for the restitution of heirless private property.

The government allocates funds to traditional religious communities for refurbishing houses of prayer, restoring old cemeteries, and preserving cultural heritage sites.  Each traditional religion group receives 3,075 euros ($3,500) every year as a base fund plus a variable component that depends on the number of believers of each community.

The constitution and other law permits and funds religious instruction in public schools for traditional and other state-recognized religious groups.  Most religious instructors are regular state-employed teachers, but some are priests, seminarians, or monks.  Parents must choose either religious instruction or secular ethics classes for their children, but may not opt out of both offerings.  Schools decide which of the traditional religious groups will be represented in their curricula on the basis of requests from parents of children up to age 14, after which students present the requests themselves.

There are 30 private schools established by religious communities, 26 Catholic and four Jewish; students of different religious groups may attend these schools.  All accredited private schools (religious and nonreligious) receive funding from municipalities and the Ministry of Education and Science through a voucher system based on the number of pupils.  Each private school receives 1,099 euros ($1,300) per student.  Beginning with the 2017-18 school year, national minority schools, which include schools established by the Jewish community, receive 20 percent more – 1,318.80 euros ($1,500) – per student than other private schools.  The per-student stipend covers only the program costs of school operation.  Private school operators generally bear responsibility for covering capital outlays; however, per an agreement the government signed with the Holy See, the Ministry of Education and Science funds both the capital and operating costs of private Catholic schools.

The criminal code prohibits incitement of hatred and discrimination based on religion and stipulates fines or up to two years in prison for violations.  The code penalizes interference with religious ceremonies of recognized religious groups with community service, fines, or detention for up to 90 days.  The law does not address interference with or incitement of hatred against unrecognized religious groups.

The Office of the Equal Opportunities (OEO) ombudsperson investigates complaints of discrimination, including those based on religion, directed against state institutions, educational institutions, employers, and product and service sellers and producers.  Parliament appoints the ombudsperson for a period of five years.  The office conducts independent investigations, publishes surveys and independent reports on discrimination, and provides conclusions and recommendations on any discrimination-related issues.  The office also makes proposals to state and municipal institutions and government agencies concerning the improvement of legal acts and priorities of the implementation of equal rights policy.  The OEO ombudsperson does not levy monetary penalties.

The parliamentary ombudsperson often works with the OEO ombudsperson but is a separate entity.  The parliamentary ombudsperson examines the conduct of state authorities in serving the population.  The law governing the parliamentary ombudsperson specifically includes religious discrimination within its purview.  The OEO and parliamentary ombudsperson may investigate complaints, recommend changes in the law or draft legislation to parliamentary committees and ministries, and recommend cases to the prosecutor general’s office for pretrial investigation.

The criminal code prohibits public display of Soviet and Nazi symbols or national anthems.  Violators are subject to fines of 144-289 euros ($170-$330).

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

Luxembourg

Executive Summary

The Constitution guarantees freedom of religion, including the right to practice it in public and manifest religious opinions, and prohibits compulsory participation in religious services or observance of religious groups’ days of rest.  Parliament adopted legislation banning all forms of face coverings, including the burqa, in public buildings and on public transportation; legislation formalizing the dissolution of local Roman Catholic Church councils and the transfer of their assets to municipalities or to a fund of the Catholic Archdiocese of Luxembourg, despite continuing opposition by the councils; and an animal protection law requiring stunning before slaughter except in cases of hunting and fishing.  Members of the Jewish and Muslim communities said the law requiring stunning of animals prior to slaughter conflicted with the expression of their religious beliefs.

The Council of Religious Groups that Signed an Agreement with the State (Conseil des Cultes Conventionnes – CCC), an interfaith council of six religious groups met four times during the year.  The Luxembourg School of Religion and Society (LSRS), a Catholic institution of higher education and research, hosted several conferences and expositions on religious freedom.

U.S. embassy representatives discussed religious freedom issues with government officials at the Ministries of Justice, Foreign Affairs, and State, as well as with leaders and representatives of religious groups, including reactions to the implementation of the laws banning facial coverings and regulating animal slaughter and to the implementation of the law reorganizing the relationship between religious groups and the state.  In November the Ambassador hosted an interfaith Thanksgiving lunch at which he delivered remarks supporting religious freedom and condemning anti-Semitism.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees freedom of religion, including the freedom to practice religion in public and manifest religious opinions, as long as no crime is committed in exercising that freedom.  While the constitution guarantees the right to assemble peacefully without prior authorization, it stipulates that open-air religious or other meetings are subject to regulation by police.  The constitution prohibits compulsory participation in or attendance at church services or observance of religious days of rest and stipulates that a civil marriage ceremony must precede a religious marriage ceremony for the state to recognize it.  The constitution provides for the regulation of relations between religious groups and the state, including the role of the state in appointing and dismissing religious clergy and the publication of documents by religious groups, through conventions between the state and individual religious groups.  These conventions are subject to parliamentary review.

The government has formally approved conventions with six religious groups, which it supports financially based on the number of adherents of each group.  The six groups are the Catholic Church, Greek, Russian, Romanian, and Serbian Orthodox Churches as one community, Anglican Church, Reformed Protestant Church of Luxembourg and Protestant Church of Luxembourg as one community, Jewish community, and Muslim community.  To qualify for a convention with the state, a religious community must be a recognized world religion and establish an official and stable representative body with which the government can interact.  Groups without signed conventions, such as the Baha’i Faith, operate freely but do not receive state funding.

The government funding levels for the six religious groups are specified in each convention:  6.75 million euros ($7.74 million) to the Catholic community; 315,000 euros ($361,000) to the Jewish community; 285,000 euros ($327,000) to the Orthodox community; 450,000 euros ($516,000) to the Protestant community; 450,000 euros ($516,000) to the Muslim community; and 125,000 euros ($143,000) to the Anglican community.  Under the law, newly hired religious workers do not receive government-funded salaries and pensions, but clergy of recognized religious groups hired in 2016 or earlier continue to receive their salaries from the government and are grandfathered into the government-funded pension system.

Under the conventions, government funding to a religious community may be cancelled if the government determines the religious community is not upholding any of the three mutually agreed principles:  respect for human rights, national law, and public order.

On April 26, parliament enacted a law prohibiting covering of the face in certain specific areas, such as official buildings or on public transportation.  The law permits individuals to wear face coverings on the street.  The prohibition applies to all forms of face coverings, including, but not limited to, full-body veils.  Violators are subject to a fine of between 25 and 250 euros ($29 to $290).

Pursuant to an agreement between the government and the Catholic Archdiocese of Luxembourg, parliament adopted a bill on January 17 that dissolved 285 local Catholic Church councils and transferred the assets they had been managing to a common Catholic Church fund under the guardianship of the archdiocese.  The bill included an inventory listing 493 religious buildings as belonging to either the fund or a municipality.  A third category enumerated those religious buildings that municipalities could not decommission without the archdiocese’s prior consent.

On June 27, parliament passed a law requiring the stunning of animals before slaughter, with exceptions for hunting and fishing.  Violators are subject to a fine of between 251 and 200,000 euros ($290 to $229,000) and possible imprisonment between eight days and three years.  The law does not prohibit the sale or importation of halal or kosher meat.

According to law, public schools may not teach religion classes, but students are required to take an ethics course called Life and Society.  The ethics course covers religion, primarily from a historical perspective.

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

Malta

Executive Summary

The constitution provides for freedom of conscience and religious worship and prohibits religious discrimination.  It establishes Roman Catholicism as the state religion and mandates Catholic religious education in state schools, but allows students to opt out of the classes.  In July the government postponed making a decision for six months on a Russian Orthodox application to build a new church.  The government continued to expand its ethics program as an alternative to Catholic instruction in public schools and appointed an education officer specifically for ethics education.

The self-styled nationalist Maltese Patriots Movement advocated a “Christian Europe,” and opposed Islamic teaching in Catholic schools and the existence of unofficial Muslim prayer rooms.  The Catholic Church offered premises for worship to a Russian Orthodox parish while it awaited a government decision on its application to build a new church.

In meetings with government officials at two ministries and with religious leaders, the U.S. Ambassador and other embassy officials discussed religious tolerance and religious groups’ efforts to establish places of worship.  During an iftar for members of the Muslim community and others and attended by two government ministers, the Ambassador stressed the importance of religious tolerance and interfaith dialogue.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates full freedom of conscience and religious worship, subject to restrictions in the interests of public safety, order, morality, health, or protection of the rights and freedoms of others.  It prohibits discriminatory treatment based on creed.  The constitution establishes Catholicism as the state religion and states the Catholic Church has “the duty and the right to teach which principles are right and which are wrong.”

The criminal code prohibits the disturbance of “any function, ceremony, or religious service of any religion tolerated by law,” and carried out by a minister of religion, both in places of worship or in areas accessible to the public.  The penalty for violators is up to six months in prison.  The punishment may increase if the disturbance results in “serious danger.”  If the disturbance involves any act amounting to a threat or violence against a person, punishment is imprisonment for a period of six months to two years.

The criminal code prohibits individuals from wearing “masks or disguises” in public, unless explicitly allowed by law; there is no specific reference – or exception – to coverings worn for religious reasons.  Violations are subject to a reprimand, a fine of 23-1,165 euros ($26-$1,300), or a jail sentence of up to two months.

The government does not require religious groups to be registered.  A religious group has the option to register as a voluntary organization with the Office of the Commissioner for Voluntary Organizations.  To qualify for registration, the organization must be nonprofit, autonomous, and voluntary; provide a resolution letter signed by all its committee or board members requesting registration; provide its authenticated annual accounts and annual report; and pay a 40 euro ($46) registration fee.  The law does not provide registered groups with tax deductions or exemptions but allows them to engage in “public collections” without obtaining any further authorization.  It also makes them eligible to receive grants, sponsorships, and financial aid from the government and the Voluntary Organizations Fund, an entity financed through the government and the European Union.  The minister of education appoints the governing council of the fund, which includes members from voluntary organizations and a government representative.

Religious groups not registered as voluntary organizations with the Office of the Commissioner for Voluntary Organizations do not receive funding from the government or the Voluntary Organizations Fund, and must obtain approval from the commissioner of police to carry out public collections.  Approval is not required for collections from members or congregants.  Groups that do not register as voluntary organizations otherwise have the same legal rights as registered groups.

All registered and unregistered religious groups may own property, including buildings.  Groups using property for a particular purpose, including religious worship, must obtain a permit for that purpose from the Planning Authority.  All religious groups may organize and run private religious schools, and their clergy may perform legally recognized marriages and other religious functions.

