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 shall 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 to which the country adheres, 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 ($1,700) 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. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($50,600-$84,300), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($50,600). 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. 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. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for this tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. 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 Ministry of Interior (MOI), 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition.

The law states, “Detained persons have the right to freedom of opinion, conscience, and religion. They may 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 ($8,400). 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. According to the law, 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 ($33,700) 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.

The law prohibits agents of the administration, public services, and companies or associations carrying out public services from demonstrating their religion through visible signs of religious affiliation, such as the Muslim headscarf, Jewish skullcap, Sikh turban, or Christian cross. The prohibition applies during working hours and at the place of employment.

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. The prime minister appoints the chief rabbi and the presidents of the Jewish and Protestant consistories in Alsace-Moselle, and the interior minister appoints ministers of the three Christian churches in the region. 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 from wearing visible signs of religious affiliation 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 regarding one of the four recognized faiths 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 laypersons who are trained and nominated by the respective religious groups but are paid by the state. Elsewhere in the country, 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 their 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 exempt 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.

Government Practices

On November 28, at a conference of the country’s prefects, Interior Minister Castaner announced the nationwide expansion of an initial program authorities had implemented since February 2018 to counter “Islamism and communitarianism,” the latter term referencing, according to the Observatory for Secularism, a trend for community withdrawal and separation from the rest of society, up to and including enforcement of rules specific to that community. The initial project targeted 15 communities “particularly touched by the phenomenon of political Islam,” according to Secretary of State to the Minister of the Interior Laurent Nunez in a November 15 interview. In these communities, the MOI had conducted 1,030 inspections of establishments open to the public, including pubs, cafes, and liquor stores; cultural and sports establishments; private schools; and places of worship. As a result of the inspections, during that period the MOI closed 133 drinking establishments, 13 places of worship, four schools, and nine cultural establishments because, according to Nunez in his interview, those establishments employed a “communitarian” or “political Islam” discourse that put “the laws of God before the laws of the Republic.” The government did not identify the specific sites it closed under the initial program.

The prefect of Isere, who is subordinate to the minister of interior, closed the Al-Kawthar Mosque in Grenoble for six months starting February 7. The MOI stated it closed the mosque because it posted videos on its YouTube channel that incited hatred and violence towards Christians and Jews; its imam’s sermons justified armed jihad; and the mosque was frequented by known extremists. There were no reports the mosque reopened after the six-month period. The government said it closed one other mosque and monitored 63 mosques during the year but did not identify them or provide other details. On June 13, the association Action Muslim Rights (ADM) released a report criticizing the MOI’s closures of mosques. ADM stated that while the mosques were shut down, the government did not investigate them for terrorist ties. According to the report, none of the mosques had reopened, although the law limits the closures to a period not to exceed six months.

Between January 1 and July 18, the interior ministry expelled 44 foreigners it considered radicalized, a new record, Le Point magazine reported. While the article did not cite 2018 deportations, it reported that in 2017 the country deported a total of 20 radicalized foreigners. (A 2018 report the country had expelled 300 radical imams since 2017 was incorrect.)

On October 8, as President Macron paid tribute to four victims of an insider knife attack at the Paris police headquarters, he stated the country must develop a “society of vigilance” in which citizens look out for signs of individuals being influenced by Islamist extremist networks in the fight against the “hydra” of Islamist militancy. The attacker, a police employee who had converted to Islam, had contacts with individuals believed to be linked to an Islamist Salafist movement, according to prosecutors, who also said they believed the attacker harbored work-related grievances linked to his disabilities.

In response to the same knife attack, Interior Minister Castaner spoke before the National Assembly October 8 and articulated several signs that might indicate a person’s radicalization through changes in behavior, including “rigorous religious practice, particularly exacerbated during the period of Ramadan,” “wearing a beard,” whether or not he greets a woman with a traditional kiss on the cheek, if the person “has a regular and ostentatious practice of ritual prayer,” and the presence of hyperpigmentation on the forehead, widely interpreted as a reference to the zabiba, a mark often resulting from repeated contact of the forehead with a prayer rug.

The government maintained the deployment of security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship, and increased their number from 7,000 to 10,000. After the March terrorist attacks against mosques in New Zealand, the MOI increased patrols around religious sites.

At year’s end, the Paris Appeals Court had not issued a ruling in the case of Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four and injuring 40. In 2018 investigating magistrates dismissed the court case against Diab and ordered his release. Prosecutors appealed the case’s dismissal, and the Paris Appeals Court requested additional expert testimony before ruling. Upon his release in 2018, Diab returned to Canada where he remained at year’s end.

In June police fined a group of Muslim women 35 euros ($39) each for bathing in burkinis at a municipal swimming pool in Grenoble in protest of local regulations banning the garment. Women from the same association reported the Citizen Alliance of Grenoble had carried out a similar protest “Operation Burkini” in May, which they called an “act of civil disobedience.” One of the women told the BBC they were being deprived of their civil rights and that “We must fight against discriminatory policies and prejudice in France….” Prime Minister Edouard Philippe expressed support for the mayor of Grenoble and the regulations, saying, “No citizen can be released from the respect of the law or the common regulation on the basis of his religious convictions.” Marlene Schiappa, Junior Minister of State for Gender Equality and the Fight against Discrimination, said, “There is a political message” behind the burkini, which is: “cover up.” She added, however, “Women, whatever their religion or their way of life, must be able to access municipal swimming pools.” In 2016 the Council of State, the country’s highest court on administrative matters, overturned several burkini bans on the basis that local authorities could only restrict individual liberties if there was a “proven risk” to public order. The court ruling did not overturn other anti-burkini regulations nor did it make them illegal; other anti-burkini regulations thus remained in force unless mayors or prefectures suspended them. The ruling did, however, set a legal precedent upon which persons could contest those regulations.

Jehovah’s Witnesses officials reported three cases in which authorities had interfered with proselytizing during the year. They did not provide additional details on the incidents.

According to the Ministry of Justice, as of August 2017, the latest year for which statistics were available, the penitentiary system employed the following number of chaplains: 695 Catholic, 347 Protestant, 224 Muslim, 76 Jewish, 54 Orthodox Christian, 170 Jehovah’s Witness, and 19 Buddhist. In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray. Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.

At year’s end, the government did not respond to the UN Human Rights Committee (UNHRC) following the latter’s October 2018 finding that French authorities violated the human rights of two women by fining them for wearing niqabs in two separate cases in 2012. The UNHRC gave the government a deadline of 180 days to report to it action taken to respond to the violation and prevent other such violations. According to a statement the government issued on the same day as the UNHRC ruling, the law prohibiting concealment of the face in public spaces was legitimate and did not infringe upon freedom of religion. The government added it would convey its views to the UNHRC in a follow-on report.

During an October 11 meeting of the Burgundy-Franche-Comte Regional Assembly in the central-eastern part of the country, Julien Odoul, an elected official representing the National Rally (RN) Party, told a woman who was accompanying her son on a school outing to the legislature to remove her hijab or leave. The law does not prohibit women from wearing hijabs while attending an assembly session. In response, Junior Minister Schiappa said that “it is by publicly humiliating mothers in front of their children that we create divisions” in society. Education Minister Jean-Michel Blanquer, however, said, “The law does not prohibit veiled women from accompanying children, but we do not wish to encourage the phenomenon,” which is “not in agreement with our values.” Economy and Finance Minister Bruno Le Maire stated the veil “is legal, but not necessarily desirable.” The woman filed one legal complaint against Odoul with the Dijon public prosecutor’s office for violence of a racial nature by persons of authority, and a separate legal complaint with the Paris prosecutor’s office for “incitement of racial hatred by elected officials.” The complaints were pending at year’s end.

In April the Ministry of Culture created a five-person Mission for Research and Restitution of Spoliated Cultural Property in April to seek out the rightful owners or heirs of artworks, including those in museums and galleries, stolen or sold under duress during the country’s occupation. In the spring the government transferred authority for final decisions on art restitution claims from the Ministry of Culture to the Commission for the Compensation for Victims of Spoliation, a separate administrative body reporting directly to the prime minister, in order to address criticism that museum officials would be reluctant to hand over valuable artwork. On April 1, Foreign Minister Jean-Yves Le Drian attended a ceremony returning artwork to its pre-WWII owners at the French consulate in New York.

