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France

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.

Pakistan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes Islam as the state religion but states “subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.”  A 1984 amendment to the penal code restricted the rights of members of the Ahmadiyya Muslim community to propagate their faith.  According to the constitution, every citizen has the right to freedom of speech, subject to “reasonable restrictions in the interest of the glory of Islam,” as stipulated in the penal code.  According to the penal code, the punishments for persons convicted of blasphemy include the death penalty for “defiling the Prophet Muhammad,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and 10 years’ imprisonment for “insulting another’s religious feelings.”  Speech or action intended to incite religious hatred is punishable by up to seven years’ imprisonment.  Under the 2016 Prevention of Electronic Crimes Act (PECA), the Ministry of Religious Affairs and Interfaith Harmony is responsible for reviewing internet traffic and reporting blasphemous or offensive content to the Pakistan Telecommunications Authority (PTA) for possible removal, or to the Federal Investigative Agency (FIA) for possible criminal prosecution.  In 2017 the Lahore High Court directed the government to amend PECA to align the punishments for blasphemy online with the penal code punishments for blasphemy.  At years’ end the amendment was still under consideration.

The constitution defines “Muslim” as a person who “believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad … the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet after Muhammad.”  It also states “a person belonging to the Christian, Hindu, Sikh, Buddhist, or Parsi community, a person of the Qadiani group or the Lahori group (who call themselves Ahmadis), or a Baha’i, and a person belonging to any of the scheduled castes” is a “non-Muslim.”

According to the constitution and the penal code, Ahmadis may not call themselves Muslims or assert they are adherents of Islam.  The penal code bans them from preaching or propagating their religious beliefs, proselytizing, or “insulting the religious feelings of Muslims.”  The punishment for violating these provisions is imprisonment for up to three years and a fine.  On February 7, the government of Azad Jammu and Kashmir amended its interim constitution to declare Ahmadis non-Muslim.

The penal code criminalizes “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs” and provides for a sentence of up to 10 years in prison.

A 2015 constitutional amendment allows military courts to try civilians for terrorism, sectarian violence, and other charges; this authority was renewed in 2017 for an additional two years.  The government may also use special civilian terrorism courts to try cases involving violent crimes, terrorist activities, and acts or speech deemed by the government to foment religious hatred, including blasphemy.

The constitution states no person shall be required to take part in any religious ceremony or attend religious worship relating to a religion other than the person’s own.

The constitution provides for “freedom to manage religious institutions.”  It states every religious denomination shall have the right to establish and maintain its own institutions.  The constitution states no person shall be compelled to pay any special tax for the propagation or maintenance of a religion other than the person’s own.  The government collects a 2.5 percent zakat (tax) from Sunni Muslims and distributes the funds to Sunni mosques, madrassahs, and charities.

The constitution mandates the government take steps to enable Muslims, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to promote the observance of Islamic moral standards.  It directs the state to endeavor to secure the proper organization of Islamic tithes, religious foundations, and places of worship.

The Ministry of Religious Affairs and Interfaith Harmony is responsible for organizing participation in the Hajj and other Islamic religious pilgrimages.  Authorities also consult the ministry on matters such as blasphemy and Islamic education.  The ministry’s budget covers assistance to indigent minorities, repair of minority places of worship, establishment of minority-run small development projects, celebration of minority religious festivals, and provision of scholarships for religious minority students.

The law prohibits publishing any criticism of Islam, or its prophets, or insults to others’ religious beliefs.  The law bans the sale of Ahmadiyya religious literature.

The provincial and federal governments have legal responsibility for certain minority religious properties abandoned during the 1947 partition of British India.

The constitution states no person attending any educational institution shall be required to attend religious instruction or take part in any religious ceremony relating to a religion other than the person’s own.  It also states no religious denomination shall be prevented from providing religious instruction for pupils of its denomination in an educational institution maintained by the denomination.

The constitution states the government shall make Islamic studies compulsory for all Muslim students in state-run schools.  Although students of other religious groups are not legally required to study Islam, schools do not always offer parallel studies in their own religious beliefs.  In some schools, however, non-Muslim students may study ethics.  Parents may send children to private schools, including religious schools, at the family’s expense.  In Punjab, Sindh, and Khyber Pakhtunkhwa provinces, private schools are also required to teach Islamic studies and the Quran to Muslim students.