The constitution and law make Catholic education compulsory in public schools, although non-Catholic teachers may teach the course.  Students, with parental consent if the student is under the age of 16, may opt out of these classes and instead take an ethics course, if one is available.  If a school does not offer an ethics course, students may still opt out of the religion class.

Students may enroll in private religious schools.  The law does not regulate religious education in private schools.  The law does not allow homeschooling for religious or other reasons except for physical or mental infirmity.

The law allows criticism of religious groups but prohibits incitement of religious hatred; violators are subject to imprisonment for a term of six to 18 months.

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

Poland

Executive Summary

The constitution provides for freedom of religion.  It states religion is a personal choice, and all churches and religious organizations have equal rights.  A concordat with the Holy See defines relations with the Roman Catholic Church.  Statutes and agreements determine relations between the government and 15 religious groups.  The law prohibits public speech offensive to religious sentiment.  The government registered one new religious group and decided 87 religious communal property restitution cases out of 3,240 outstanding cases.  After amending the Institute of National Remembrance (IPN) law to criminalize ascribing Nazi crimes to the Polish state, the government removed the criminalization provisions, while retaining civil penalties for violators.  Governing party parliamentarians, other politicians, and commentators on state television made anti-Semitic statements during the year.  The prime minister and the governing Law and Justice Party (PiS) leader denounced anti-Semitism.  The president participated in several Holocaust remembrance events.  PiS parliamentarians voted down a motion to ask the prime minister to review an appeal to protect Muslims in the country.

The government investigated 328 anti-Muslim and 112 anti-Semitic incidents in 2017, compared with 360 and 160 incidents, respectively, in 2016.  Civil society groups said the figures were not comprehensive.  Several Jewish groups expressed concern over what they called increasing anti-Semitism and threats and said they felt unsafe in the country.  News media, nongovernmental organizations (NGOs), and Jewish groups reported an increase in anti-Semitic speech.  There were incidents of vandalism at Jewish and Roman Catholic sites.

On January 27, the U.S. Secretary of State delivered remarks and laid a wreath at the Warsaw Ghetto Uprising Monument to commemorate the 73rd anniversary of the liberation of the Auschwitz-Birkenau concentration camp.  The U.S. Ambassador, embassy staff, and visiting U.S. government delegations raised concerns with government officials about the IPN law and its potential impact on freedom of speech and academic research related to the Holocaust.  In February the Ambassador released a video on social media expressing concerns about the amended IPN law.  The Ambassador, other embassy staff, and visiting U.S. officials also discussed with government officials and Jewish groups the status of property restitution and anti-Semitism.  On September 14, the Ambassador at Large for International Religious Freedom discussed religious freedom and antidiscrimination issues with government officials and religious leaders.  The embassy and Consulate General in Krakow engaged with Jewish and Muslim leaders on countering anti-Semitism and anti-Muslim sentiment and sponsored exchanges, roundtables, cultural events, and education grants promoting interfaith dialogue and religious tolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience and religion.  It states freedom of religion includes the freedom to profess or to accept a religion by personal choice as well as to manifest that religion, either individually or collectively, publicly or privately, by worshipping, praying, participating in ceremonies, performing rites, or teaching.  It states freedom to express religion may be limited only by law when necessary to defend state security, public order, health, morals, or the rights of others.  The constitution states “churches and other religious organizations shall have equal rights.”  It stipulates the relationship between the state and churches and other religious organizations shall be based on the principle of respect for autonomy and mutual independence.  The constitution specifies that relations with the Roman Catholic Church shall be determined by an international concordat concluded with the Holy See and by statute, and relations with other churches and religious organizations by statutes adopted pursuant to agreements between representatives of these groups and the Council of Ministers.

According to the constitution, freedom of religion also includes the right to own places of worship and to provide religious services.  The constitution stipulates parents have the right to ensure their children receive a moral and religious upbringing and teaching in accordance with their convictions and their own religious and philosophical beliefs.  It states religious organizations may teach their faith in schools if doing so does not infringe on the religious freedom of others.  The constitution acknowledges the right of national and ethnic minorities to establish institutions designed to protect religious identity.  The constitution prohibits parties and other organizations whose programs are based on Nazism or communism.

The criminal code outlaws public speech that offends religious sentiment.  The law prescribes a fine, typically 5,000 zloty ($1,300), or up to two years in prison for violations.

Specific legislation governs the relationship of 15 religious groups with the state, outlining the structure of that relationship and procedures for communal property restitution.  The 15 religious groups are the Roman Catholic Church, Polish Orthodox Church, Evangelical-Augsburg (Lutheran) Church, Evangelical Reformed Church, Methodist Church, Baptist Church, Seventh-day Adventist Church, Polish National Catholic Church, Pentecostal Church, the Union of Jewish Communities in Poland, Mariavite Church, Old Catholic Mariavite Church, Old Eastern Orthodox Church, Muslim Religious Union, and Karaim Religious Union.  Marriages performed by officials from 11 of these groups do not require further registration at a civil registry office; however, the Mariavite Church, Muslim Religious Union, Karaim Religious Union, and Old Eastern Orthodox Church do not have that right.  An additional 166 registered religious groups and five aggregate religious organizations (the Polish Ecumenical Council, Polish Buddhist Union, Biblical Society, Evangelical Alliance, and Council of Protestant Churches) do not have a statutorily defined relationship with the state.

The law provides equal protection to all registered religious groups.  In accordance with the law, the government and the Roman Catholic Church participate in the Joint Government-Episcopate Committee, cochaired by the minister of interior and administration and a bishop, currently the Archbishop of Gdansk, which meets regularly to discuss Catholic Church-state relations.  The government also participates in a joint government-Polish Ecumenical Council committee, cochaired by a Ministry of Interior and Administration (MIA) undersecretary and the head of the Polish Ecumenical Council (an association composed of seven denominations and two religious associations, all of them non-Roman Catholic Christian), which meets to discuss issues related to minority Christian churches operating in the country.

Religious groups not the subject of specific legislation may register with the MIA, but registration is not obligatory.  To register, the law requires a group to submit a notarized application with the personal information of at least 100 citizen members; details about the group’s activities in the country; background on its doctrine and practices; a charter and physical address; identifying information about its leaders; a description of the role of the clergy, if applicable; and information on funding sources and methods of new member recruitment.  If the ministry rejects the registration application, religious groups may appeal to an administrative court.  By law, the permissible grounds for refusal of an application are failure to meet formal requirements or inclusion in the application of provisions that may violate public safety and order, health, public morality, parental authority or freedom, and rights of other persons.  Unregistered groups may worship, proselytize, publish or import religious literature freely, and bring in foreign missionaries, but they have no legal recognition and are unable to undertake certain functions such as owning property or holding bank accounts in their name.  The 186 registered and statutorily recognized religious groups receive other privileges not available to unregistered groups, such as selective tax benefits – they are exempt from import tariffs, property taxes and income tax on their educational, scientific, cultural, and legal activities, and their official representatives are also exempt from income and property taxes – and the right to acquire property and teach religion in schools.

Four commissions oversee communal religious property restitution claims submitted by their respective statutory filing deadlines, one each for the Jewish community, Lutheran Church, and Orthodox Church, and one for all other denominations.  The commissions function in accordance with legislation providing for the restitution to religious communities of property they owned and that was nationalized during or after World War II (WWII).  A separate commission overseeing claims by the Roman Catholic Church completed its work in 2011.  The MIA and the respective religious community each appoint representatives to the commissions.  The law states decisions by the commission ruling on communal property claims may not be appealed, but the Constitutional Tribunal ruled in 2013 that parties could appeal commission decisions in administrative courts.  There have been no reports of parties filing such appeals.  The law does not address communal properties the government sold or turned over to new private owners after WWII.

There is no comprehensive national law governing private property restitution.  Members of religious groups, like other private claimants, may pursue restitution through the courts.

The law authorizes Warsaw city authorities to expeditiously resolve long-standing restitution cases affecting Warsaw properties now being used for public purposes.  Warsaw city officials must post a notification of specific public properties for a six-month period during which original owners of the property must submit their claims.  At the end of the six-month period, Warsaw city authorities may make a final determination on the disposition of the property, either declaring that the property shall remain public and not be subject to any future claims, or returning the property or monetary compensation to the original owner.

In accordance with the law, all public and private schools teach voluntary religion classes.  Schools must provide instruction in any of the registered faiths if there are at least seven students requesting it.  Each registered religious group determines the content of classes in its faith and provides the teachers, who receive salaries from the state.  Students may also request to take an optional ethics class instead of a religion class; the ethics class is optional even if students decline to take a religion class.

Citizens have the right to sue the government for constitutional violations of religious freedom, and the law prohibits discrimination or persecution on the basis of religion or belief.

The constitution recognizes the right to conscientious objection to military service on religious grounds but states such objectors may be required to perform alternative service as specified by law.

The human rights ombudsman is responsible for safeguarding human and civil freedoms and rights, including the freedom of religion and conscience, specified in the constitution and other legal acts.  The ombudsman is independent from the government, and appointed by parliament.

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

Portugal

Executive Summary

The constitution provides for freedom of religion and worship and prohibits discrimination on the basis of religion.  The government, via the High Commission for Migration (ACM), sponsored activities to promote religious tolerance and acceptance, published religious texts, and organized education for teachers and workers interacting with persons of diverse religious backgrounds.  The government granted citizenship during the year to 3,525 descendants of Sephardic Jews expelled during the Inquisition.  President Marcelo Rebelo de Sousa and other senior officials advocated religious tolerance and harmony at public events throughout the year, including during regular visits to churches, mosques, and other places of worship.

In February the European Jewish Congress reported in a newsletter that government officials, whom it did not name, characterized the country as having an almost nonexistent level of public anti-Semitism.  According to a 2017 Pew Research Center survey cited in September, 52 percent of residents of the country believed Muslim women should be free to wear any religious clothing without restriction; 44 percent favored at least some restrictions.  A series of 2015-17 Pew surveys cited in October found 70 percent of non-Muslims would be willing to accept Muslims as members of their family, and 73 percent of non-Jews would be willing to accept Jews as members of their family.