The government continued to implement a 2018-2020 national plan to combat racism and anti-Semitism in the country, with a strong focus on countering online hate content. As part of the plan, Prime Minister Philippe awarded the first annual national anti-racism prize, named for Ilan Halimi, a young Jewish man tortured and killed in 2006. In October DILCRAH dedicated 2.3 million euros ($2.58 million) and announced a call for local projects addressing education, prevention, training, and aid for victims of racism and anti-Semitism. The government also continued with an initiative for European Union legislation to require faster removal of illegal content online; created a national reaction team to improve education countering racist and anti-Semitic behavior; funded two thesis grants annually to finance work on racism and anti-Semitism; and established an online precomplaint system for victims of discrimination or racist or anti-Semitic acts.

Prime Minister Philippe advocated for a bill requiring websites to remove “obviously hateful” content, specifically racist or anti-Semitic content, within 24 hours. Deputy Laetitia Avia introduced the draft bill at the direction of Prime Minister Philippe and as part of the 2018-2020 national plan to combat racism and anti-Semitism. The National Assembly passed the bill in July, but the senate did not vote on it by year’s end. Among other critiques on freedom of expression grounds, the European Commission published a letter November 22 raising concerns about the bill’s impact on freedom of expression and its potential conflict with European Union free speech directives. Facebook and others questioned the 24-hour window to remove content, citing the legal analysis needed to evaluate posts.

On April 2, Minister of Justice Nicole Belloubet introduced a circular, which she said was part of the effort to combat anti-Semitism, urging prosecutors to use simplified, faster procedures (such as civil referrals to block access to “hate sites”) and criminal orders (trial without a hearing) to prosecute and convict authors of “racist, anti-Semitic, and homophobic” writings.

In a September 12 speech before the Representative Council of Jewish Institutions in France (CRIF) in Bordeaux, Interior Minister Castaner detailed several government measures to fight what he called “the poison of anti-Semitism,” including enhanced surveillance of 800 places of worship, the dissolution by decree of the Council of Ministers of several neo-Nazi groups, including Bastion Social and six affiliated associations, Combat 18, and Blood and Honor Hexagon, and an increase in the government contribution for the Shoah Memorial. He repeated President Macron’s February statement that the National Assembly would take up a proposal to adopt the IHRA definition of anti-Semitism, and said, “Anti-Zionism often has nothing to do with criticism of the foreign policy of the State of Israel; it is too often aimed at people of Jewish faith. It has become a disguised anti-Semitism.”

On July 10, the Observatory for Secularism, a body composed of 15 senior civil servants, parliamentarians, legal experts, and intellectuals who advise the government on the implementation of the “principle of secularism,” released its sixth annual report evaluating secularism in schools, public spaces, and hospitals. According to the report, the subject of secularism remained a sensitive one, although “direct attacks on secularism” appeared better contained, for the third year in a row. The report credited a proliferation of training on secularism and treatment of religious subjects, as well as improved targeting of implementing partners for the training. Since 2013, the Observatory for Secularism said it had directly or indirectly contributed to training more than 250,000 persons to respond to questions of secularism in the workplace.

On April 14, a fire broke out at the Catholic Notre Dame Cathedral in Paris, destroying the roof and spire and causing extensive damage to the windows and vaulted ceilings. President Macron, Prime Minister Philippe, and Secretary of State to the Minister of the Interior Nunez visited the cathedral, which is government-owned, while the fire still burned. Paris prosecutor Remy Heitz said in a statement June 26 that a preliminary investigation found no signs the blaze was started deliberately, and that it was likely due to negligence. Macron vowed in a televised address on April 16 that the country would rebuild the cathedral in five years.

Interior Minister Castaner did not attend the iftar hosted by the French Council of the Muslim Faith (CFCM), but attended an iftar in Strasbourg hosted by the Alsace Regional Council of Muslim Faith (Alsace CRCM) on May 29. At that event, Castaner, whose ministry oversees government relations with religious communities, expressed his disappointment with CFCM for its “reluctant” approach to implementing reforms. He praised the Alsace CRCM, however, as a “laboratory of ideas for the future of Islam in France.” He lauded the “peaceful and constructive approach” of the Alsace CRCM, specifically its work on prevention of radicalization, creation of a council of imams and religious leaders, and interreligious dialogue. Attendees at the event included regional Muslim community leaders, interfaith leaders, other government officials, and the mayor of Strasbourg.

Interior Minister Castaner continued a nationwide consultation process with the Muslim community to reform the structure and the funding of Islam in the country. In his New Year’s address to CFCM at the Grand Mosque of Paris on January 23, he called for “powerful representatives” of Islam in the country, and stated, referencing the recurring “Yellow Vest” cost of living protests in the country, that he counted on Muslim leaders “to influence public debates including on nonreligious issues such as the protests”. “Islam,” he said, “like every organized religion, has its place in France. There is no incompatibility between praying to Allah and loving the Republic.” In December prefects in each department held a second round of listening sessions with local representatives from the Muslim community on issues related to institutional representation, financing of Islamic places of worship, and training of imams.

On October 28, President Macron met with Muslim leaders of the CFCM and called on them to fight Islamism and “communitarianism,” which he called a form of “separatism” in the country. He urged the CFCM to adopt clear position on issues including public wearing of the veil, women’s roles, and education in the Muslim community.

On August 29, President Macron met with the newly elected President of the Conference of Catholic Bishops of France, Archbishop Eric de Moulins-Beaufort, to discuss reconstruction of Notre Dame Cathedral, migration, relations between religions and the state, and proposed legislation on access to medically-assisted reproduction treatments. Archbishop Moulins-Beaufort expressed his concern about the proposed legislation, but said it was not the role of the bishops to prescribe political actions to Catholics. In September the archbishop stated those who were concerned about the law should protest it, but did not call on Catholics to do so. At year’s end, the national assembly passed the legislation, but the senate did not vote on it.

On September 19, Interior Minister Castaner attended the inauguration of the French Institute of Muslim Civilization (IFCM), a new national Islamic cultural center in Lyon. At the opening ceremony, Castaner spoke out against anti-Semitism, anti-Muslim sentiment, and all types of hate, and called the organization an essential initiative to fight prejudice and make Islam better understood in the country. Secretary General of the Muslim World League Mohammed al-Issa and Lyon Mayor Gerard Collomb also delivered remarks at the event. Collomb expressed his expectation that the IFCM would be “an instrument of peace.” The project was funded by one million-euro ($1.12 million) grants each from the central government, the city of Lyon, and the greater metropolitan region of Lyon, in addition to 1.5 million euros ($1.69 million) from the Muslim World League.

On January 9, Interior Minister Castaner, Justice Minister Belloubet, then-government spokesperson Benjamin Griveaux, and Junior Minister for the Disabled Sophie Cluzel attended a CRIF-organized memorial ceremony outside a Paris kosher supermarket, where four years earlier a gunman had killed four Jews and held 15 other persons hostage.

On February 20, President Macron delivered a televised speech at the annual CRIF dinner. Among the guests in attendance – who all wore badges reading “All united against Anti-Semitism” – were First Lady Brigitte Macron, former president Francois Hollande, former prime ministers Manuel Valls and Bernard Cazeneuve, 10 current cabinet members, the U.S. Ambassador, and the Israeli Ambassador. Macron stated anti-Semitism had grown and reached its worst level since World War II in the country and Europe and had gotten “worse in recent weeks.” He said he was drawing “new red lines” in the fight against hatred of Jews and announced a package of measures – some previously announced, some new – to combat the rise of anti-Semitism. Among these were that the country would define “anti-Zionism as a modern-day form of anti-Semitism,” putting it in line with the IHRA definition of anti-Semitism. The government adopted the IHRA definition based on this direction, and the National Assembly passed a nonbinding resolution adopting the definition on December 3. Macron also announced the Ministry of Education would investigate the phenomenon of parents pulling their Jewish children out of public school over fears of anti-Semitism, and the government would dissolve several far-right extremist groups.

In response to a May 13 written request from Parliamentarian Meyer Habib of the Union of Democrats and Independents Party, Interior Minister Castaner declined to prohibit regular protests in favor of BDS in Paris. The minister cited as justification the right of assembly and protest enshrined in the constitution and the European Convention on Human Rights.