By law, madrassahs are prohibited from teaching or encouraging sectarian or religious hatred or violence.  Wafaqs (independent academic boards) register seminaries, regulate curricula, and issue degrees.  The five wafaqs each represent major streams of Islamic thought in Pakistan:  Barelvi, Deobandi, Shia, Ahle Hadith, and the suprasectarian Jamaat-i-Islami.  The wafaqs operate through an umbrella group, Ittehad-e-Tanzeemat-e-Madaris Pakistan (ITMP), to represent their interests to the government.  The NAP requires all madrassahs to register with one of five wafaqs or directly with the government.

The constitution states “all existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah [Islam’s body of traditional social and legal custom and practice].”  It further states no law shall be enacted which is “repugnant” to Islam.  The constitution states this requirement shall not affect the “personal laws of non-Muslim citizens” or their status as citizens.  Most personal laws regulating marriage, divorce, and inheritance for minority communities date from pre-partition British legislation.

The constitution establishes a Federal Shariat Court (FSC) composed of Muslim judges to examine and decide whether any law or provision is “repugnant to the injunctions of Islam.”  The constitution gives the FSC the power to examine a law of its own accord or at the request of the government or a private citizen.  The constitution requires the government to amend the law as directed by the court.  The constitution also empowers the FSC to review criminal cases relating to certain crimes under the Hudood Ordinance, including rape and those linked to Islamic morality, such as extramarital sex, alcohol use, and gambling.  The court may suspend or increase the sentence given by a criminal court in these cases.  The FSC exercises “revisional jurisdiction” (the power to review of its own accord) in such cases in lower courts, a power which applies whether the cases involve Muslims or non-Muslims.  Non-Muslims may not appear before the FSC.  If represented by a Muslim lawyer, however, non-Muslims may consult the FSC in other matters such as questions of sharia or Islamic practice which affect them or violate their rights if they so choose.  By law, decisions of the FSC may be appealed to the Supreme Court’s Shariat Appellate Bench.

The constitution establishes a Council of Islamic Ideology to make recommendations, at the request of the parliament and provincial assemblies, as to “the ways and means of enabling and encouraging Muslims to order their lives in accordance with the principles of Islam.”  The constitution further empowers the council to advise the legislative and executive branches when they choose to refer a question to the council, as to whether a proposed law is or is not “repugnant to the injunctions of Islam.”

In the absence of specific language in the law authorizing civil or common law marriage, marriage certificates are signed by religious authorities and registered with the local marriage registrar.  The 2016 Sindh Hindu Marriage Act and the 2017 Hindu Marriage Act (applying to all other provinces) codified legal mechanisms to formally register and prove the legitimacy of Hindu marriages.  The 2016 Sindh Hindu Marriage Act also applies to Sikh marriages.  In addition to addressing a legal gap by providing documentation needed for identity registration, divorce, and inheritance, the 2017 Hindu Marriage Act allows marriages to be voided when consent “was obtained by force, coercion or by fraud.”  The 2017 Hindu Marriage Act allows for the termination of the marriage upon the conversion of one party to a religion other than Hinduism.  On August 8, the Sindh provincial government enacted amendments to its 2016 legislation allowing couples to seek divorce and granting Hindu women the right to remarry six months after a divorce or a spouse’s death.  Before the passage of the amendments in Sindh, Hindu women were not allowed to remarry as a community custom once they were widowed, and the law did not recognize the divorce of Hindu couples.

The government considers the marriage of a non-Muslim woman to a non-Muslim man dissolved if she converts to Islam, although the marriage of a non-Muslim man who converts remains recognized.  Children born to a non-Muslim couple are considered illegitimate and ineligible for inheritance if their mother converts to Islam.  The only way to legitimize the marriage and the children is for the husband also to convert to Islam.  The children of a Muslim man and a Muslim woman who both convert to another religious group are considered illegitimate, and by law the government may take custody of the children.

The constitution directs the state to “safeguard the legitimate rights and interests of minorities,” to secure the well-being of the people irrespective of creed, and to discourage sectarian prejudices.  It forbids discrimination against any religious community in the taxation of religious institutions.  The National Commission on Human Rights (NCHR), an independent government-funded agency that reports to parliament, is required to receive petitions, conduct investigations, and request remediation of human rights violations.  The NCHR is also mandated to monitor the government’s implementation of human rights and review and propose legislation.  It has quasi-judicial powers and may refer cases for prosecution but does not have arrest authority.  The 18th Amendment, passed in 2010, expanded the powers of the prime minister and devolved responsibility for education, health care, women’s development, and minorities’ affairs, including religious minorities, to the provinces.