U.S. embassy representatives continued to meet regularly with the independent Commission for Religious Freedom (CLR) and ACM officials and discussed the importance of mutual respect and understanding among religious communities and the integration of immigrants, many of whom belonged to religious minority groups.  The ambassador and other embassy officials met with Christian, Muslim, Jewish, and Orthodox religious leaders, including from the Ismaili Imamat, Jewish Community of Lisbon, and Islamic Center of Bangladesh in Lisbon, to discuss religious tolerance and interfaith collaboration.  The embassy hosted a multimedia theatrical presentation on ways to combat religious intolerance and funded the visit of a Muslim youth leader to the United States to participate in a program on religious freedom and interfaith dialogue.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of religion, including freedom of worship, which may not be violated even if the government declares a state of emergency.  It states no one shall be privileged, prejudiced, persecuted, or deprived of rights or exempted from civic obligations or duties because of religious beliefs or practices.  The constitution states authorities may not question individuals about their religious convictions or observance, except to gather statistical information that does not identify individuals, and in such cases individuals may not be prejudiced by refusal to reply.  Churches and religious communities are independent from the state and have the freedom to determine their own organization and perform their own activities and worship.  The constitution affords each religious community the freedom to teach its religion and use its own media to disseminate public information about its activities.  It bars political parties from using names directly associated with, or symbols that may be confused with those of, religious groups.  The constitution and the law recognize the right to conscientious objection to military service, including on religious grounds; they require conscientious objectors to perform equivalent alternative civilian service.

Religious groups may be organized in a variety of forms that have national, regional, or local character.  A denomination may choose to organize as one national church or religious community or as several regional or local churches or religious communities.  An international church or religious community may set up a representative organization of its adherents separate from the branch of the church or religious community existing in the country.  A registered church or religious community may create subsidiary or affiliated organizations, such as associations, foundations, or federations.

All religious groups with an organized presence in the country may apply for registration with the registrar of religious corporate bodies in the Ministry of Justice (MOJ).  The requirements include:  providing the organization’s official name, which must be distinguishable from all other religious corporate bodies in the country; the organizing documents of the church or religious community associated with the group applying for registration; the address of the organization’s registered main office in the country; a statement of the group’s religious purposes; documentation of the organization’s assets; information on the organization’s formation, composition, rules, and activities; provisions for dissolution of the organization; and the appointment method and powers of the organization’s representatives.  Subsidiary or affiliated organizations included in the parent group’s application are also registered; if not included, they must register separately.  The MOJ may reject a registration application if it fails to meet legal requirements, includes false documentation, or violates constitutional rights of religious freedom.  In the case where the MOJ rejects an application, religious groups may appeal to the CLR within 30 days of receiving the MOJ’s decision.

The CLR is an independent, consultative body to parliament and the government, established by law.  Its members include representatives of various religious groups in the country, such as the Portuguese Episcopal Conference, Evangelical Alliance, Jewish Community of Lisbon, Islamic Community of Lisbon, Hindu Community of Lisbon, and Aga Khan Foundation, as well as laypersons appointed by the MOJ.  The Council of Ministers appoints its president.  The CLR reviews and takes a position on all matters relating to the application of the law on religious freedom, including proposed amendments.  The CLR alerts the competent authorities, including the president, parliament, and others in the government, to cases involving religious freedom and discrimination, such as restrictions or prohibitions on the right to assembly and the holding of religious services; the destruction or desecration of religious property; assaults against members and clergy of religious groups; incitement of religious discord; hate speech; and violations of the rights of foreign missionaries.

The CLR may file formal complaints at the national level with the ombudsman, an official position created by the constitution and supplemental legislation to defend the rights and freedoms of individual citizens, and at the international level with the European Court of Human Rights.  The ombudsman has no legal enforcement power, but he or she is obligated to address complaints and provides an alternative remedy for dispute resolution.

The ACM, an independent government body operating under the guidelines of the Presidency of the Council of Ministers, has a statutory obligation to advocate religious tolerance, including the “promotion of dialogue, innovation, and intercultural and inter-religious education” and “combating all forms of discrimination based on color, nationality, ethnic origin or religion.”

Religious groups may register as religious corporations and receive tax-exempt status.  They also receive the right to minister in prisons, hospitals, and military facilities; provide religious teaching in public schools; participate in broadcasting time on public television and radio; and receive national recognition of religious holidays.  The government certifies religious ministers, who receive all the benefits of the social security system.  According to the law, chaplaincies for military services, prisons, and hospitals are state-funded positions open to all registered religious groups.  A taxpayer may allocate 5 percent of his or her tax payment to any registered religious group.

Religious groups may also register as unincorporated associations or private corporations, and in that form they may receive the same benefits granted to religious corporations.  The process for registering as unincorporated associations or private corporations involves the same procedures as for religious corporations.  There are no practical differences between associations and private corporations; the different categories distinguish the groups’ internal administration.  Unregistered religious groups are not subject to penalties and may practice their religion but do not receive the benefits associated with registration.

By law, religious groups registered in the country for at least 30 years or internationally recognized for 60 years may obtain a higher registration status of “religion settled in the country.”  To show they are established, religions must demonstrate an “organized social presence” for the required length of time.  These groups receive government subsidies based on the number of members they have; may conclude “mutual interest” agreements with the state on issues such as education, culture, or other forms of cooperation; and may celebrate religious marriages that have effect in the state legal system.  The government has mutual interest agreements with Jewish and Islamic religious bodies and a concordat with the Holy See that serves the same function for the Catholic Church.

Public secondary schools offer an optional survey course on world religions taught by lay teachers.  Optional religious instruction is available at government expense if at least 10 students attend the class.  Religious groups are responsible for designing the curriculum of the religious classes and providing and training the teachers, who are lay.  Private schools are required to offer the same curriculum as public schools but may provide instruction in any religion at their expense.  All schools, public and private, are required to accommodate the religious practices of students, including rescheduling tests if necessary.

The law prohibits employers from discriminating against individuals on the basis of religion and requires reasonable accommodation of employees’ religious practices.  According to the labor code, employees are allowed to take leave on their Sabbath and religious holidays, even if these are not nationally observed.

The law provides for the naturalization of Jewish descendants of Sephardic Jews expelled from the country in the 15th and 16th centuries.

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

Romania

Executive Summary

The constitution prohibits restrictions on freedom of conscience and belief, as well as forcing an individual to espouse a religious belief contrary to the individual’s convictions.  It stipulates all religions are independent from the state and have the freedom to organize “in accordance with their own statutes.”  According to law, the state recognizes the “important role” of the Romanian Orthodox Church (ROC) in the history of the country.  The law specifies a three-tiered classification of religious organizations; civil associations wishing to perform religious functions may organize under a separate provision of the law.  The government approved applications for two Christian associations – The “Philadelphia” Roma’s Union of Pentecostal Assemblies and God’s Union of Pentecostal Churches.  There were continued reports of the slow pace of restitution of confiscated properties, especially to the Greek Catholic Church and the Jewish community.  During the year, the government rejected 609 restitution claims for confiscated religious properties and approved 52; it approved no claims for the Greek Catholic Church.  Minority religious groups continued to state that national and local governments gave preference to the ROC, and they reported incidents of discrimination against them.  In July President Klaus Iohannis promulgated a law on countering anti-Semitism that criminalizes the promotion of anti-Semitic ideas and the establishment of anti-Semitic organizations.

Minority religious groups continued to report harassment of their congregations by ROC priests and adherents, along with the blocking of their access to cemeteries.  A study on values shared by middle school and high school teachers reported that approximately one-third of teachers did not want persons belonging to a different religion as neighbors.  There was a case of anti-Semitic vandalism of Holocaust survivor Elie Wiesel’s childhood home in Sighetu Marmatiei.  According to the UN High Commissioner for Refugees (UNHCR), local media outlets depicted largely Muslim refugees as a threat because of their religion.

In meetings with the general secretary of the government, U.S. embassy officials continued to raise concerns about the slow pace of the restitution process and the low number of properties restored to minority religious groups.  Embassy officials facilitated meetings between the World Jewish Restitution Organization (WJRO) and government officials to help speed the processes of property restitution and pensions for Holocaust survivors.  In meetings with President Iohannis, Prime Minister Danila, Bucharest Mayor Firea, and other officials, the embassy continued its support for the Elie Wiesel National Institute for the Study of the Holocaust in Romania (Wiesel Institute) and the U.S. Holocaust Memorial Museum (USHMM) in its efforts to establish a museum of Jewish history.  The Ambassador participated in commemorations of the Holocaust and spoke out against religious intolerance in the country.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits restricting freedom of thought, opinion, conscience, or religious beliefs, as well as forcing individuals to espouse a religious belief contrary to their convictions.  It stipulates all religions are independent from the state and have the freedom to organize “in accordance with their own statutes” under terms defined by the law.  The law specifies the state’s recognition of the “important role of the Romanian Orthodox Church” as well as the role of “other churches and denominations as recognized by the national history” of the country.

The constitution states religious denominations shall be autonomous and enjoy state support, including the facilitation of religious assistance in the army, hospitals, penitentiaries, retirement homes, and orphanages.  The law forbids public authorities or private legal entities from asking individuals to specify their religion, with the exception of the census.

The provisions of the law devoted to religion stipulate a three-tier system of religious classification with “religious denominations” at the highest level, followed by “religious associations,” and “religious groups” at the most basic level.  Organizations in the top two tiers are legal entities, while religious groups are not.  Civil associations established under separate provisions of the law governing associations and foundations may also engage in religious activities and have the status of legal entities.

By law, there are 18 religious organizations recognized as “religious denominations,” all of which were in existence at the time the specific law on religion was enacted in 2006.  They include the ROC, Orthodox Serb Bishopric of Timisoara, Roman Catholic Church, Greek Catholic Church, Old Rite Russian Christian (Orthodox) Church, Reformed (Protestant) Church, Christian Evangelical Church, Romanian Evangelical Church, Evangelical Augustan Church, Evangelical Lutheran Church, Unitarian Church, Baptist Church, Pentecostal Church, Seventh-day Adventist Church, Armenian Apostolic Church, Federation of Jewish Communities, Muslim Denomination (Islam), and Jehovah’s Witnesses.

For additional organizations to obtain recognition as religious denominations, the law specifies they must demonstrate 12 years of continuous activity since the law’s passage, which could not occur before 2018.  A religious association is then eligible to apply for the status of religious denomination if it has a membership of at least 0.1 percent of the population (approximately 21,500 persons).

The law defines a religious association as an organization of at least 300 citizens who share and practice the same faith and that has attained legal status through registration with the Registry of Religious Associations in the office of the clerk of the court where the main branch of the association is located.  To register, religious associations must submit to the government their members’ personal data (e.g., names, addresses, personal identification numbers, and signatures), which the law says the government may not share with other public institutions or use in any other way.  To operate as religious associations, organizations also require approval from the National Secretariat for Religious Denominations, which is under the authority of the Office of the Prime Minister.