Before the July 25 Europa League match between Strasbourg Racing and Haifa Maccabi (professional soccer teams from France and Israel, respectively), the local police subprefecture announced a ban on any display that could serve to identify someone as a supporter of Haifa Maccabi in key areas of Strasbourg – including in all areas in and around the stadium. The ban included not only team logos, clothing, and paraphernalia, but any “national flag” associated with the team, widely accepted as a reference to the Israeli flag. The police notice specifically stated the risk for violence, referencing that contact had been established between “violent supporters of both teams, some of whom are politicized or identified as being at the origin of manifestations of anti-Semitism.” The notice, which stated identifying as a Haifa supporter “implicated risk” to that person, was followed by an outcry on social media in both France and Israel. Critics said the ban limited freedom of expression of the potential victims of anti-Semitism rather than demanding and enforcing law-abiding behavior from all fans. Following outreach to the interior ministry by leaders of the Jewish community and to the Ministry of Foreign Affairs by the Israeli Embassy in Paris, the subprefecture issued a new notice on July 25 – just before the match – rescinding the rules.

On July 21, Minister of the Armed Forces Florence Parly held a ceremony in Paris honoring the victims of the 1942 Velodrome d’Hiver roundup in which 13,000 Jews, including 4,000 children, were deported to extermination camps. “France betrayed its own children,” Parly said in her statements, adding, “The roundup … was the work of the French government, accomplished by the French.” She also promised to take up the late 19th century Dreyfus Affair, where authorities wrongly convicted Jewish army officer Alfred Dreyfus of treason before eventually pardoning and reinstating him in the army. Parly said it was time to posthumously recognize the honor and years taken from Dreyfus and said she would take up the case “personally.”

President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions, including a February 19 visit to the Shoah Memorial, the same day thousands marched in Paris and elsewhere in protest of anti-Semitic acts; the February 20 annual CRIF dinner; the March 19 commemoration of the seventh anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 Judaism Day observance. On October 29, President Macron, along with several government officials, attended the inauguration of the European Center of Judaism in Paris. “Judaism has played a key role across the continent to build all that is thought and all that is European civilization, to fundamentally forge who we are,” said President Macron in his speech.

As part of an established exchange program, the government continued to host the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams to promote religious tolerance and combat violent extremism within Muslim communities. The imams’ countries of origin paid their salaries. During Ramadan, when there was an increased number of worshippers, between 250 and 300 imams came to the country temporarily, including 164 from Morocco.

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

Legal Framework

The constitution prohibits discrimination based on religious opinion and provides for freedom of faith and conscience, freedom to profess a religious or philosophical creed, and freedom to practice one’s religion. It 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 parents have the right to decide whether their children receive religious instruction. It recognizes the right to establish private denominational schools. The constitution guarantees the freedom to form religious societies and permits groups to 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 to provide religious services in the military, at hospitals, and in prisons.

The federal criminal code prohibits calling for violence, inciting hatred or taking arbitrary measures against religious groups or their members. 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 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.

By law, social media companies with more than two million registered users in the country must implement procedures to review complaints and remove or block access to illegal speech within seven days of receiving a complaint and within 24 hours for cases considered “manifestly unlawful.” Noncompliance may result in fines of up to 50 million euros ($56.2 million). Unlawful content includes actions illegal under existing criminal code, such as defamation of religions and denial of historic atrocities.

The law permits the federal government to characterize “nontraditional” religious groups – such as the Church of Scientology – 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 toward 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. Those applying for tax-exempt status must provide evidence they are a religious group through their statutes, history, and activities.

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 (8 percent of income tax in Bavaria and Baden-Wuerttemberg, 9 percent in the other states) on members, who must register their religious affiliation with federal tax authorities. Each state collects the tithes on behalf of the religious community through the state’s tax collection process, separately from and in addition to income taxes. 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 benefits, including 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. State governments subsidize institutions with PLC status, which provide public services, such as religious schools and hospitals. Additionally, due to historic “state-church contracts” dating back to pre-1919 Germany, 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.

Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices. Pursuant to a Federal Administrative Court decision, however, 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 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 States render decisions on a case-by-case basis. Schleswig-Holstein, Hamburg, Bremen, and Lower Saxony 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.

Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving, including by a niqab. Infractions are punishable by a 60 euro ($67) fine.

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 those without such status that have concluded a special agreement with the state granting them this right) appoint religion teachers and work with the states to ensure the curriculum is 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 by state) express an interest. Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein States also offer some religious instruction in Islam. In most of the federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. In March the Bavarian cabinet decided to expand its program, which at the time reached 16,500 pupils at 350 schools. In Hamburg and Bremen, nondenominational religious instruction is offered for all students by the Protestant Church and the state, respectively.

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 states.

The government provides annual payments to Holocaust victims and their descendants, and regularly expands the scope of these programs to broaden the eligibility requirements.

Government Practices

In February Federal Commissioner for Jewish Life in Germany and the Fight Against Anti-Semitism Felix Klein launched a nationwide online platform for reporting anti-Semitic incidents, including those that do not rise to the level of a crime. The Research and Information Center for Anti-Semitism (RIAS), a nonprofit organization that receives some federal and state funding and that had already been managing a similar service in Berlin, is responsible for running the program.

In September, in response to several anti-Semitic attacks in Berlin, Klein called for harsher penalties for such attacks. He also recommended additional training for police and prosecutors to help them recognize and appropriately deal with anti-Semitic incidents. Klein criticized the police procedure of automatically classifying anti-Semitic incidents in which the perpetrator is unknown as right-wing extremism, a practice that resulted in 89 percent of anti-Semitic incidents being classified as right-wing. Klein said the country’s Jewish community experienced more open hostility from Muslims than from right-wing extremists.

In July the federal Interior Ministry announced the creation of a new advisory committee to combat anti-Semitism. The eight-member committee has the mandate to support Klein’s work by formulating strategies to identify fields of action against anti-Semitism and to increase the visibility of Jewish life in the country.

During the year, Berlin, Brandenburg, Thuringia, Saarland, Saxony, Mecklenburg-Western Pomerania, and Lower Saxony States established state-level anti-Semitism commissioners, bringing the total number of states with such commissioners to 13 (out of 16). The responsibilities and functions of the position vary by state but generally include developing contacts with the Jewish community, collecting statistics on anti-Semitic incidents, and designing education and prevention programs. Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provides the states with greater authority to combat anti-Semitism.

All 16 state interior ministers and Federal Interior Minister Horst Seehofer presented a new plan in October to combat anti-Semitism and right-wing extremism that included a stricter weapons law, an obligation to report hate speech online, increased protection for Jewish institutions, fast-tracking anti-Semitism cases, and hundreds of new personnel positions for the federal criminal police (BKA) and the federal Office for the Protection of the Constitution (OPC – domestic intelligence agency) for such cases. Seehofer had previously advocated similar measures without success, but the attack in Halle provided new urgency and led to additional support for his plan.

On November 29 the Bundesrat (upper house of parliament) approved a motion to amend a section in the country’s penal code that includes anti-Semitism in the list of aggravating criteria, along with “racist, xenophobic, and inhumane motives,” for judges to consider in determining the severity of sentences. The previous day, Federal Justice Minister Christine Lambrecht separately said she would support such legislation. At year’s end, the Bundestag had not yet voted on the proposed change.

In May the federal parliament passed a nonbinding resolution designating the Boycott, Divestment, and Sanctions (BDS) movement against Israel as anti-Semitic. The resolution stated the government would not fund organizations that question Israel’s right to exist or actively support BDS. This resolution replaced the parliament’s January 2018 resolution to “counter” BDS.

In January Schleswig-Holstein established a new, independent “Statewide Office for Information on and Documentation of Anti-Semitism.” In March the Hesse Ministry of Education began a statewide anti-Semitism prevention project to organize workshops and training events for students and teachers. In April the Bavarian anti-Semitism commissioner established a registration office for anti-Semitic incidents, modeled after RIAS Berlin, and in November the Baden-Wuerttemberg anti-Semitism commissioner did the same.

In July Duesseldorf appointed a commissioner as part of a comprehensive plan to fight anti-Semitism, and the public prosecutor’s offices in Karlsruhe and Stuttgart added anti-Semitism officers. In July the Baden-Wuerttemberg State anti-Semitism commissioner published his first report to the state parliament, which warned of conspiracy theories targeting Jews, and detailed 87 anti-Semitic offenses in the first nine months of 2018, a 38 percent increase compared with 2017. In July the NRW State anti-Semitism commissioner presented a plan to establish a reporting office for anti-Semitic attacks. She also called for new educational programs to combat anti-Semitic attitudes and stereotypes.

According to the first annual report by Berlin Anti-Semitism Commissioner Claudia Vanoni, law enforcement authorities there initiated 386 proceedings with an anti-Semitic background during the year, 156 involving online cases. At year’s end, 169 of the overall cases were terminated because the perpetrators could not be identified, and 27 were concluded – most of which resulted in fines. Investigations in 49 cases were ongoing at the end of the year.