According to the constitution, there shall be no discrimination on the basis of religion in appointing individuals to government service, provided they are otherwise qualified.  There is a 5 percent minimum quota for hiring religious minorities at the federal level.

The constitution prohibits discriminatory admission based on religious affiliation to any governmental educational institution.  According to regulations, the only factors affecting admission to government schools are students’ grades and home provinces; however, students must declare their religious affiliation on application forms.  This declaration is also required for private educational institutions, including universities.  Students who identify themselves as Muslims must declare in writing they believe the Prophet Muhammad is the final prophet.  Non-Muslims are required to have the head of their local religious communities verify their religious affiliation.  There is no provision in the law for atheists.

The NADRA designates religious affiliation on passports and requires religious information in national identity card and passport applications.  Those wishing to be listed as Muslims must swear they believe the Prophet Muhammad is the final prophet, and must denounce the Ahmadiyya movement’s founder as a false prophet and his followers as non-Muslim.  There is no option to state “no religion.”  National identity cards are required for all citizens upon reaching the age of 18.  Identification cards are used for voting, pension disbursement, social and financial inclusion programs and other services.

The constitution requires the president and prime minister to be Muslims.  All senior officials, including members of parliament, must swear an oath to protect the country’s Islamic identity.  The law requires that elected Muslim officials swear an oath affirming their belief that the Prophet Muhammed is the final prophet of Islam.

There are reserved seats for religious minority members in both the national and provincial assemblies.  The 342-member National Assembly has 10 reserved seats for religious minorities.  The 104-member Senate has four reserved seats for religious minorities, one from each province.  In the provincial assemblies, there are three such reserved seats in Khyber Pakhtunkhwa; eight in Punjab; nine in Sindh; and three in Balochistan.  Political parties elected by the general electorate choose the minority individuals who hold these seats; they are not elected directly by the minority constituencies they represent.

The country is party to the International Covenant on Civil and Political Rights (ICCPR), and maintains two reservations:  first, that ICCPR Article 3 regarding equal rights of men and women would be “applied as to be in conformity with Personal Law of the citizens and Qanoon-e-Shahadat (Law of Evidence),” under which the in-court testimony of men is given greater weight than that of women; and second, that ICCPR Article 25, on the equal right for citizens to take part in public service would be subject to articles of the constitution mandating that the president and prime minister be Muslims.

Saudi Arabia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The Basic Law of Governance establishes the country as a sovereign Arab Islamic state in which Islam is the official religion.  The Basic Law says sharia is the “foundation of the Kingdom” and states the country’s constitution is the Quran and the Sunna.  The Basic Law contains no legal recognition or protection of freedom of religion.  Conversion from Islam to another religion is grounds for the charge of apostasy, which is legally punishable by death, although courts have not carried out a death sentence for apostasy in recent years.

Blasphemy against Islam may also be legally punishable by death, but courts have not sentenced individuals to death for blasphemy in recent years.  Punishments for blasphemy may include lengthy prison sentences and lashings.  Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.

The 2017 counterterrorism law criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.”  By year’s end, authorities had not yet issued new implementation regulations, and the implementation regulations of the 2014 counterterrorism law remained in effect.  Those regulations criminalize “calling for atheist thought in any form, or calling into question the fundamentals of the Islamic religion.”  The right to access legal representation for those accused of violating the counterterrorism law is limited; according to the law, “the Public Prosecutor may, at the investigative stage, restrict this right whenever the interests of the investigation so require.”  There is no right to access government-held evidence.

The Basic Law states the duty of every citizen is to defend Islam, society, and the homeland.  Non-Muslims must convert to Islam before they are eligible to naturalize.  The law requires applicants for citizenship to attest to being Muslim and to obtain a certificate documenting their religious affiliation endorsed by a Muslim religious authority.  Children born to Muslim fathers are deemed Muslim by law.