The law defines a religious group as a group of individuals sharing the same beliefs.  Religious groups do not have to register to practice their religion and do not need approval from the national secretariat to operate.

Civil associations engaged in religious activities function like secular associations and foundations; however, they do not receive the same benefits as religious denominations or religious associations.  Civil associations may not qualify under the numerical/administrative criteria (300 members) for recognition as religious associations or may choose not to apply for such recognition.  These associations do not require approval from the National Secretariat for Religious Denominations to operate.  Their registration falls under the provisions of law governing the establishment of foundations, associations, and nongovernmental organizations (NGOs), which require a minimum membership of three individuals.  Such civil associations are not required to submit their members’ personal data.

Religious denominations are eligible for state financial and other support.  They have the right to teach religion classes in public schools, receive government funds to build places of worship, partially pay clergy salaries with state funds, broadcast religious programming on radio and television, and apply for broadcasting licenses for their own stations.  Under the law, the amount of state funding a denomination receives is determined by the number of adherents reported in the most recent census, as well as by “the religious denomination’s actual needs.”

Religious associations do not receive government funding, but both they and religious denominations receive tax exemptions on income and buildings used for religious, educational, or other social purposes.  Religious groups do not receive either government funding or tax exemptions.

Both religious denominations and religious associations may own or rent property, publish or import religious literature, proselytize, establish and operate schools or hospitals, own cemeteries, and receive tax exemptions on income and buildings used for religious, educational, or other social purposes.  Religious groups have no legal status to engage in such activities; however, they may practice their religious beliefs, including in public.

Civil associations engaged in religious activities may engage in religious worship.  While they do not receive the same tax exemptions or other benefits granted to religious denominations and religious associations, they may receive the tax advantages and other benefits accruing to civil associations and foundations.

Legal provisions allow local authorities to fund places of worship and theological schools belonging to religious denominations, including providing funding for staff salaries and building maintenance, renovation, and conservation or construction of places of worship.  No similar provisions exist for religious associations or other associations engaged in religious activities; however, these associations may receive funding through legal provisions for civil associations and foundations.

The law entitles all types of religious organizations to bury their deceased members in cemeteries belonging to other religious organizations – with the exception of Jewish and Muslim cemeteries – in localities where they do not have cemeteries of their own and where there is no public cemetery.  Public cemeteries must have separate sections for each religious denomination if requested by the denominations operating in the locality.

The law allows clergy from recognized religious denominations to minister to military personnel.  This includes the possibility of clergy functioning within the Ministry of Defense, Ministry of Interior, Intelligence Service, Foreign Intelligence Service, Protection and Guard Service, Special Telecommunications Service, and General Directorate for Penitentiaries.  Under various other arrangements, clergy of recognized religious denominations, and in some cases religious associations, may enter hospitals, orphanages, and retirement homes to undertake religious activities.  Religious denominations and religious associations may undertake activities in penitentiaries, subject to approval by the director of the detention facility.

The law provides for the restitution of religious properties confiscated between 1940 and 1989, during World War II (WWII) and the ensuing communist regime, as long as the properties are in the possession of the state.

Under the law, if a confiscated property is used “in the public interest,” such as for a school, hospital, or museum, and is returned to its previous owner, the current occupants are allowed to stay in it for 10 years after the restitution decision and pay a capped rent.  The law does not address the general return of properties currently used as places of worship by another religious group.  Although the provisions of the law on restitution state a separate law would be adopted to address such cases, as of year’s end there was no such law.

A separate statute on the reinstatement of the Greek Catholic Church regulates the restitution of properties to the Greek Catholic Church from the ROC.  Restitution decisions are made by a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.”  The Greek Catholic Church may pursue court action if attempts to obtain restitution of its properties through dialogue are unsuccessful.

The law establishes a points system of compensation in cases where in-kind restitution is not possible.  Religious groups may use the points only to bid on other properties in auctions organized by the National Commission for Real Estate Compensation (NCREC).  The NCREC also validates compensation decisions of other local or central authorities, including those of the Special Restitution Commission (SRC), which decides on restitution claims filed by religious denominations and national minorities.  The law establishes a 240-day deadline by which claimants must submit additional evidence in their cases at the specific request of the entity in charge of resolving their restitution claim.  If a claimant does not meet the deadline, the administrative authority may reject the case.  The authority may extend the deadline by an additional 120 days if the claimants prove they made a concerted effort to obtain the evidence, usually in the possession of other state authorities, but were unable to do so.

The law nullifies acts of forced “donations” of Jewish property during WWII and the communist era and lowers the burden of proof for the previous owners or their heirs to obtain restitution.  The law designates the present-day Federation of Jewish Communities of Romania as the legitimate inheritor of forfeited communal Jewish property and accords priority to private claims by Holocaust survivors.  The law does not address heirless or unclaimed property left by Holocaust victims.

By law, religious education in schools is optional.  Each of the 18 legally recognized religious denominations is entitled to offer religion classes, based on its own religious teachings, in schools.  A denomination may offer classes regardless of the number of students adhering to the denomination in a school.  The law allows for exceptions where the right of students to attend religion classes cannot be implemented “for objective reasons,” without specifying what these reasons may be.

Under the law, parents of students under 18 years of age are required to request their children’s participation in religion classes, while students 18 and older may themselves ask to attend religion classes.  Although a student normally takes a school course based on the religious teachings of the denomination to which the student belongs, it is also possible for a student to take a religion course offered by his or her denomination outside the school system and bring a certificate from the denomination to receive academic credit.

Religion teachers are government employees, but each religious denomination approves the appointment and retention of the teachers of its religion classes.

The law forbids religious proselytizing in schools.  If teachers proselytize, the school management decides the punishment based on the conclusions of an internal committee.

The law states the religion of a child who has turned 14 may not be changed without the child’s consent, and from age 16 an individual has the right to choose her/his religion.

The law bans discrimination on religious grounds in all areas of public life.  It also bans religious defamation and stirring conflict on religious grounds, as well as public offenses against religious symbols.  Penalties may include fines varying from 1,000 to 100,000 lei ($250 to $24,600), depending on whether the victim is an individual or a community.

A law that went into effect in July counters anti-Semitism and criminalizes the promotion of anti-Semitic ideas and the establishment of anti-Semitic organizations.  Under this law, anti-Semitism is defined as a perception about Jews expressed in the form of anti-Jewish hatred, as well as speech and physical acts motivated by hatred against Jews that target Jews, non-Jews or their belongings, Jewish community institutions, or Jewish places of worship.  Penalties for publicly promoting anti-Semitic ideas and doctrines or manufacturing and disseminating anti-Semitic symbols range from three months’ to three years’ imprisonment and the loss of certain rights.  Penalties for establishing anti-Semitic organizations range from three to 10 years’ imprisonment and the loss of certain rights.

A law passed in 2015 prohibits the establishment of fascist, Legionnaire, racist, or xenophobic organizations, which it defines in part as groups that promote violence, religiously motivated hatred, or extremist nationalism, the latter term undefined.  Reference to anti-Semitism in the 2015 law was removed following the implementation of an anti-Semitism law in July.  Penalties for establishing such organizations range from three to 10 years’ imprisonment and the loss of certain rights.  Criminal liability is waived if the person involved in establishing such an organization informs authorities before the organization begins its activity; penalties are halved if the individual helps authorities with the criminal investigation.  Legislation also makes manufacturing, selling, distributing, owning with intent to distribute, and using racist, fascist, xenophobic, and Legionnaire symbols illegal.  Penalties range from three months’ to three years’ imprisonment.

Publicly denying the Holocaust, or contesting, approving, justifying, or minimizing it in an “obvious manner” as determined by a judge, is punishable by six months’ to three years’ imprisonment or by a fine, depending on circumstances, of up to 200,000 lei ($49,200).  Publicly promoting the cult of persons convicted of genocide, crimes against humanity, or war crimes may incur fines and prison terms ranging from three months to three years and from six months to five years if done online.  The same penalties apply to publicly promoting anti-Semitic, fascist, Legionnaire, racist, or xenophobic ideas, worldviews, or doctrines.

The law allows religious workers from legally recognized religious organizations to enter and remain in the country under an extended-stay visa.  Visa applicants must receive approval by the State Secretariat for Religious Affairs and submit evidence they represent religious organizations legally established in the country.  The secretariat may extend such visas for up to five years.

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

Slovakia

Executive Summary

The constitution provides for freedom of religious belief and affiliation and states the country is not bound to any particular faith.  Religious groups faced increased registration requirements, including the need to present a petition with signatures of at least 50,000 adherents, up from 20,000 in 2017, which made it more difficult to attain official status.  Some groups utilized registration procedures for civic associations in order to perform economic and public functions.  Unregistered groups continued to report difficulties in ministering to their adherents and obtaining permits to build places of worship.  Members of parliament, from both the government coalition and opposition parties, continued to make anti-Muslim statements.  In January then Prime Minister Robert Fico stated that he rejected the creation of Muslim communities in the country.  The Central Union of Jewish Communities in Slovakia (UZZNO) reported that anti-Semitic hate speech increased after then Prime Minister Fico indirectly accused a U.S. philanthropist of organizing antigovernment protests.  Some members of the People’s Party Our Slovakia (LSNS) faced criminal prosecution for producing materials defaming minority religious beliefs and for Holocaust denial.  The president, speaker of parliament, and prime minister agreed in August with political, social, and religious communities the state would adopt a “zero-tolerance approach toward extremism” and fight the spread of hatred and insults over the internet.  In November parliament codified a new legal definition of anti-Semitism and the Holocaust, which its sponsors said would facilitate criminal prosecution of hate crimes and hate speech.

The Muslim community continued to report anti-Muslim hate speech on social media.  Muslim community members reported that a man verbally and physically assaulted an Iraqi woman wearing a headscarf in Bratislava due to her religious affiliation.  Christian groups and other organizations described in media as far right continued to organize gatherings and commemorations of the World War II fascist state and to praise its leaders, although without statements formally denying the Holocaust.  Human rights nongovernmental organizations (NGOs) said the increased legal requirements for registration of religious groups, including Muslims, also continued to make it difficult to alter negative public attitudes that viewed unregistered small minority groups as “fringe cults.”

The Ambassador and other embassy officers discussed with government officials religious freedom and the treatment of minority religious groups, as well as measures to counter the increase in anti-Semitism and public expressions of anti-Muslim sentiment.  Embassy officials also met regularly with registered and unregistered religious organizations and NGOs to discuss hate speech and the role of churches and religious groups in countering extremism and promoting tolerance.  The embassy awarded a grant to an NGO to develop a curriculum to foster religious tolerance through interfaith discussions in secondary schools.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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.