In May federal anti-Semitism commissioner Klein said – in response to what he stated was the rising number of anti-Semitic incidents in the county – he could “no longer recommend Jews wear a kippah at every time and place in Germany.” Many Jewish leaders in the community were supportive of Klein, but prominent politicians and national media responded negatively. Foreign Minister Heiko Maas said, “No one should ever have to hide their Jewish faith again – not in Germany nor anywhere else,” while government spokesperson Stefan Seibert said, “The state has to ensure the free exercise of religion is possible for everyone, and thus it’s the job of the state to ensure that anyone can move around securely with a kippah in any place in our country.” Klein then called on individuals everywhere in the country to wear a kippah in solidarity with Jews on June 1 during the annual anti-Israel al-Quds demonstration in Berlin.

The Alternative for Germany (AfD) party in the NRW State Parliament introduced a resolution in April 2018 to deny PLC status to the Ahmadiyya Muslim Jamaat community, which it asserted was working “towards the establishment of a theocratic order of rule.” Following a January hearing, all other parties in the state parliament rejected the motion in May, stating that only the State Chancellery had the authority to grant or reject PLC status. At the end of the year, the State Chancellery had yet to make a decision on the Ahmadiyya application, which was submitted in early 2018.

In April Rhineland-Palatinate signed a state agreement with the Muslim Alevite community outlining conditions for Alevi holidays and religious instruction in schools. Four Rhineland-Palatinate elementary schools offered Alevi religious instruction.

In June the Federal Labor Court ruled a physician employed in a Catholic hospital in Duesseldorf should not have been fired in 2009. He was dismissed because the hospital stated his remarriage without an annulment of a previous marriage was a violation of canon law. The press spokesman of the Archdiocese of Cologne said the country’s Catholic Church liberalized its labor law in 2015, and the dismissal would likely not take place today.

According to reports from the federal OPC and Scientology members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Thuringia continued to monitor the activities of the COS, reportedly by evaluating Scientology publications and members’ public activities to determine whether they violated the constitution. At least four major political parties – the Christian Democratic Union (CDU), Christian Social Union (CSU), Social Democratic Party (SPD), and Free Democratic Party (FDP) – continued to exclude Scientologists from party membership. “Sect filters,” signed statements by potential employees to confirm they had no contact with the COS, remained in use in the public and private sectors. The COS said the government also discriminated against firms owned or operated by its members.

In July the UN special rapporteurs on minority issues and freedom of religion or belief wrote the government to ask for its response to allegations of “continued use of discriminatory (sect filters) against Scientologists in government grants and employment.” In its response in September, the government cited a 1995 ruling by the Federal Labor Court that stated the COS did not qualify as a religious community under German law, COS goals were geared toward commercial activities, and the COS had “aspirations opposing the free democratic constitutional system,” making it ineligible for government grants and contracts. According to the government, the COS therefore was not eligible for religious protections and use of the sect filters was not a violation of human rights. Also in September, the COS asked the Organization for Security and Cooperation in Europe to “investigate” the practice of sect filters in the country and to “assist in promoting a real dialogue” between the COS and the government on the issue.

In May, responding to a parliamentary inquiry, the NRW State OPC disclosed it was monitoring 109 mosques for extremist activities. Based on the monitoring, authorities identified 156 individuals as “relevant persons” and 260 as “potentially dangerous.” Of these, 127 of the “relevant” and 110 of the “potentially dangerous” were considered capable of action because they were present in the country and not in detention.

Federal and state OPCs continued to monitor numerous Muslim groups, including the terrorist groups ISIS, Hezbollah, and Hamas, as well as groups such as Turkish Hezbollah (TH), Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg (IZH), the Muslim Brotherhood, Milli Gorus, and various Salafist movements. The director of NRW’s OPC stated in June that the Muslim Brotherhood was recruiting members among the refugee community and represented a “greater threat to democracy” than the Salafists.

Groups under OPC observation continued to say the OPC scrutiny implied they were extremist, and it constrained their ability to apply for publicly funded projects.

At a May 14 conference, entitled “European Network: Combating Anti-Semitism through Education,” hosted by the Ministry of Foreign Affairs, Foreign Minister Heiko Maas stated Germany would prioritize the fight against anti-Semitism when it assumes the rotating presidency of the Council of the European Union in 2020.

In June unknown perpetrators desecrated 50 copies of the Quran at Bremen’s Rama Mosque by throwing them into toilets. Bremen Mayor Carsten Sieling said the Bremen Senate was “thoroughly appalled” by the “disgusting crime,” and the Senate stood firmly with Bremen’s Muslim citizens. Local politicians attended Islamic Friday prayers to show their solidarity.

In September the Higher Administrative Court agreed to hear the city of Oer-Erkenschwick’s appeal of the 2018 decision by an Administrative Court in NRW State banning a local mosque’s outdoor amplification of the call to prayer. The case was still pending at the end of the year.

In March the Bavarian Constitutional Court upheld the state’s ban on judges and prosecutors wearing headscarves, kippahs, or crosses but found the display of crosses in courtrooms to be acceptable.

In June the Rhineland-Palatinate Superior Administrative Court overturned the city of Koblenz’s ban on burkinis, an all-encompassing swimsuit worn by some Muslim women. The court ruled the ban violated the constitution’s call for equal treatment of all persons. In July the Federal Administrative Court ruled Sikhs were not exempt from the requirement to wear a helmet while riding a motorcycle, even though helmets do not fit over their turbans.

In October the Higher Administration Court in Muenster denied state compensation to two headscarf-wearing Muslim teachers who claimed professional disadvantages because of their religious beliefs. The court determined it could not be demonstrated that the state refused to offer them employment due to religious reasons.

In March the EKD-sponsored charity Diakonie appealed to the Federal Constitutional Court to reverse a 2018 ruling by the Federal Labor Court that prevented Diakonie from denying employment to a social worker because she was not a member of a Christian church. The case was pending at the end of the year.

In January the European Court of Human Rights (ECHR) ruled German authorities at the local level did not violate a Christian family’s human rights when they placed the family’s children in foster care for three weeks in 2013. The family from Darmstadt had argued German authorities were in breach of Article 8 of the European Convention on Human Rights when they refused to allow them to homeschool their four children through a Christian distance-learning program. The ECHR ruled authorities were justified in removing the children from their home, and it was reasonable to assume the parents were endangering their children by not sending them to school because the children were isolated and had no contact with anyone outside the family.

In May Federal Minister for Migration, Refugees, and Integration Annette Widmann-Mauz called on the government to examine whether it could legally institute a ban on headscarves for children in schools. The president of the German Teachers’ Association supported a headscarf ban, calling them “hostile to integration.”

In January the state government of Baden-Wuerttemberg established a Sunni Muslim educational foundation to serve as a mediator between the state and various Islamic associations. This action followed the 2018 announcement that the Baden-Wuerttemberg State government planned to reorganize Islamic religious education in public schools. Two of the larger Muslim organizations – the Turkish-Islamic Union DITIB (connected to the Turkish government’s religious affairs ministry) and the Islamic Religious Community Baden-Wuerttemberg – refused to participate, saying they considered the arrangement unconstitutional.

In September an administrative court in Hesse State ruled state-run Islamic studies lessons in schools would be constitutional under national law. The case was in response to the state’s decision to phase out cooperation with DITIB because of its ties to the Turkish government and move to a purely state-run program.

Officials in Hesse continued to investigate a possible neo-Nazi network in Frankfurt’s police force, first discovered in December 2018. At year’s end, six police officers had been dismissed from duty as a result of the scandal. Overall, 38 officers were under investigation.

In September the Saarland State Education Ministry announced it would extend its cooperation with several Islamic associations that provide Islamic religious education in four public schools through at least 2023. The ministry also announced plans to expand the program to additional schools.

In February the Rhineland-Palatinate State youth welfare office revoked the operating license of the Al-Nur Kindergarten in Mainz – the state’s only Muslim day care center – due to its alleged promotion of Salafism and connections with extremist groups, citing the Muslim Brotherhood as an example. Al-Nur was told to cease operations by March 31, and that the city of Mainz would stop funding the facility. The Mainz Administrative Court upheld the decision, as did the Koblenz Higher Administrative Court on appeal.