The country is the home of Mecca and Medina, Islam’s two holiest sites.  The government prohibits non-Muslims from entering central Mecca or religious sites in Medina.  Muslims visit the cities on the annual Hajj pilgrimage and on the Umrah pilgrimage.  The government has stated that caring for the holy cities of Mecca and Medina is a sacred trust exercised on behalf of all Muslims.  The country’s sovereign employs the official title of “Custodian of the Two Holy Mosques,” in reference to the two cities.  The government also establishes national quotas for foreigners and issues permits to Muslim residents (including its own nationals) to participate in the Hajj.

Clerics are vetted and employed by the MOIA.  Only government-employed clerics are permitted to deliver sermons, which must be vetted by MOIA in advance.

Since 2016 Saudi-based clerics traveling abroad for proselytization activities must first obtain the permission of MOIA.  The stated purpose of the regulation is to limit the ability of religious scholars to travel, particularly those the government regards as having questionable credentials, and to prevent the appearance of interference, or actual interference, by Saudi-based clerics in the domestic affairs of other states.

Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali School of jurisprudence.  Private schools are not permitted to deviate from the official, government-approved religious curriculum.  Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization, or else “free time” in place of the curriculum designed for Saudi students; both courses amount to one hour of instruction per week.  Private international schools may also teach courses on other religions or civilizations.

The CPVPV is a semiautonomous government agency with authority to monitor social behavior and report violations of moral standards consistent with the government’s policy and in coordination with law enforcement authorities.  A 2016 decree limited the CPVPV’s activities to only providing counseling and reporting individuals suspected of violating the law to the police.  CPVPV field officers do not wear uniforms, but are required to wear identification badges and legally may only act in their official capacity when accompanied by regular police.  The CPVPV’s purview includes discouraging and reporting public and private contact between unrelated men and women (gender mixing); practicing or displaying emblems of non-Islamic faiths or failing to respect Islam; “immodest” dress, especially for women; displaying or selling media contrary to Islam, including pornography; producing, distributing, or consuming alcohol; venerating places or celebrating events inconsistent with approved Islamic practices; practicing “sorcery” or “black magic”; and committing, facilitating, or promoting acts, publications, or thoughts considered lewd or morally degenerate, including adultery, homosexuality, and gambling.  The CPVPV reports to the king through the Council of Ministers, and the Ministry of Interior (MOI) oversees its operations on the king’s behalf.

The judicial system is based on laws largely derived from the Quran and the Sunna, developed by fatwas issued by the 21-person Council of Senior Scholars (CSS) that reports to the king, and other royal laws and ordinances.  The Basic Law states governance is based on justice, shura (consultation), and equality according to sharia and further identifies the Quran and the Sunna as the sources for fatwas.  The law specifies a hierarchical organization and composition of the CSS, the Permanent Committee for Scholarly Research and Religious Rulings (ifta), and the Office of the Mufti, together with their functions.  The Basic Law recognizes the CSS, supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters.  The CSS is headed by the grand mufti and is composed of Sunni religious scholars and jurists, 18 of whom are from the Hanbali school of jurisprudence, with one representative of each of the other Sunni schools (Malaki, Hanafi, and Shafi’i).  There are no Shia members.  Scholars are chosen at the king’s discretion and serve renewable four-year terms, with many serving for life.

The country’s legal architecture does not derive from a common law system, and judges are not bound by legal precedent.  In the absence of a comprehensive criminal code, rulings and sentences can diverge widely.  Criminal appeals may be made to the appellate and Supreme courts, although appellate decisions sometimes result in a harsher sentence than the original court decision.  Government universities provide training in all four Sunni schools of jurisprudence, but with a focus on the Hanbali school.

In legal cases involving accidental death or injury, compensation differs according to the religious affiliation of the plaintiff.  In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, the plaintiff is entitled to receive 50 percent of the compensation a Muslim male would receive; other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.

Judges have been observed to discount the testimony of Muslims whom they deemed deficient in their knowledge of Islam, and to favor the testimony of Muslims over the testimony of non-Muslims.  Under the government’s interpretation of the Quran, judges may place the value of a woman’s testimony at half that of a man’s in certain cases.

The Basic Law requires the state to protect human rights in accordance with sharia.  The Human Rights Commission (HRC), a government entity, is tasked with protecting, enhancing, and ensuring implementation of international human rights standards “in light of the provisions of sharia,” and regularly follows up on citizen complaints.  There are no formal requirements regarding the composition of the HRC; during the year, the commission had approximately 28 members from various parts of the country, including two Shia members.

The country is not a party to the International Covenant on Civil and Political Rights.

United Kingdom

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.

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