A 2017 legislative amendment increased the minimum number of adherents from 20,000 to 50,000 for organizations seeking official registration as religious groups.  The 50,000 individuals must be adults, either citizens or permanent residents, and must submit to the Ministry of Culture 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.  All groups registered before these requirements came into effect were grandfathered as officially recognized religions; no new religious groups have attained recognition since the amendment passed.  According to the law, only groups registered as churches may call themselves churches, but there is no other legal distinction between registered churches and other registered religious groups.

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, Baha’i Community, The Brotherhood Unity of Baptists, Seventh-day Adventists, Brotherhood Church, Czechoslovak Hussite Church, The Church of Jesus Christ of Latter-day Saints, 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, but 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 maintaining 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.  To register a civic association, three citizens are required to provide their names and addresses and the name, goals, 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.  A single agreement between the government and 11 of the 17 other registered religious groups provides similar status to those 11 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 ethics class, depending on personal or parental preferences.  Schools have some leeway in drafting their own curricula for religion classes, but these must be consistent with the National Educational Program (an official Ministry of Education document).  Representatives of registered religious communities are involved in the preparation of the National Program.  Although the content of the religion classes in most schools is Catholicism, if there is a sufficient number of students, parents may ask a school to open a separate class focusing on the teachings of one of the other registered religious groups.  Alternatively, parents may request that teachings of different faiths be included in the curriculum of the Catholic religion classes.  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 tenets 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’s 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.

Slovenia

Executive Summary

The constitution guarantees freedom of religion and the right of individuals to express their religious beliefs in public and private.  It declares all religious communities shall enjoy equal rights and prohibits incitement of religious hatred or intolerance.  Religious groups do not have to register with the government but must register to obtain status as legal entities with tax and other benefits.  In September the World Jewish Restitution Organization (WJRO) and Ministry of Justice launched a project to establish the scope of Jewish heirless properties seized by the Nazis or their collaborators.  Muslims asked the government to expand their access to cemeteries and to provide pork-free meals in public institutions.  Muslim and Orthodox groups reported difficulties in providing services in hospitals, prisons, and the military.  In April the Constitutional Court upheld a law prohibiting the slaughter of animals without prior stunning.

Muslim groups reported obstacles in accessing halal food, spiritual care, and circumcising their male children.  These groups and nongovernmental organizations (NGOs) also reported anti-Muslim sentiment at public events, in news media, and online.  Vice Chair of the Jewish Community of Slovenia Igor Vojtic expressed concern about what he described as a negative disposition towards Jews, especially among left-leaning citizens.  Anti-Muslim hate speech was prevalent, especially online.  Construction of the country’s first mosque continued after delays due to funding shortages.  Muslims held services elsewhere in the interim.

U.S. embassy officials continued to meet regularly with government officials responsible for upholding religious freedom, including the Ministry of Culture’s (MOC) Office for Religious Communities, to discuss issues such as interfaith dialogue, the prohibition of animal slaughter without prior stunning, and the status of circumcision of male children.  In April the Ambassador hosted representatives of the Roman Catholic, Muslim, and Jewish communities to discuss issues such as legal restrictions on the ritual slaughter of animals and circumcision of boys.  The embassy amplified its engagement on religious freedom issues through social media.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees freedom of religion and the right of individuals to express their beliefs in public and private.  It declares all religious communities shall have equal rights and provides for the separation of religion and state.  The constitution guarantees equal human rights and fundamental freedoms to all individuals irrespective of their religion; it also prohibits incitement of religious discrimination and inflammation of religious hatred and intolerance.  The constitution recognizes the right of conscientious objection to military service for religious reasons.

The law states individuals have the right to freely select a religion; freedom of religious expression (or rejection of expression); to express – alone or in a group, privately or publicly – their religious beliefs freely in “church or other religious communities,” through education, religious ceremonies, or in other ways; and not to be forced to become a member or to remain a member of a religious group, nor to attend (or not attend) worship services or religious ceremonies.  The law guarantees the right to refuse to comply with legal duties and requirements that contradict an individual’s religious beliefs, provided such refusals do not limit the rights and freedoms of other persons.

The law requires churches and other religious communities to register with the government to obtain status as legal entities, but it does not restrict the religious activities of unregistered religious groups.  Unregistered religious groups are not permitted by law to purchase property in their name.  According to the law, the rights of religious groups include autonomy in selecting their legal form and constituency; freedom to define their internal organization and name and define the competencies of their employees; autonomy in defining the rights and obligations of their members; latitude to participate in interconfessional organizations within the country or abroad; authority to provide religious services to military, police, prisons, hospitals, and social care institutions (the state pays the salaries of chaplains providing services at these institutions); and freedom to construct buildings for religious purposes.  The law states religious groups have a responsibility to respect the constitution and the legal provisions on nondiscrimination.

As legal entities, registered religious groups are also eligible for rebates on value-added taxes and government cofinancing of social security contributions for their religious workers.

To register legally with the government, a religious group must submit an application to the MOC providing proof it has at least 10 adult members who are citizens or permanent residents; the name of the group in Latin letters, which must be clearly distinguishable from the names of other religious groups; the group’s address in the country; and a copy of its official seal to be used in legal transactions.  It must pay an administrative tax of 22.60 euros ($26).  The group must also provide the names of the group’s representatives in the country, a description of the foundations of the group’s religious beliefs, and a copy of its organizational act.  If a group wishes to apply for government cosponsorship of social security for clergy members, it must show it has at least 1,000 members for every clergy member.

There are 54 registered religious groups, including the Catholic Church, Evangelical Church, Jewish Community of Slovenia, Serbian Orthodox Church, and Islamic Community of Slovenia.

The government may only refuse the registration of a religious group if the group does not provide the required application materials in full or if the MOC determines the group is a “hate group” – an organization engaging in hate crimes as defined by the penal code.

By law, MOC’s Office for Religious Communities monitors and maintains records on registered religious communities and provides legal expertise and assistance to religious organizations.  The MOC establishes and manages the procedures for registration, issues documents related to the legal status of registered communities, distributes funds allocated in the government’s budget for religious activities, organizes discussions and gatherings of religious communities to address religious freedom concerns, and provides information to religious groups on the legal provisions and regulations related to their activities.

The government has an agreement with the Holy See covering relations with the Catholic Church.  Subsequent to that agreement, the government concluded similar agreements with several other groups.  None of the agreements offer rights or privileges beyond those accorded religious groups in the constitution.

In accordance with the law, citizens may apply for the return of property nationalized between 1945 and 1963.  The state may provide monetary compensation to former owners who cannot receive restitution in kind; for example, the state may authorize monetary compensation if government institutions are using the property for an official state purpose or public service such as education or healthcare.

According to the constitution, parents have the right to provide their children with a religious upbringing in accordance with the parents’ beliefs.  The government requires all public schools to include education on world religions in their curricula, with instruction provided by a school’s regular teachers.  The government allows churches and religious groups to provide religious instruction in their faiths in public schools and preschools on a voluntary basis outside of school hours.  The law prohibits religious instruction in public schools as part of the curriculum or during school hours but does not prescribe penalties for violations.  Private schools may offer religious classes during or after school hours.

The law mandates Holocaust education in schools.  This instruction focuses on the history of the Holocaust inside and outside of the country.  Schools use a booklet published by the Ministry of Foreign Affairs as part of the Holocaust education curriculum to create awareness of the history of Jews and anti-Semitism in Europe before World War II and of the atrocities committed during the Holocaust.  The booklet emphasizes the responsibility of everyone to remember the victims of the Holocaust.

The constitution provides for an independent Office of the Ombudsman for the Protection of Human Rights to investigate and report on alleged human rights violations by the government.  The national assembly appoints the ombudsman and allocates the office’s budget, but otherwise the ombudsman operates independently of the government.  Individuals have the right to file complaints with the ombudsman to seek administrative relief regarding abuses of religious freedom committed by national or local authorities.  The ombudsman’s office may forward these complaints to the state prosecutor’s office, which may then issue indictments, call for further investigation, or submit the claims directly to a court, whereupon the complaints become formal.  The ombudsman also submits an annual human rights report to the national assembly and provides recommendations and expert advice to the government.

The Council of the Government of the Republic for Dialogue on Religious Freedom under the auspices of the MOC’s Office for Religious Communities is responsible for promoting transparency and explaining national and EU legislation pertinent to religious groups through workshops and other events, and encouraging dialogue on issues of concern among the country’s religious communities.  Its members include representatives of the minister of culture, director of the Office for Religious Communities, commissioner for the principle of equality, and representatives of the Catholic Church, Evangelical Church of the Augsburg Confession in Slovenia, Islamic Community of Slovenia, Serbian Orthodox Church, and smaller religious communities.

The law allows for circumcision, but some hospitals believe it is illegal and do not offer the procedure.  The Ombudsman for the Protection of Human Rights has issued a nonlegally binding opinion that, based on the constitution and the law, “circumcision for nonmedical reasons is not permissible and constitutes unlawful interference with the child’s body, thereby violating his rights.”

The law requires that animals be stunned prior to slaughter.

The penal code’s definition of hate crimes includes publicly provoking religious hatred and diminishing the significance of the Holocaust.  Punishment for these offenses is imprisonment of up to two years, or, if the crime involves coercion or endangerment of security – defined as a serious threat to life and limb, desecration, or damage to property – imprisonment for up to five years.  If an official abusing the power of his or her position commits these offenses, he or she may be subject to imprisonment of up to five years.  Members of groups that engage in these activities in an organized and premeditated fashion – hate groups, according to the law – may also receive a punishment of up to five years in prison.

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

Spain

Executive Summary

The constitution protects freedom of religion and states the government shall consider the religious beliefs of society and form cooperative relations with the Roman Catholic Church and other religious faiths.  The government has a bilateral agreement with the Holy See that grants the Catholic Church additional benefits not available to three other groups with which the government has agreements:  Protestants, Muslims, and Jews.  Groups without agreements may register with the government and receive some benefits.  Various politicians and civil society actors continued to criticize compulsory religious education, which is under the control of regional governments.  The Ministry of Justice’s (MOJ) 2017 annual report on religious freedom cited concerns regarding unequal treatment of religious groups, different financing of religious assistance, difficulties in opening places of worship, proselytizing, and providing spiritual services in public institutions, and the inability of the state to respond to religiously motivated incidents.  Between January and September the government granted citizenship to approximately 4,000 descendants of Jews expelled in 1492.  Muslims, Jews, and especially Buddhists reported problems with cemetery access.  Leaders of other religious groups said the state allowed citizens to allocate part of their taxes to the Catholic Church or its charities but not other religions.  The government continued outreach to Muslims to combat religious discrimination and promote integration.