In May Berlin Humboldt University, a public university, announced the initial cohort of students at its institute for Islamic theology would not be eligible to become religion teachers because the lack of Islamic religion classes at Berlin’s middle and high schools would prevent them from completing the internship required to become a teacher. These students, however, still could become imams or work in other religious capacities. The Islamic theology institute was established in the fall of 2018 to train future imams and religion teachers.

In April experts estimated NRW lacked more than 2,000 teachers for Islamic religious education. Only two universities in NRW offered courses to obtain the required teaching permit, and just 251 teachers in NRW had such a permit. There are more than 400,000 Muslim students in NRW, but only approximately 20,000 of them have received Islamic religious education.

In July the NRW state government opened a coordination office for Muslim engagement to reorganize its relations with a broad range of Muslim organizations and civil society groups. DITIB was included among the organizations, even though NRW previously ceased all cooperation with DITIB, stating it would reinstate relations only if DITIB took steps to reduce the Turkish government’s influence over its activities. At the end of the year, the state government had yet to resume any further cooperation with DITIB beyond the new coordination office.

In July the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 44 million euros ($49.4 million) in government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 480 million euros ($539.3 million) in 2019 to 524 million euros ($588.8 million) in 2020. For the first time, pension payments will be extended to Holocaust survivors’ widowed spouses, and these payments are to be applied retroactively.

The government continued to subsidize some Jewish groups. Based on an agreement between the federal government and the Central Council of Jews in Germany, the federal government contributed 13 million euros ($14.6 million) to help maintain Jewish cultural heritage and support integration and social work. In addition, the federal government provided financial support to the Institute for Jewish Studies in Heidelberg, the Rabbi Seminar at the University of Potsdam, and the Leo Baeck Institute, an international group researching the history and culture of German Jewry.

State governments continued to provide funds to Jewish communities and organizations in various amounts for such purposes as the renovation and construction of synagogues. The federal government continued to cover 50 percent of maintenance costs for Jewish cemeteries. State and local police units continued to provide security for synagogues and other Jewish institutions

According to the Humanistic Union, an independent civil liberties organization, total state government contributions during the year to the Catholic Church and the EKD totaled approximately 548.7 million euros ($616.5 million). The union said it calculated its estimate based on budgets of the 16 states.

In May the Wuppertal Regional Court fined seven men from 300 to 1,800 euros ($340-$2000) each for wearing yellow vests marked “Sharia Police” and patrolling the streets in 2014 to counter “non-Muslim” behavior. They were charged with wearing uniforms as expressions of a common political opinion. A regional court acquitted the men in 2016, but the Federal Constitutional Court reversed the acquittal in 2018. The defendants appealed to the Constitutional Court in June, and the case was pending at the end of the year.

In April media reported on a police cadet in NRW State who was fired because of his close contacts with Salafists and his extremist views. The police headquarters in Bielefeld refused to offer the Muslim man tenure as a police detective at the end of his three-year training.

The government continued the German Islam Conference dialogue with Muslims in the country, which began in 2006. The dialogue’s aim was to improve the religious and social participation of the Muslim population, give greater recognition to Muslims’ contributions to society, and – in the absence of a central organization representing all Muslims in the country – further develop partnerships between the government and Muslim organizations.

The states of Rhineland-Palatinate and Baden-Wuerttemberg held conferences for law enforcement officials in August and September, respectively, to discuss methods to better prevent and police anti-Semitism. The events were largely aimed at awareness-raising. In both states, more than 150 members of the security services, state and local governments, and the Jewish community gathered for the events.

In August media reported local authorities would not allow a Brazilian Pentecostal congregation to purchase the former Protestant church building it had been renting in Berlin since 2016 as the headquarters for the denomination’s branches in Germany and Austria. District Mayor Stephan von Dassel vowed to continue blocking the sale to the Universal Church of the Kingdom of God (UCKG), whose message he described as “People should donate a lot of money to the church, then their problems will just go away.” Von Dassel was also quoted in the media, stating, “The UCKG enriches neither our neighborhood nor its surroundings.” The most recent deed of sale specified the church could be resold only with the approval of city administrators.

In September the city of Dortmund and the national jury for the award rescinded the awarding of the Nelly Sachs Prize, one of the country’s most renowned literary prizes, to author Kamila Shamsie due to her membership in the BDS movement. Also in September, the Aachen Art Association announced it would rescind the prize it awarded to artist Walid Raad due to his support for the BDS movement, but it reversed that decision in October after determining he had not engaged in any anti-Semitic behavior. The mayor of Aachen responded to the reversal by withdrawing the city from the award ceremony and criticized Raad’s involvement in a “cultural boycott of Israel.”

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

Legal Framework

The constitution prohibits discrimination based on religion and provides for 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 constitution states no one may be compelled to testify about his or her religion or beliefs. It 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. Under the penal code, it is a crime to prevent or disrupt religious services or to offend, scorn or blaspheme religious beliefs, ceremonies, or practitioners.

A law restricts unauthorized public protest, but authorities have not enforced it or the constitutional limits on expression against religious groups.

The government does not require religious groups to register, but registering confers on religious groups certain legal benefits. Groups registered in the MOJ’s Registry of Religious Entities 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, as well as notorio arraigo (“deeply rooted” or permanent) status, allows groups to establish bilateral cooperation agreements with the state. The government maintains a bilateral agreement with the Holy See, executed in part by the Episcopal Conference. It 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” 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 of Spain 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. 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 latter 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 Foundation provides funding in support of activities that promote cultural, educational, and social integration among religious denominations that have a cooperation agreement with the state. It provides nonfinancial assistance to other religious groups to increase public awareness. The Foundation also promotes dialogue and rapprochement among religious groups and the integration of religion in society.

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 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. Members of religious groups without this status need to be married in a civil ceremony.

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 religious education 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 respective 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 may 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. Clergy of the Russian Orthodox Church, CIE, and Jehovah’s Witnesses are also eligible for social security benefits under the terms of separate social security agreements 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. Anti-Semitism is distinguished as a hate crime. 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.

Government Practices

Government and religious groups cited the ongoing political impasse, with no officially functioning government for much of the year, as an impediment to progress on issues of religious freedom, along with many others. For example, the Ministry of Justice’s Religious Freedom Advisory Committee was unable to approve its 2018 annual report on religious freedom because of the lack of an official government.

On October 1, the enrollment period during which Sephardic Jews could apply for Spanish nationality ended after nearly four years. The FCJE Director said another extension was not possible, but applicants from countries such as Venezuela, with difficult documentation verification processes, would likely be granted a reprieve. According to the Ministry of Justice, during the four years the law was in force, 132,226 persons applied for citizenship. Most of the applicants originated from Mexico (20,000), Venezuela (14,600), and Colombia (13,600). By the end of September, nearly 26,000 applications had been processed, with 4,917 approvals for citizenship. The government received more than 50,000 new applications in the last month of enrollment. FCJE Director Carolina Aisen attributed the sharp rise in applications to deteriorating humanitarian situation in countries such as Venezuela. The Jewish community said burdensome financial and administrative requirements, such as the requirement to self-fund a trip to the country for the personal interview, reduced the response to the law. In March the Latin American Jewish Congress awarded King Felipe VI the Shalom Prize for “his invaluable work that led to the restoration of civic rights for the descendants of Sephardic Jews.”

In October the European Court of Human Rights agreed to hear a complaint lodged by the Spanish Association of Christian Lawyers against an artist whose 2015 photography exhibition featured the word “pederasty,” formed by consecrated communion wafers. The Association of Christian Lawyers filed a lawsuit against the artist, alleging he committed an “offense against religious sentiments and desecration,” which is illegal under the country’s blasphemy laws. A regional court in Pamplona had previously declined to hear the case, and the country’s Constitutional Court declared it to be inadmissible.

In July the Madrid autonomous community regional Ministry of Education determined that schools had the authority to regulate students’ attire, including the hijab. The ministry responded that although there was no “specific regulation on the use of the Islamic veil” in municipal schools or institutes, schools retained the right to “exercise their organizational autonomy” in regulating a dress code. The ministry cited judicial precedents in prohibiting hijabs, provided the policy “does not violate the dignity or constitute an interference in [students’] religious freedom…and is equally applicable to all students.”

