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.

The government maintained its efforts, initiated after 2016 terrorist attacks, to curb what it termed radical Islam in the country’s mosques and highlighted Salafism in particular as a possible driver of violent extremism.  The federal and regional governments stated they remained committed to their previously announced plans to encourage mosques to seek official recognition as a means of increasing government oversight.  According to government officials, including Minister of Justice Koen Geens and Brussels Minister-President Rudy Vervoort, government funding for imams and infrastructure at officially recognized mosques would reduce the mosques’ reliance on foreign sources of funding, such as those from Saudi Arabia, and afford the government greater oversight of how those mosques vetted imams.

Although the federal government recommended several mosques for recognition by the regional governments, the number of recognized mosques increased by only two, to 85, during the year.  Some observers, such as a sociologist at the Free University of Brussels, stated a number of mosques opted not to seek official recognition because they received sufficient foreign funding and preferred to do without government oversight.

Long-standing applications for government recognition by Buddhists and Hindus remained pending.  Buddhists filed their request for recognition in 2008, and Hindus in 2013.  There were no other pending recognition requests by religious groups.  Despite the lack of recognition, Buddhists received federal government subsidies of approximately 200,000 euros ($229,000).  Hindus did not receive any government subsidies.

In accordance with recommendations in a 2017 report by a parliamentary commission investigating terrorist attacks, the federal government announced in March it would terminate Saudi Arabia’s lease on the Great Mosque in Brussels, effective March 31, 2019.  Saudi Arabia had signed a 99-year lease for the building in 1969.  The government called for the creation of a new, pan-Islamic institution to manage the mosque and said the Muslim Executive, the Muslim community’s official interlocutor with the government, would be responsible for creating the institution and ensuring it began managing the mosque by the lease termination date.  The government said it terminated the lease because the Great Mosque was spreading Wahhabi Salafism, which the government stated played a role in spreading violent radicalism.  According to media reports, in September the Council of State, the country’s highest administrative court, denied an appeal by Saudi Arabia against the lease termination, ruling that the council lacked jurisdiction in the case.

The government maintained its ban on wearing religious symbols in public sector jobs requiring interaction with the public.

On September 18, the European Court of Human Rights ruled the government had violated the EU Convention on Human Rights by excluding a Muslim woman from a courtroom in 2017 for refusing to remove her headscarf.  The court ordered the government to pay the woman 1,000 euros ($1,100).

Most public schools continued to ban headscarves, in accordance with government policy allowing individual schools to decide whether to impose such bans.  According to media reports, at least 90 percent of Francophone community public schools and virtually all Flemish public schools maintained such bans.

According to Muslim groups, city and town administrations continued to withhold or delay approval for the construction of new mosques and Islamic cultural centers.  In Court-Saint-Etienne in May, city authorities granted an application for the construction of a new mosque after denying it four times during the previous several years.  Mosque construction projects in La Louviere, Kortrijk, and Ghent still faced legal obstacles and/or opposition from public authorities or neighbors.

The Jewish and Muslim communities remained opposed to the decisions by the Flanders and Walloon governments to ban slaughter without prior stunning.  As in the previous year and unlike in years prior to 2017, the Brussels regional government did not authorize any temporary slaughterhouse to carry out slaughter without prior stunning during Islamic holidays.

Appeals against the Flemish and Walloon laws banning animal slaughter without stunning remained pending at the Constitutional Court at year’s end.  Members of the Muslim Executive, the Coordination Committee of Jewish Organizations of Belgium (CCOJB), representing Jewish groups in the country, together with the Belgian section of the European Jewish Congress and the World Jewish Congress, Muslim and Jewish NGOs, and Muslim and Jewish individuals, with the assistance of the U.S.-based NGO Lawfare Project, jointly appealed to the Supreme Court against the Flemish ban in a letter dated January 16.  The Jewish Consistoire (the Jewish community’s official interlocutor with the government), the Francophone branch of the CCOJB, Jewish NGOs, and Jewish individuals appealed to the Constitutional Court against the Walloon ban in a letter dated November 28, 2017.  The Muslim Executive, Muslim NGOs, and Muslim individuals also appealed to the Supreme Court against the Walloon ban in a November 30, 2017 letter.  At year’s end there were four appeals against the Walloon ban and five against the Flemish ban, all pending before the Constitutional Court.

In May the European Court of Justice upheld the existing Flanders law restricting the nonstun, ritual slaughter of animals by the Jewish and Muslim communities to licensed butchers.  Muslims had originally challenged the law, which prohibited temporary slaughter arrangements at times of peak demand, for example, during Islamic holidays such as Eid al-Adha, in Belgian courts in 2016.

The Ministry of Justice increased its annual allocation for clergy salaries and other financial support for recognized religious groups by four million euros to 111 million euros ($4.59 million to $127.29 million).  Catholic groups once again received approximately 85 percent of the total available funding for religious groups, followed by secular humanists (8 percent) and Protestant groups (2.5 percent).  Muslims again received approximately 2.3 percent of the funding, and Jews approximately 0.9 percent.  According to the report for 2017 issued in June by the Observatory of Religions and Secularism at the Free University of Brussels, the Muslim community, contrary to other recognized religious groups, received a smaller percentage of the government’s allocation than its share of the population, and its representative body faced budget difficulties.