There were incidents of assaults, threats, incitement to violence, other hate speech, and vandalism against Christians, Muslims and Jews.  The nongovernmental organization (NGO) Observatory for Religious Freedom and Conscience (OLRC) reported 142 religiously motivated incidents – including two assaults – in the first nine months of the year, 20 more than in the same period in 2017.  Of the 142 cases, 65 percent were against Christians.  The Ministry of Interior (MOI) documented 103 hate crimes with religious motivations in 2017, compared with 47 in 2016.  The NGO Citizens’ Platform against Islamophobia reported 546 anti-Muslim incidents in 2017, of which hate speech on the internet accounted for 70 percent.  The MOJ reported 43 hospitals throughout the country denied treatment to Jehovah’s Witnesses who refused blood transfusions.  Christians, Muslims, and Jews reported increased hostility against them in media.

U.S. embassy and consulate officials met regularly with the MOJ’s Office of Religious Affairs, as well as with regional governments’ offices for religious affairs and with religious leaders who participated in the governmental Pluralism and Coexistence Foundation (the Foundation).  Topics discussed included anti-Semitic, anti-Muslim, and anticlerical sentiment, the failure of some regional governments to comply with legal requirements to treat religious groups equally, concerns about societal discrimination against religious minorities, access to religious education and cemeteries for religious groups, and pensions for clergy.  In January the embassy hosted religious leaders for a discussion on religious freedom and equality in the country.  In June the Ambassador hosted an iftar focused on strengthening government engagement with, and inclusion of, the Muslim community.  In May the Consulate General in Barcelona organized an iftar where Muslim leaders and public officials discussed ways of promoting religious freedom and tolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits discrimination based on religion and guarantees freedom of religion and worship for individuals and communities; it allows limits on expression if “necessary to maintain public order.”  According to the Foundation, reasons would include overcrowding in small facilities or public spaces.  The Foundation provides funding in support of activities and projects that promote cultural, educational, and social integration among religious denominations that have a cooperation agreement with the state.  The Foundation also promotes dialogue and rapprochement among religious groups and the normalization of religion in society.  A law restricts unauthorized public protest, but authorities have not used it or the constitutional limits on expression against religious groups.

The constitution states no one may be compelled to testify about his or her religion or beliefs.  The constitution also states, “No religion shall have a state character,” but “public authorities shall take into account the religious beliefs of Spanish society and consequently maintain appropriate cooperative relations with the Catholic Church and other denominations.”  The Catholic Church is the only religious group explicitly mentioned in the constitution.

The government does not require religious groups to register, but registering confers religious groups with certain legal benefits.  Groups registered in the MOJ’s Registry of Religious Entities have the right to autonomy; may buy, rent, and sell property; and may act as a legal entity in civil proceedings.  Registration entails completing forms available on the MOJ’s website and providing notarized documentation of the foundational and operational statutes of the religious group, its legal representatives, territorial scope, religious purposes, and address.  Any persons or groups have the right to practice their religion whether or not registered as a religious entity.

Registration with the MOJ and notorio arraigo (“deeply rooted” or permanent) status allows groups to establish bilateral cooperation agreements with the state.  The government has a bilateral agreement with the Holy See, executed in part by the Episcopal Conference.  The government also has cooperation agreements with FEREDE, CIE, and FCJE.  These agreements are legally binding and provide the religious groups with certain tax exemptions, the ability to buy and sell property, open a house of worship, and conduct other legal business; grant civil validity to the weddings they perform; and permit them to place teachers in schools and chaplains in hospitals, the military, and prisons.  Groups with cooperation agreements are also eligible for independently administered government grants.

The agreement with the Holy See covers legal, educational, cultural, and economic affairs; religious observance by members of the armed forces; and the military service of clergy and members of religious orders.  The later cooperative agreements with FEREDE, CIE, and FCJE cover the same issues.

Registered groups who wish to sign cooperative agreements with the state must acquire notorio arraigo status through the MOJ.  To achieve this status, groups must have an unspecified “relevant” number of followers; a presence in the country for at least 30 years; and a “level of diffusion” that the MOJ considers demonstrates a “social presence” but is not further defined.  Groups must also submit documentation demonstrating the group is religious in nature to the MOJ’s Office of Religious Affairs, which maintains the Register of Religious Entities.

The Episcopal Conference deals with the government on behalf of the entire Catholic community.  Per the state’s 1979 agreement with the Holy See, individual Catholic dioceses and parishes are not required to register with the government.  In addition to FEREDE, CIE, and FCJE, the Jehovah’s Witnesses, Federation of Buddhist Communities (FCBE), Church of Jesus Christ, and Orthodox Church are registered religions with notorio arraigo status.  New religious communities may register directly with the MOJ, or religious associations may register on their behalf.

If the MOJ considers an applicant for registration not to be a religious group, the group may be included in the Register of Associations maintained by the MOI.  Inclusion in the Register of Associations grants legal status but offers no other benefits.  Registration itself simply lists the association and its history in the government’s database.  Registration as an association is a precursor to requesting that the government deem the association to be of public benefit, which affords the same tax benefits as charities, including exemption from income tax and taxes on contributions.  For such a classification, the association must be registered for two years and maintain a net positive fiscal balance.

The government funds religious services within the prison system for Catholic and Muslim groups.  Examples of religious services include Sunday Catholic Mass, Catholic confession, and Friday Islamic prayer.  The cooperation agreements of FCJE and FEREDE with the government do not include this provision; these groups provide religious services in prisons but at their own expense.  Other religious groups registered as religious entities with the MOJ may provide services at their own expense during visiting hours upon the request of prisoners.

The Regions of Madrid and Catalonia have agreements with several religious groups that have accords with the national government.  These regional agreements permit activities such as providing religious assistance in hospitals and prisons under regional jurisdiction.  The central government funds these services for prisons and the military, and the regional governments fund hospital services.  According to the MOJ, these subnational agreements may not contradict the principles of the federal agreements, which take precedence.  The Catalan government has agreements with Catholics, FEREDE, and CIE.  The Madrid Region has agreements with Catholics, FEREDE, FCJE, and CIE.

The government guarantees religious workers of groups with cooperative agreements with the state access to refugee centers, known as foreign internment centers, so that these groups may provide direct assistance, at the groups’ expense, to their followers in the centers.  According to the MOJ, other religious practitioners may enter the internment centers upon request.

Military rules and prior signed agreements allow religious military funerals and chaplain services for Catholics, Protestants, Jews, and Muslims, should the family of the deceased request it.  Other religious groups may conduct religious funerals upon request.

The government recognizes marriages performed by all religious communities with notorio arraigo status.

Religious groups must apply to local governments for a license to open a place of worship, as with other establishments intended for public use.  Requirements for licenses vary from municipality to municipality.  The MOJ states documentation required is usually the same as for other business establishments seeking to open a venue for public use and includes information such as architectural plans and maximum capacity.  Religious groups must also inform the MOJ after opening new places of worship.

Local governments are obligated to consider requests for use of public land to open a place of worship.  If a municipality decides to deny such a request after weighing factors such as availability and value added to the community, the city council must explain its decision to the requesting party.

As outlined in agreements with religious groups, the government provides funding for salaries for teachers of Catholic and, when at least 10 students request it, Protestant and Islamic classes in public schools.  The Jewish community is also eligible for government funding for Jewish instructors but has declined it.  The courses are not mandatory.  Those students who elect not to take religious education courses are required to take an alternative course covering general social, cultural, and religious themes.  The development of curricula and the financing of teachers for religious education is the responsibility of the regional governments, with the exception of Andalusia, Aragon, the Canary Islands, Cantabria, and the two autonomous cities of Ceuta and Melilla, which leave the curricula and financing of education to the national government in accordance with their individual regional statutes.

Autonomous regions generally have the authority to develop the requirements for religious education instructors and certify their credentials, although some choose to defer to the national government.  For example, prospective instructors must provide personal data, proof that the educational authority of the region where they are applying to work has never dismissed them, a degree as required by the region, and any other requirement as stipulated by the religious association to which they correspond.  The religious associations are required to provide a list of approved instructors to the government.  MOE-approved CIE guidelines stress “moderate Islam” in worship practices, with emphasis on plurality, understanding, religious tolerance, conflict resolution, and coexistence.  CIE also requires instructors to have a certificate of training in Islamic education.

Catholic clergy may include time spent on missions abroad in calculations for social security, and claim retirement pension credit for a maximum of 38.5 years of service.  Protestant clergy are eligible to receive social security benefits, including health insurance and a government-provided retirement pension with a maximum credit of 15 years of service, but pension eligibility requirements for these clergy are stricter than for Catholic clergy.  The law allows Protestant clergy to count towards retirement time worked prior to 1999, the date of a prior decree, only if these clergy adjusted their status in 1999, and does not allow Protestant clergy to claim retirement credit for time worked abroad.  Protestant clergy must also pay unfunded pension contributions in one lump sum rather than via monthly salary deductions, as Catholic clergy do.  Clergy from the Russian Orthodox Church, CIE, and Jehovah’s Witnesses are also eligible for social security benefits.  The benefits for clergy from these groups depend on the specific terms of separate social security agreements that each of these groups negotiated with the state.

The penal code definition of hate crimes includes acts of “humiliation or disrespect” against victims because of their religion, with penalties of one to four years in prison.  Under the penal code, it is a crime to prevent or disrupt religious services and to offend, scorn or blaspheme religious beliefs, ceremonies, or practitioners.  Those who do not profess any religion or belief are also protected under the penal code.  By law, authorities may investigate and prosecute criminal offenses committed by neo-Nazi groups as “terrorist crimes.”  Genocide denial is a crime if it incites violent attitudes, such as aggressive, threatening behavior or language.

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

Sweden

Executive Summary

The constitution protects “the freedom to practice one’s religion alone or in the company of others” and prohibits discrimination based on religion.  The government more than doubled security funding for religious organizations.  Christian organizations stated the Migration Agency denied asylum to Christians fleeing religious persecution.  One Christian committed suicide in September after authorities denied his asylum application.  The government gave funding to 43 religious groups and facilitated revenue collection for 17 of them.  The prime minister and other politicians condemned anti-Semitism and other religious intolerance.  There were numerous reports of anti-Semitic and anti-Muslim remarks by members of the Sweden Democrats and other political parties, and party members proposed bills to prohibit the Muslim call to prayer, nonmedical circumcision of boys, and students and teachers from wearing the hijab in school.  The Social Democratic Party, Sweden Democrats, and Left Party proposed bans on independent religious schools.