In April the interagency Religious Freedom Advisory Committee agreed to change its annual reports from a general overview to one detailing specific issues of concern. Whereas in past years the committee had reviewed the overall state of religious freedom, noted issues of concern, and approved the MOJ’s annual report on religious freedom, for 2019, it agreed to produce a report focusing on religious freedom in cemeteries, burials, the treatment of the body, and funeral rites. Committee members reported that burials and related issues generated significant complications for religious groups and were a major topic of interest to address with the government. The committee gathered input from religious groups via a questionnaire and presented the report and recommendations to the government in December. The proposals, addressed to both local and regional governments, urge greater attention to and awareness of religious diversity in order to ensure dignified burial without religious discrimination, encourage dialogue with religious faiths, and enhance the training and sensitivity of personnel who operate funeral homes. According to the MoJ, the committee’s objective in future sessions is to make concrete suggestions to the government that would be translated into regulations.

FCJE Director Aisen said the cemetery debate was a priority for several religious groups, but not a leading concern for her organization. She said FCJE was mainly concerned with the preservation of existing Jewish cemeteries and had not experienced problems negotiating with autonomous community governments for the use of parts of civil cemeteries. She noted, however, the committee’s report could help with future requests to open cemeteries.

In June the Islamic Community of Extremadura in the western part of the country signed an agreement with the autonomous government to open new plots for Islamic burials. A member of the Badajoz municipal government of the Vox political party denounced the decision, stating it was not necessary and that he was “not in favor of creating ghettos in a cemetery that is nondenominational.”

The government exhumed the body of former dictator Francisco Franco from its resting place in the Valley of the Fallen Basilica on October 24, pursuant to a September Supreme Court ruling. Franco’s remains were transported by helicopter and reburied at El Pardo-Mingorrubio cemetery, north of Madrid, despite the insistence of Franco’s family that the remains be interred in a cathedral, and not in a cemetery. The prior of the Valley of the Fallen mausoleum initially threatened to restrict access to the basilica housing Franco’s remains, but he acquiesced when the secretary general of the Episcopal Conference of Spain, Luis Arguello, declared the Spanish Church would “respect the decision of Spanish authorities and would therefore not oppose the exhumation of Franco.” The OLRC said it did not consider removing Franco’s remains from the Valley of the Fallen as an attack on religious freedom.

In March the Huesca Prosecutor’s Office ruled against intervening in the case of a Jehovah’s Witness who had declined a blood transfusion while in intensive care. The woman had been placed in a medically induced coma for three weeks after developing an infection following an appendectomy. The Prosecutor’s Office ruled the woman was of legal age (20) and entitled to decide on her own medical treatment. In August a chamber of the Constitutional Court ruled against the country’s social security administration argument that a Jehovah’s Witness’ refusal to receive a blood transfusion was counter to laws protecting the “preservation of the patient’s life.” The court ruled “a patient’s right to autonomy must be respected as long as [he/she] is not faced with a hypothesis of extreme gravity or imminent danger of death, in which case the right to life will prevail.”

The Department of Religious Affairs of the Catalan regional government, with the support of its Advisory Council for Religious Diversity, provided guidance and financial support to religious communities; disseminated information and knowledge on religious diversity; and worked on a map on the state of religious freedom in the region to update its 2018 report.

Several religious groups, especially Protestant ones, said burdensome and unequal regulations remained a principal obstacle to religious groups seeking licenses or permits for places of worship. For example, FEREDE cited continuing difficulties adhering to laws governing sound levels in places of worship. Although the government repealed certain laws to limit authorizations needed to open new places of worship, Bueno said municipal governments often imposed onerous regulations that require religious centers to maintain the same acoustic standards as bars and nightclubs. According to Calvo, such requirements, which are technically difficult to meet, made opening new centers of worship excessively expensive.

Several religious groups cited continuing obstacles to providing religious education and the integration of teachers of religion in schools. FEREDE reported it had developed an agreement with the government for a recognized master’s degree program in evangelical religious education, but political paralysis prevented it from being officially sanctioned.

Religious groups declared there was also a continued lack of information on classes or enrollment options for students. CIE stated that only six autonomous communities and Ceuta and Melilla had Islamic studies educators, despite the availability of eligible instructors in every region. In the Basque Country, there were reports some schools had actively discouraged parents from seeking Islamic classes for their children. In October the regional Ministry of Education of Baleares (Balearic Islands) and the CIE signed an agreement by which 10 schools will include the teaching of Islam in their curricula starting in the 2020-21 school year.

There were no Jewish religious education classes in public schools, and FCJE reported schools were usually unaware of Jewish holidays provided for in the accord between FCJE and the state. The Church of Jesus Christ in 2018 proposed the right of religious education in public schools be extended to all religious groups with notorio arraigo status, not just to groups with agreements with the state. Jehovah’s Witnesses representatives said they chose not to seek their own religious instruction in schools, since they believed that religious training was the responsibility of the individual.

Nearly 60 associations, educational unions, and political parties presented a petition in April demanding an end to religious instruction in public schools. The statement criticized “religious indoctrination” financed with public funds and called on the government to repeal its agreements signed with the Vatican in 1979 and with other religious denominations that contained references to education. The document was signed by officials from the Podemos, United Left, ERC, and Communist parties, as well as members of the Workers’ Commissions, Lay Europe, the Student Union, and the Christian Networks associations.

In June the Council of the European Union sponsored a workshop in Madrid on best practices for combating racism and anti-Muslim sentiment. The objective of the workshop was to foster concrete cooperation between public authorities and civil society organizations, with the goals of tracking anti-Muslim hate crime data and support to victims; responding to anti-Muslim rhetoric and “Islamophobic narratives” in public opinion, politics, and the media, in particular online; and addressing discrimination against Muslims, especially women, in access to jobs and services.

Holocaust education in secondary school curricula continued in accordance with an MOE mandate contained in two royal decrees. The subject was included in a fourth-year compulsory geography and history class and a first-year contemporary world history class. A 2017 agreement between the FCJE and MOE to train teachers on the Holocaust, Judaism, and anti-Semitism remained in force, and the Sefarad-Israel Center took responsibility for its implementation. During the summer, the center organized a seminar for 24 teachers at the Yad Vashem World Holocaust Remembrance Center in Jerusalem.

The former Israeli ambassador to Spain told the media the country could not be considered anti-Semitic, but there are sectors where prejudice still existed, and extreme anti-Israel sentiments are found in some political circles.

In January in conjunction with the FCJE, the Senate commemorated International Holocaust Remembrance Day in a ceremony led by the president of the Senate which included speeches by the minister of justice, minister of foreign affairs, and FCJE president. Senators, members of the Jewish Communities led by Rabbi Moshe Bendahan, and diplomats also took part. In addition, the President of the Roma community and the vice president of the Friends of Mauthausen organization gave speeches in the memory of Holocaust victims. In April the government approved an executive decree establishing an annual commemoration for Spanish victims of the Holocaust. In May the minister of justice visited the Mauthausen concentration camp “to honor and recognize the injustice caused by the exile of many Spaniards and their internment in Nazi concentration camps.”

The FCJE estimated there were very few survivors of the Holocaust residing in the country and said for this reason, the government only considered restitution on a case-by-case basis. The FCJE reported no restitution cases during the year. In April a U.S. court ruled that the Thyssen Museum in Madrid had legal ownership of a Camille Pisarro painting originally owned by a Jewish woman, Lilly Cassirer, and extorted from her by Nazi officials in return for safe passage from Germany in 1939. The court ruled the plaintiffs failed to demonstrate that Baron Thyssen Bornemisza, who donated the painting to the museum, had actual knowledge the painting was stolen. In his decision the judge wrote the court had “no alternative but to apply Spanish law and cannot force the Kingdom of Spain or the Thyssen Museum to comply with its moral commitments.” The Cassirer family was likely to appeal the ruling, according to media reports.

The Movement Against Intolerance, a non-religiously affiliated NGO that compiles instances of religiously motivated hate crimes, criticized government and religious leaders for not working together to combat all forms of religious intolerance. Director Esteban Ibarra again stated the authorities should apply the criminal code pertaining to religiously motivated crimes more widely and public prosecutors and police remained unprepared to combat religious intolerance. Ibarra also pointed to a lack of preventive education in schools. According to Ibarra, anti-Semitism and anti-Muslim sentiment were on the rise, partly due to the actions of some members of political parties on the far left and right, such as Podemos and Vox. Ibarra said although membership in ultraright parties remained small, they had gradually expanded their online and public presence over the previous year, including through public meetings, marches, and statements in the press. Ibarra stated that support for Boycott, Divestment, and Sanctions (BDS) policies among some parties like Podemos contributed to the further isolation of Israel and an increase in anti-Semitism. FEREDE proposed the government create a hotline for victims of religious persecution and hate crimes.