According to a March report by Israeli online news site Ynet News, a parent in Bruges reported to the Jerusalem-based NGO International Legal Forum that a geography textbook approved by the education ministry and used throughout the country included an anti-Semitic cartoon.  The cartoon stated that, according to Amnesty International, Israel denied Palestinians adequate access to water.  It depicted an overweight Jew with payot (sidelocks) asleep in a bathtub overflowing with water juxtaposed with an old Palestinian woman unable to fill an empty water bucket.  International Legal Forum Director Ylfa Segal wrote to the education ministry, stating, “It could scarcely be believed that in 2018 Belgian caricatures exist that scream anti-Semitism so bluntly… we demand the caricature be summarily expunged.”  Ynet News reported that in May Flemish Education Minister Julia Crevits wrote to Segal, announcing the cartoon would be removed from the next edition of the book.  The news site quoted Segal as stating, “We welcome the education minister’s understanding of the gravity of the matter and her action to expunge it.”

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.

The government approved the registration of four new religious groups:  the Slovene Islamic Community of Grace, Community of Zandernatis, Monastery Awam Gesar, and Slovene Daoists Temple of Highest Harmony.  It did not reject any registration applications.

In July the WJRO and Ministry of Justice agreed to launch a joint research project to establish the scope of heirless properties in the country seized by the Nazis or their collaborators.  The research teams commenced research in September and planned to complete their study in 2019.  Restitution efforts for property seized during the Holocaust were complicated by the period (1945-63) covered by the law on property nationalization claims, which excluded, with some exceptions, property seized from Jewish families prior to 1945.

The Office for Religious Communities reported the Muslim community had requested the government to reserve special locations in cemeteries for Muslim graves and allow gravestones to face Mecca.  Only some cemeteries allowed this practice, and some Muslim families buried their dead outside of the country.  Muslims may establish their own cemeteries, but there were no reports they had done so.  The Muslim community also requested the government make pork-free meals readily available in hospitals, schools, prisons, and other public institutions.  The Office of Religious Institutions said it planned to convene a meeting in 2019 of the Council of the Government of the Republic for Dialogue on Religious Freedom to address food service practices in public institutions.

According to the Office for Religious Communities, an inability to provide spiritual care in the military, hospitals, and other public institutions remained a problem for some minority religious communities.  While many hospitals had Catholic chapels, members of other faiths had more limited opportunities to attend collective religious services while hospitalized.  The armed forces (SAF) employed full-time Catholic and Protestant clergy to provide religious services but no Muslim imams, Orthodox priests, or Jewish rabbis.  While Muslims and Orthodox Christians in the SAF had access to their local religious communities while serving domestically, such opportunities were not always available during deployments or training abroad.  Head of the Serbian Orthodox Church in the country Obradovic attributed the SAF’s lack of Orthodox clergy to low numbers of qualified Orthodox priests in the country, rather than inadequate government support.  The Orthodox community said it was preparing two candidates for service as chaplains in the SAF by 2023.  The Ministry of Defense said the Muslim community had not made any requests for it to employ imams in the SAF.  The Jewish community did not have any rabbis in the country; a rabbi in Trieste in Italy was responsible for Slovenia.  Catholic officials said they requested the government employ an ordained bishop as a military ordinary in the SAF and expected this issue to be resolved in a future amendment to the agreement between the government and the Holy See.

According to the Slovenian Press Agency (STA), in April Igor Vojtic, Vice Chair of the Jewish Community of Slovenia, said the community was unable to receive compensation for a synagogue in Murska Sobota the communist government demolished in 1954 or secure a building for a synagogue and cultural center in Ljubljana.  Ministry of Justice officials stated it had not received any restitution claims for the Murska Sobota synagogue and the property identified by the Jewish community in Ljubljana was prime real estate with no historic ties to that community.

In April the Constitutional Court upheld the law prohibiting the slaughter of animals without prior stunning.  The Slovene Muslim Community, not affiliated with the larger Islamic Community of Slovenia, had filed a case in 2014 alleging this law violated religious freedom.  The Islamic Community of Slovenia continued to provide certificates to companies producing meat from stunned animals, confirming the meat was halal.  The country permitted imports of halal meat products.  The Jewish community also raised concerns over the prohibition and reported it imported kosher meat from neighboring countries.  The government defended the law as necessary to comply with EU regulations to prevent unnecessary suffering to animals.

Continuing confusion over the legal status of circumcision resulted in many hospitals not offering the procedure.  As a result, some Muslims and Jews continued to have the procedure performed in Austria.

Mufti Nedzad Grabus of the Islamic Community of Slovenia criticized the government’s treatment of Muslims in June at the community’s prayer for Eid al-Fitr, stating Muslims are “always being pushed towards the margins of this society.”  Among other issues, Grabus mentioned the restrictions on ritual slaughter of animals and circumcision.  He also stated the government prioritized Christian holidays over those of other faiths.

In November Janez Jansa, leader of the opposition Slovenian Democratic Party (SDS), which won a plurality of votes in June parliamentary elections, said in a speech in Helsinki that Europe faced an external threat from radical Islam.  SDS national assembly member Branko Grims said during an election campaign debate in May the EU’s future would not be dictated by the budget but rather by “illegal migrations, the process of Europe’s radical Islamization, questions of identity, preserving European culture, civilization.”

The Office for Religious Communities continued to hold workshops and other events for religious communities to address their questions and foster interfaith cooperation.  Events included hosting a state prosecutor to explain technical details of hate speech legislation and a discussion of the UN’s Plan of Action for Religious Leaders and Actors to Prevent Incitement to Violence that Could Lead to Atrocity Crimes.

In July the government approved an agreement between the United States Holocaust Memorial Museum and the Culture Ministry to grant museum representatives access to, and allow the museum to reproduce, material in Slovenia’s archives.

The government is a member of the International Holocaust Remembrance Alliance.