There was a report of an attack against a Christian convert seeking asylum and reports of threats, harassment, and discrimination against Jews and Muslims and attacks on their property.  An Uppsala University survey released in June found 52 percent of 106 Muslim congregations responding had received threats, and 45 percent reported at least one attack against their properties in 2017; 15 percent reported more than 10 incidents.  Jewish-owned houses were set on fire on two occasions in Lund.

The Charge d’Affaires and other U.S. embassy representatives continued to meet with the Ministries of Justice and Culture, parliament, the Swedish Agency for Support to Faith Communities (SST), police, and local government on religious freedom issues, welcoming government efforts to improve security for religious groups and highlighting threats to member of some religious minorities, including immigrants.  Embassy officials spoke about religious tolerance with Christian, Jewish, and Muslim representatives in Malmo and Stockholm.  The Department of State Senior Advisor for Combating Anti-Semitism met with government officials and Jewish and Muslim leaders in Stockholm and Malmo, calling for more efforts to protect religious groups.  The embassy hosted a function at which grandchildren of a Nazi SS officer and a Holocaust survivor spoke about religious tolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides “the freedom to practice one’s religion alone or in the company of others.”  The law mandates there be no limitation of rights or freedoms on the grounds of religious opinion.

The constitution instructs public institutions to combat discrimination based on religious affiliation.  According to law, complaints about discrimination for religious reasons in the private sector, in the government, or by a government agency or authority must be filed with the Discrimination Ombudsman.  The ombudsman investigates each case and issues a decision that is not legally binding.  The decision includes recommendations to prevent future discrimination.  The ombudsman takes some cases to court each year, in part to create legal precedent.  The ombudsman can represent the individual making a complaint in the event of legal proceedings if he or she requests it.

The constitution states, “The opportunities of religious minorities to preserve and develop a cultural and social life of their own shall be promoted.”  No one is obliged to belong to a religious community or “divulge religious beliefs in relations with public institutions.”

There is no requirement in the law for religious groups to register or otherwise seek recognition.  Faith communities registering with the SST, however, receive tax exemptions similar to those of nonprofit organizations and are eligible to receive government funding.  To register with the SST, a religious group must submit an application to the Ministry of Culture demonstrating the group fulfills certain requirements, including that it be stable and have operated in the country for at least five years, have a clear and stable structure, be able to function on its own, serve at least 3,000 persons (with exceptions), and be present in different locations in the country.

According to the law, animal slaughter must be preceded by stunning and/or the administration of anesthetics to minimize the animal’s suffering.

The law stipulates that male circumcision may be performed only by a licensed doctor or, for boys under the age of two months, by a person certified by the National Board of Health and Welfare.  The board certifies mohels (individuals who conduct ritual Jewish circumcisions) to perform the operations on boys younger than two months but requires the presence of a medical doctor, who must administer anesthesia to the infant.

The government facilitates fundraising by religious groups by offering them the option of collecting contributions through the Tax Agency in exchange for a one-time fee of 75,000 Swedish kronor ($8,400) and an annual fee of 21 kronor ($2) per member per year.  The Church of Sweden is exempted from the annual fee because it, unlike the other religious groups participating in the scheme, does not receive financial support from the SST.  Only religious groups registered with the SST may participate in the scheme.  Religious groups freely choose what percentage of members’ annual taxable income to collect, with a median collection rate of 1 percent.  The Tax Agency subtracts a percentage of the member’s gross income and distributes it to the religious organization.  The member’s contribution is not deductible from income tax.  Seventeen religious organizations participate in the scheme, including the Church of Sweden, Roman Catholic Church, four Muslim congregations, and two Syriac Orthodox churches.

The government provides publicly funded grants to registered religious groups through the SST, which is under the authority of the Ministry of Culture.  The grants are proportional to the size of a group’s membership.  Registered religious groups may also apply for separate grants for specific purposes, such as security expenses.

The military offers food options compliant with religious dietary restrictions.  Each military district has a chaplain.  According to the law, chaplains may be of any religious affiliation, but all chaplains seconded to the armed forces belong to the Church of Sweden.  Regardless of religious denomination, chaplains are required to perform religious duties for other faiths or refer service members to spiritual leaders of other faiths if requested.  The law specifically exempts Jehovah’s Witnesses from national military service.  Other conscientious objectors may apply for nonarmed military service but are in practice not inducted into the military.  Armed forces guidelines allow religious headwear.  Individuals serving in the military may observe their particular religious holidays in exchange for not taking leave on public holidays.

Religious education is compulsory in public and private schools.  Teachers use a curriculum that encompasses lessons about the major world religions without preference for any particular religious group.  Parents may send their children to independent religious schools, which the government supports through a voucher system and which must adhere to government guidelines on core academic curricula, including religious education.  Such schools may host voluntary religious activities outside the classroom, but these activities may not interfere with government guidelines on core academic curricula.

Hate speech laws prohibit threats or expressions of contempt for persons based on several factors, including religious belief.  Penalties for hate speech range from fines to a sentence of up to four years in prison, depending on the severity of the incident.

Law enforcement authorities maintain statistics on hate crimes, including religiously motivated hate crimes, issuing them every two years.  Law enforcement authorities may add a hate crime classification to an initial crime report or to existing charges during an investigation.  Prosecutors determine whether to bring hate crime charges as part of the prosecution, and the defense has an opportunity to rebut the classification.  In cases where the criminal act involves a hate crime, the penalties increase.

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

The Netherlands

Executive Summary

The constitution prohibits religious discrimination and protects the freedom of individuals to profess their religion or belief.  It is a crime to engage in public speech inciting religious hatred.  In June the government enacted a ban of face coverings in schools and some public spaces and expected to implement the ban in 2019.  The Jewish community asked the government to focus more attention on combating anti-Semitism and to appoint an anti-Semitism coordinator.  Politicians from several parties made anti-Islamic or anti-Semitic statements.  There were several proposals in parliament to reduce benefits for religious groups and eliminate religion from public spaces, but no such legislation was passed.

The government and nongovernmental organizations (NGOs) reported hundreds of anti-Muslim and anti-Semitic incidents in 2017, involving violence, threats, harassment, discrimination, hate speech, and vandalism.  According to police, incidents targeting Muslims decreased by 45 percent compared with 2016 while anti-Semitic incidents declined by 15 percent over the same period.  In August an Afghan man stabbed two persons, stating he had done so in response to Dutch insults to Islam.  A study by two historians found most instances of anti-Semitism in recent years involved verbal or written speech, and that Dutch Moroccans and Dutch Turks, but not recent immigrants, were overrepresented among those committing anti-Semitic acts.  A study by the Netherlands Institute for Social Research (SCP) found significant numbers of Muslims held a negative opinion of Dutch society.

The U.S. embassy and consulate general in Amsterdam emphasized the importance of support for refugees of all faiths, integration for newcomers, and interfaith dialogue in formal meetings and informal conversations with government officials, including at the Ministries of Foreign Affairs, Justice, Social Affairs, and Education and with parliamentarians and police.  Embassy and consulate general representatives discussed religious freedom issues with leaders of several different faith communities and a broad range of civil society activists, and they pursued public outreach to youth to increase interfaith understanding and tolerance.  The embassy also discussed religious tolerance with refugees.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits discrimination on religious grounds and provides for the freedom of individuals to profess their religion or belief, individually or in community with others, without affecting their responsibilities under the law.  The constitution allows the government to restrict the exercise of religious beliefs outside of buildings or enclosed spaces to protect health, ensure traffic safety, and prevent disorder.

The law makes it a crime to engage in public speech that incites religious hatred and provides a penalty of imprisonment for up to two years, a fine of up to 8,100 euros ($9,300), or both.  To qualify as hate speech, statements must be directed at a group of persons; the law does not consider statements targeted at a philosophy or religion, such as “Islam” (as opposed to “Muslims,”) as criminal hate speech.

The law does not require religious groups to register with the government.  If the tax authorities determine the groups meet specific criteria, they grant them exemptions from all taxes, including income, value-added, and property taxes.  Under the tax law, to qualify for tax exemptions such groups must be “of a philosophical or religious nature,” contribute to the general welfare of society, and be nonprofit and nonviolent.

On June 26, the government approved a ban on full-face coverings in schools, hospitals, public transportation, and government buildings.  The government did not implement the ban during the year; it expected to do so in 2019 after agreeing on implementation procedures.  Individuals violating the law will first be asked to remove the face covering or leave the building.  Those refusing to cooperate may be fined 410 euros ($470).

The law permits employees to refuse to work on Sundays for religious reasons, but employers may deny employees such an exception depending on the nature of the work, such as employment in the health sector.  Members of religious communities for whom the Sabbath is not Sunday may request similar exemptions.

The Council of State and the Netherlands Institute for Human Rights (NIHR) are responsible for reviewing complaints of religious discrimination.  The Council of State is the highest administrative court in the country, and its rulings are binding.  The NIHR serves as the government’s independent human rights watchdog, responsible for advising the government and monitoring and highlighting such issues, including those pertaining to religion.  The NIHR hears complaints of religious discrimination, often involving labor disputes, and issues opinions that do not carry the force of law but with which the addressed parties tend to comply.

Local governments appoint antidiscrimination boards that work independently under the auspices of the Ministry of the Interior and Kingdom Relations.  These local boards provide information on how to report complaints and mediate disputes, including those pertaining to discrimination based on religion.  Acceptance of mediation decisions by parties involved in disputes is voluntary.

The government provides funding to religious schools, other religious educational institutions, and religious healthcare facilities.  To qualify for funding, institutions have to meet government educational standards as well as minimum class size and healthcare requirements.  The constitution stipulates that standards required of religious or ideology-based (termed “special”) schools, financed either in part or fully by the government, shall be regulated by law with due regard for the freedom of these schools to provide education according to their religion or ideology.

The constitution stipulates public education shall pay due respect to the individual’s religion or belief, and the law permits, but does not require, religious education in public schools.  Specialist teachers teach religion classes in public schools that offer them, and enrollment in these classes is optional.  All schools are required to familiarize students with the various religious movements in society, regardless of the school’s religious affiliation.  Religion-based schools, which are also government-funded, are free to shape religious education, as long as the education inspectorate agrees that such education does not incite criminal offenses.  Approximately 71 percent of government-funded schools have a religious, humanist, or philosophical basis.  The Ministry of Education, Culture, and Science is responsible for setting national curriculum standards that all schools must comply with and monitoring compliance.