The Foundation provided training on preventing anti-Islamic sentiment and other forms of religious discrimination and worked with the Ramon Llull University to provide knowledge, tools, and spaces to counteract it in online and offline spaces.

Despite a 2017 Supreme Court ruling making government pension eligibility requirements for Protestant clergy the same as those for Catholic priests, no Protestant clergy had yet begun receiving a government pension because the ruling was not retroactive. The government did not issue a royal decree, per FEREDE’s request, to allow retired Protestant clergy to collect pensions from their time in service prior to 1999 and to allow survivor benefits for spouses and children of clergy.

The Catholic Church remained the only religious entity to which persons could voluntarily allocate 0.7 percent of their taxes. Other religious groups were not listed on the tax form as potential recipients of funds. FEREDE and CIE requested that the government include the option in tax forms to donate 0.7 percent of taxes to other, non-Catholic, groups. This was FEREDE’s and CIE’s second such request since 1999. Several religious groups, including Protestants, Muslims, Buddhists, and the Church of Jesus Christ, continued to express their desire to have their groups included on the tax form. The tax designation yielded 267.8 million euros ($300.9 million) in donations to the Catholic Church in 2018, according to news reports.

Representatives of FEREDE, CIE, and FCJE continued to state they did not receive all of the benefits to which they were entitled under their cooperative agreements with the government. As an example, they cited their inability to make use of the same tax allocation financing system the Catholic Church used. These groups say they would prefer to collect voluntary funds from taxpayers without preconditions as the Catholic Church does, and not to have to depend on the Foundation, which has very specific conditions for the use of its funds. In November CIE President Riay Tatari formally requested from the MOJ the ability to receive funding through income tax returns, similar to the country’s agreement with the Catholic Church.

Many religious groups, such as FEREDE, CIE, and FCJE, said they relied on government funds, provided through the Foundation, to cover their administrative and infrastructure costs. The Ministry of Justice continued to allocate funding to different groups according to the number of registered entities and the approximate number of adherents. Religious representative bodies, such as FEREDE, CIE, and FCJE, received funding from the Foundation. In addition to infrastructure and administrative funding, the Foundation funds also cover small publicity projects and research projects. CIE reported the funding it receives from the Foundation was insufficient for the group’s needs. FEREDE reported that Foundation funds were used to finance its small projects, but burdensome requirements made it more difficult to apply for these funds.

During the year FEREDE received 462,000 euros ($519,000), FCJE received 169,405 euros ($190,000), and CIE received 330,000 euros ($371,000). In 2018, these three groups received a total of 780,000 euros ($876,000), approximately 180,000 euros ($202,000) more than the current year. The Foundation also provided 205,957 euros ($231,000) in small grants to dozens of local religious associations for educational and cultural projects aimed at promoting religious integration, 71 percent more than in 2018 (120,000 euros).

Numerous local, municipal, or provincial governments continued to pass resolutions supporting the BDS movement against Israel. Such resolutions usually entailed a nonbinding declaration calling on the central government to “support any initiative promoted by the international BDS campaign” and to “suspend relations with Israel until that country stops its criminal and repressive policies against the Palestinian population.” Some pro-BDS-movement legislation also contained language in support of a “space free of Israeli apartheid.” In June a court declared that a measure passed in support of BDS by the Valencia city council had violated the fundamental right to equality in the constitution, since it included ideological criteria in the selection of contractors for the municipality. In September a Pamplona court ruled its municipal government had “violated the principles of neutrality and objectivity that must govern the management of the public interest” when it adopted a pro-BDS measure in 2018. The court also determined the BDS declaration “creates an unjustified discrimination against the State of Israel and Israelis; a discrimination that violates the right to equality expressed in Article 14 of the Spanish Constitution.” In September a court ordered Cadiz Mayor Jose María “Kichi” Gonzalez to appear in his personal capacity on charges of perpetrating a hate crime against Israel. The case related to an incident from 2016, when the Cadiz municipal government pledged support to a network of “Israeli apartheid-free municipalities.” In 2017, a local court ruled that the Cadiz municipal government’s support for BDS policies went against the constitution.

The city of Barcelona’s Office for Religious Affairs supported religious community activities, including by facilitating and promoting their religious celebrations; provided grants for their projects; and gave guidance on the establishment of places of worship. The municipal government also led training events on the right to religious freedom and religious diversity to municipal employees, as well as to schools and to the public at large.

The Office of Religious Affairs continued to maintain an online portal for information to aid new immigrants or citizens moving into a community to find his or her locally registered religious community and place of worship. The MOJ stated the tool provided no personally identifiable information and complied with laws protecting personal information.

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

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 others 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 speech 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. 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 does 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. A representative of the congregation, for example, a proprietor, trustee, or religious head, must complete and submit an application form and pay a fee of 29 pounds ($38) to a local registrar. The General Registrar Office typically provides registration certificates to the local superintendent registrar within 20 working days. 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. The law only applies in England and Wales and does not cover the Church of England or Wales.

The law requires religious education (RE) and worship for children between the ages of three and 18 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, and in England and Wales, students may opt out themselves at age 14, although religious worship continues until students leave school at either age 16 or 18. State schools that are not legally designated as religious 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. All schools not designated as religious, whether private or state-run, must maintain neutrality in their interpretation of the RE syllabus and must avoiding presenting one faith or belief as greater than another.

State schools in England and Wales that are not legally designated as religious 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. State schools not designated as religious are free to hold other religious ceremonies as they choose.

The government requires schools to consider the practices of different religious groups when setting dress codes for students. This includes wearing or carrying specific religious artifacts, not cutting hair, dressing modestly, or covering the head. Guidance from the Department of Education requires schools to balance the rights of individual students against the best interests of the school community as a whole; it acknowledges schools could be justified in restricting individuals’ rights to manifest their religion or beliefs when necessary, for example, to promote cohesion and good order.

In Scotland only denominational (faith-based) schools practice daily collective prayer or worship; however, religious observance at least six times per year 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 and Easter. Parents may 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 it 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 or 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 be selective 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.

Government Practices

In July then-prime minister May appointed Lord John Mann as the government’s Independent Advisor on Anti-Semitism. Then-prime minister May created the position to address reports of rising anti-Semitism in the UK. Lord Mann is responsible for providing the Ministry of Housing, Communities, and Local Government with independent advice on the most effective methods to tackle anti-Semitism. Lord Mann was charged with collaborating with the UK’s special envoy for post-Holocaust issues and the Special Envoy for the Freedom of Religion and Belief to ensure a consistent approach across domestic and international policy and efforts on anti-Semitism. In addition to speaking publicly and making statements to the media on prominent cases of anti-Semitism, he partnered with several organizations to raise awareness of anti-Semitism in the UK, including the Chelsea Football Club’s Say No to Anti-Semitism Campaign. In August new Home Secretary Priti Pratel told the media that she would “stand up to the threat of anti-Semitism” in the country.

In July Imam Qari Asim, Deputy Chair of the government’s Anti-Muslim Hatred Working Group, was appointed independent advisor to lead work to propose a definition of Islamophobia. The stated purpose of the appointment was to help strengthen government efforts to combat anti-Muslim sentiment by developing a formal definition of “Islamophobia” after an existing definition came under question for potentially undermining freedom of speech. The Anti-Muslim Hatred Working Group was established in 2012 to develop and implement proposals to address anti-Muslim sentiment in the country. The working group is the government’s main forum for discussing issues of concern with Muslim leaders and the communities whose interests they represent and convey. It both disseminates and provides feedback on key policy messages and approaches. The group is made up of representatives from Muslim communities, independent experts, academics, and a range of government departments, including the Attorney General’s Office, the Crown Prosecution Service, the FCO, and the Home Office.

In September the Johnson government appointed Member of Parliament (MP) Rehman Chishti as the new prime minister’s special envoy for freedom of religion or belief. The special envoy was given a mandate to coordinate religious freedom efforts across the government, faith actors, and civil society; advocate for the rights of all individuals who are being discriminated against or persecuted because of their faith or belief; and promote the country’s stance abroad in favor of religious freedom. Special Envoy Chishti was charged with leading the implementation of recommendations from the independent review into FCO’s support for persecuted Christians.

In January, then-foreign secretary Jeremy Hunt commissioned an independent report into the persecution of Christians worldwide and requested the Bishop of Truro conduct the research. The final report, released in May, stated, “Christianity is by most calculations the most persecuted religion of modern times.” In addition to implementing the report’s recommendations, the FCO team overseeing freedom of religion and belief was directed to “make freedom of religion or belief central to the FCO’s culture, policies, and international operations.”