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

United Kingdom

Executive Summary

In the absence of a written constitution, the law establishes the Church of England as England’s state church and the Church of Scotland as Scotland’s national church.  The law prohibits “incitement to religious hatred” as well as discrimination on the grounds of religion.  The government updated the 2016 Hate Plan and committed to spending 1.5 million pounds ($1.92 million) on educational programs to challenge discriminatory beliefs.  The Home Office published an independent review of the application of sharia in England and Wales that included recommendations for legislative changes to bring the treatment of Muslim religious marriages into line with those of other faiths, an awareness campaign highlighting the benefits of civil registration for religious marriages, and a proposal for the government to regulate sharia councils.  The main political parties faced numerous accusations of religious bias.  Religious and civil society groups, the media, and others accused Conservative Party politicians, including former Foreign Secretary Boris Johnson, of anti-Muslim sentiment, and a number of Labour Party politicians, including leader Jeremy Corbyn, faced repeated accusations of anti-Semitism.  The Scottish government launched an “Anti-Hate” campaign in an effort to erase sectarianism.  The government, a member of the International Holocaust Remembrance Alliance (IHRA) since 1998, adopted the IHRA’s full working definition of anti-Semitism.  In 2017 the London Assembly, Scottish government, and Welsh government also adopted the IHRA’s definition.  During the year, the Conservative, Labour, and Liberal Democrat Parties adopted the IHRA definition, but the Green Party’s ruling body decided against it.  The Scottish National Party (SNP) did not clarify whether it has adopted the definition.

The government reported similarly high numbers as the previous year in religiously motivated hate crimes and incidents in England, Wales, Scotland, and Northern Ireland.  Community Security Trust (CST), a nongovernmental organization (NGO) monitoring anti-Semitism, recorded 1,652 anti-Semitic incidents during the year, the highest it had ever recorded in a single year and an increase of 16 percent, compared with 1,414 incidents in 2017.  There were multiple incidents of violence, arson, threats, and vandalism against religious groups.  There were incidents of religiously motivated hate speech against Muslims, Jews, and Christians.  Such incidents included the assault on and threatening of a man because of his Muslim beliefs, an assault on two female Jewish protesters outside a political event, attacks and vandalism on Sikh temples and mosques, and a postal campaign encouraging members of the public to “Punish a Muslim.”  A number of interfaith initiatives were launched, including the “21 for 21” project, which attempts to identify leaders for the 21st century, seven each from the Christian, Muslim, and Jewish communities.

U.S. embassy officials engaged with and sponsored speakers to visit religious groups.  The embassy recognized October 27 as International Religious Freedom Day on its social media channels, including tweets from the embassy’s account highlighting the International Religious Freedom Act, the 2018 Ministerial to Advance Religious Freedom, and the statement of the U.S. Secretary of State on the importance of promoting religious freedom and defending vulnerable minorities.  On October 29, the Ambassador joined Home Secretary Sajid Javid, Mayor of London Sadiq Khan, Chief Rabbi Ephraim Mirvis, and other religious and political leaders at a memorial at a North West London Jewish center for the victims of the Pittsburgh synagogue shooting.  The Ambassador joined other speakers in calling for unity against religious hatred.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

In the absence of a written constitution, the law establishes the Church of England as England’s state church.  Scotland, Wales, and Northern Ireland do not have state religions.  Legislation establishes the Church of Scotland as Scotland’s national church, but it is not dependent on any government body or the queen for spiritual matters or leadership.

The Human Rights Act 1998 protects freedom of thought, conscience, and religion.  It states, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with other and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.”  The Human Rights Act reaffirms the European Convention of Human Rights, Article 9, which guarantees freedom of thought, conscience, and religion, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society.”

As the supreme governor of the Church of England, the monarch must always be a member of, and promise to uphold, that Church.  The monarch appoints Church of England officials, including lay and clergy representatives, on the advice of the prime minister and the Crown Appointments Commission.  Aside from these appointments, the state is not involved in the Church’s administration.  The Church of Scotland is governed by its General Assembly, which has the authority to make the laws determining how it operates.

In England and Wales, the law prohibits religiously motivated hate language and any acts intended to incite religious hatred through the use of words or the publication or distribution of written material.  The law defines religious hatred as hatred of a group because of its religious belief or lack thereof.  The police are responsible for investigating criminal offenses and for gathering evidence; the Crown Prosecution Service, which is an independent body and the main public prosecution service for England and Wales, is responsible for deciding whether a suspect should be charged with a criminal offense.  The maximum penalty for inciting religious hatred is seven years in prison.  If there is evidence of religious hostility in connection with any crime, it is a “religiously aggravated offense” and carries a higher maximum penalty than the underlying crime alone.  In Scotland the law requires courts to consider the impact of religious bias when sentencing.

By law the General Register Office for England and Wales governs the registration and legal recognition of places of worship in England and Wales.  The law also states buildings, rooms, or other premises may be registered as meeting places for religious worship upon payment of a fee; the General Register Office for England and Wales keeps a record of the registration, and the place of worship is assigned a “worship number.”  Registration is not compulsory, but it provides certain financial advantages and is also required before a place of worship may be registered as a venue for marriages.  Registered places of worship are exempt from paying taxes and benefit from participating in the country’s Gift Aid program.  Gift Aid allows charities to claim back the 25 percent basic rate of tax already paid on donations by the donor, boosting the value of a donation by a quarter.

Throughout the country the law requires religious education (RE) and worship for children between the ages of three and 13 in state-run schools, with the content decided at the local level.  Specialist schoolteachers, rather than religious groups, teach the syllabus.  Parents may request to exempt their children from RE.  At age 13, students themselves may choose to stop RE or continue, in which case they study two religions.  Nonreligious state schools require the RE curriculum to reflect “Christian values,” be nondenominational, and refrain from attempts to convert students.  It must also teach the practices of other principal religions in the country.  Students and, unless they are employed by faith-based schools, teachers may decline participation in collective worship, without prejudice.

Nonreligious state schools in England and Wales are required to practice daily collective prayer or worship of “a wholly or mainly…Christian character.”  Schoolteachers lead these assemblies; however, parents have the legal right to request their children not participate in collective prayer or worship.  The law permits sixth form students (generally 16- to 19-year-olds in the final two years of secondary school) to withdraw from worship without parental permission or action.  Nonreligious state schools are free to hold other religious ceremonies as they choose.

In Scotland only denominational (faith-based) schools practice daily collective prayer or worship; however, religious observance is compulsory in all Scottish schools.  Religious observance is defined as “Community acts which aim to promote the spiritual development of all members of the school’s community.”  Examples of religious observance include school assemblies and events to recognize religious events, including Christmas, Easter, and Holocaust Memorial Day.  Parents can make the decision to opt out their children from this requirement, but children may not make this decision themselves.

In Bermuda the law requires students attending state schools to participate in collective worship, characterized by educational officials as reciting the Lord’s Prayer, but prohibits worship “distinctive of any particular religious group.”  At the high school level, students are required to take a course that explores various religions until year 9 (ages 11-14); in years 10 and 11 (ages 15-16), courses on religion are optional.

There are two faith-based private schools in Bermuda that operate from kindergarten through high school.  One follows the guidance of the North American division of the Seventh-day Adventist Church.  The other follows principles of the Catholic Church.

The government determines whether to establish a faith-based school when there is evidence of demand, such as petitions from parents, religious groups, teachers, or other entities.  If a faith-based school is not oversubscribed, then the school must offer a place to any child, but if the school is oversubscribed, it may use faith as a criterion for acceptance.  Nonstate faith-based schools are eligible to claim “charitable status,” which allows for tax exemptions.

Almost all schools in Northern Ireland receive state support, with approximately 90 percent of students attending Protestant or Catholic schools.  Approximately 7 percent of school-age children attend religiously integrated schools with admissions criteria designed to enroll equal numbers of Catholic and Protestant children without the intervention of the state, as well as children from other religious and cultural backgrounds.  Students of different faiths are able to attend Protestant and Catholic schools but tend to gravitate toward the integrated schools.  These integrated schools are not secular but are “essentially Christian in character and welcome all faiths and none.”  RE – a core syllabus designed by the Department of Education, Church of Ireland, and Catholic, Presbyterian, and Methodist Churches – is compulsory in all government-funded schools, and “the school day shall include collective Christian worship whether in one or more than one assembly.”  All schools receiving government funding must teach RE; however, students may request to opt out of the classes and collective worship.  Catholic-managed schools draw uniquely on the Roman Catholic tradition for their RE, while other schools may draw on world religions.

An estimated 30 sharia councils operate parallel to the national legal system.  They adjudicate Islamic religious matters, including religious divorces, which are not recognized under civil law.  Participants may submit cases to the councils on a voluntary basis.  The councils do not have the legal status of courts, although they have legal status as mediation and arbitration bodies.  As such, rulings may not be appealed in the courts.

The law prohibits discrimination on the grounds of “religion or belief” or the “lack of religion or belief.”  The Equality and Human Rights Commission (EHRC) – a body sponsored by the Department of Education’s Government Equalities Office – is responsible for enforcing legislation prohibiting religious discrimination.  The EHRC researches and conducts inquiries into religious and other discrimination in England, Scotland, and Wales.  The minister for women and equalities appoints the members.  If the commission finds a violation, it may issue a notice to the violator and seek a court order to enforce the notice.  The EHRC receives government funds but operates independently.  The Northern Ireland equivalent to the EHRC is the Equality Commission.

In Northern Ireland the law bans discrimination on the grounds of religious belief only in employment; however, schools may discriminate on the grounds of religion when recruiting teachers.  In the rest of the country, the law prohibits any discrimination, including employment discrimination, based on religious belief, unless the employer can show a genuine requirement for a particular religion.

Citing a limited broadcast spectrum, the law prohibits religious groups from holding national radio licenses, public teletext licenses, more than one television service license, and/or radio and television multiplex licenses, which would allow them to offer multiple channels as part of a single bundle of programming.

Twenty-six senior bishops of the Anglican Church sit in the House of Lords as representatives of the state Church.  Known as the Lords Spiritual, they read prayers at the start of each daily meeting and play a full role in the life and work of the upper house.

The law requires visa applicants wishing to enter the country as “ministers of religion” to have worked for at least one of the previous five years as a minister and to have at least one year of full-time experience or, if their religion requires ordination, at least two years of part-time training following their ordination.  A missionary must also be trained as such or have worked previously in this role.

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