In August Lord Ahmad, then serving as the prime minister’s special envoy on freedom of religion or belief, read a statement from the prime minister at the UN General Assembly in which he underlined the country’s commitment to freedom of religion or belief. The statement said, “Freedom of religion or belief is at the heart of what the UK stands for. We will do everything possible to champion these freedoms and protect civilians in armed conflict, including religious, ethnic, or other minorities.”

The law continued to require religious accommodation for employees when it considered such accommodation feasible. The prison service recognized the rights of prisoners to practice their faith while in custody. The pastoral needs of prisoners were addressed, in part, through chaplains paid for by the Ministry of Justice, rather than by religious groups. All chaplains worked as part of a multifaith team, the size and breakdown of which was determined by the size of the prison and the religious composition of the prisoner population. Prison service regulations stated that “…chaplaincy provision must reflect the faith denomination requirements of the prison.”

The military generally provided adherents of minority religious groups with chaplains of their faith. There were approximately 240 recruited chaplains in the armed forces, all of whom were Christian. The armed forces also employed five civilian chaplains as full-time civil servants to care for Buddhist, Hindu, Sikh, Jewish, and Muslim recruits. The Armed Forces Chaplaincy Policy Board was reviewing provision of chaplaincy for personnel of these religions and considering employing suitable chaplains in the reserve forces.

As of January there were 6,802 state-funded faith-based schools in England, representing 34 percent of all state-funded mainstream schools and serving approximately 1.9 million students. Of these, 6,179 were primary schools (ages three through 11), representing 37 percent of all state-funded primary schools, and 623 secondary schools (ages 11 through 16), representing 19 percent of all state-funded secondary schools. Church of England schools were the most common type among primary schools (26 percent); Roman Catholic schools were the most common at secondary level (9 percent). Additionally, at the primary and secondary levels, there were 72 “other Christian,” 36 Jewish, 25 Methodist, 14 Islamic, six Sikh, five Hindu, and two multifaith state-funded faith schools. There were 370 government-funded denominational schools in Scotland: 366 Catholic, three Episcopalian, and one Jewish. The government classified schools with links to the Church of Scotland as nondenominational.

In October the Welsh government launched an eight-week public consultation on proposals relating to the future of RE and Relationships and Sexuality Education (RSE). Proposed changes include renaming the RE and RSE lessons “Religions and Worldviews” and removing the parental right to withdraw children from the lessons. The Welsh action followed a 2018 report by the Commission on Religious Education that recommended reform of RE in England, Scotland, and Wales, including a name change to “Religion and Worldviews.” The 2018 report followed a 2015 high court ruling that as part of the General Certificate of Secondary Education (a nationwide syllabus and academic qualification pursued by all students 14-16), schools (other than faith schools) must teach all religious and nonreligious world views without bias.

The Conservative Party faced allegations of anti-Muslim sentiment and anti-Semitism. During the Conservative Party leadership contest in June, candidate Sajid Javid in a televised leadership debate urged his rivals to pledge an independent investigation into “Islamophobia within the party;” which they all agreed to do. In November PM Johnson apologized publicly for Islamophobia in his party and said an earlier inquiry into all forms of discrimination in the Conservative Party would continue. Shortly after the general election in December, PM Johnson appointed a psychiatry expert, Professor Swaran Singh, to investigate how the party handled complaints of discrimination. Singh is a former Commissioner of the Equality and Human Rights Commission (EHRC), the country’s semi-governmental human rights watchdog. Then-Conservative Party chairman James Cleverly said Singh’s appointment would help the party “stamp out unacceptable abuse.” The Muslim Council of Britain (MCB) stated it was angered by the broad scope of the investigation into “discrimination” rather than specifically into Islamophobia and accused PM Johnson of breaking his promise. MCB General Secretary Harun Khan commented, “This appointment is at risk of being seen in the same light as the Conservative Party’s customary approach to Islamophobia, that of denial, dismissal, and deceit,” adding, “We were promised an independent inquiry into Islamophobia specifically.” The inquiry did not begin by year’s end.

In September during a session of prime minister’s questions on the floor of the House of Commons, Labour MP Tanmanjeet Singh Deshi publicly called on PM Johnson to apologize for his comments about Muslim women in a 2018 opinion article. Johnson did not do so. In November, when asked by media if he apologized for the Islamophobia that existed in the Conservative Party, PM Johnson replied, “Of course, and for all the hurt and offence that has been caused.”

In September the Conservative Party suspended several members, including at least one official, who posted or endorsed anti-Muslim comments on Twitter, one of which stated Islam was “the religion of hate.” The BBC highlighted 20 new cases to the party. While the number of suspensions was not revealed, the party told media that those found to be party members were suspended immediately, pending investigation. After calling for the Conservatives to launch an independent investigation into the alleged Islamophobia since 2018, in May the MCB formally asked the EHRC to open an inquiry. By year’s end, the EHRC did not take action.

Members of the Muslim community in Northern Ireland expressed concern that they could not apply for funding from the UK government’s “Places of Worship Protective Security Scheme” because Northern Ireland is not included in the plan. They pointed to attacks on mosques in recent years as evidence that funding is needed to increase security. Leaders of the Belfast Islamic Centre reported excellent relations with local Police Service of Northern Island (PSNI), which they said reliably responded to calls and provided additional security at mosques during periods when mosques had additional worshippers, including Ramadan.

In October Conservative MP Crispin Blunt suggested in an interview that the British Jewish Community demanded “special status” regarding circumcision and ritual slaughter. Blunt supported calls for eliminating subsidies to the CST, an organization that provided security for the British Jewish communities and reported anti-Semitic incidents in the country. When questioned by the Jewish Chronicle, Blunt said the “Jewish community has a special place in Britain” and while the CST “does a good job in protecting” British Jews, his “anxiety is that we have got to get to where faith and non-faith communities all feel secure.” He added the country needed to get to “a place where the Jewish community does not feel the need to have its own security.”

CST recorded over 100 anti-Semitic incidents monthly during the year. The highest single monthly totals came in February and December and, according to CST, coincided with months when anti-Semitism within the opposition Labour Party was under particular scrutiny and the party and its leader, Jeremy Corbin, faced further allegations of anti-Semitism. The CST stated it was “hard to precisely disaggregate the impact of the continuing Labour anti-Semitism controversy upon CST statistics, but it clearly has an important bearing.”

A poll commissioned by the Jewish Leadership Council in March found 87 percent of Jewish adults in the country viewed Jeremy Corbyn as anti-Semitic, compared to just 1 percent for former Prime Minister Theresa May and 21 percent for the leader of the far-right UK Independence Party, Gerard Batten. The same poll found 42 percent of respondents would “seriously consider emigrating” if Corbyn became Prime Minister.

In May the EHRC launched a formal investigation into whether the Labour Party had “unlawfully discriminated against, harassed, or victimized people because they are Jewish.” This was only the second such EHRC formal investigation taken against a political party. According to media reports, the EHRC opened the investigation based on complaints from party members, including Jewish members of parliament, about anti-Semitism within Labour. In a press statement, the EHRC said the party had committed to fully cooperate with the investigation. A party spokesperson reiterated Labour’s intention to assist the investigation and rejected “any suggestion that the party does not handle anti-Semitism complaints fairly and robustly.” The announcement was welcomed by the Campaign Against Anti-Semitism, the NGO that first referred the Labour Party to the EHRC in July 2018. At year’s end, the EHRC did not release any interim findings of its investigation.

In October the Jewish Labour Movement (JLM), an organization affiliated with the Labour party, announced its refusal to campaign for Labour in the event of a general election, and it carried out this pledge in the approach to the December 12 general election. The JLM cited a “culture of anti-Semitism,” but said it intended to remain affiliated to the party to “fight racism, rather than disaffiliate.” The JLM adopted a policy to campaign for certain Labour candidates who “have been unwavering in their support” for JLM.

Three weeks prior to the general election in December, spiritual leader of the nation’s Orthodox Jews Ephraim Mirvis wrote in The Times that the Jewish community was deeply anxious about the prospect of Jeremy Corbyn becoming prime minister if Labour won because he had failed to stand up to anti-Semitism, including in his own party. The same day Mirvis’ commentary appeared, Archbishop of Canterbury Justin Welby posted on Twitter, “That the Chief Rabbi should be compelled to make such an unprecedented statement at this time ought to alert us to the deep sense of insecurity and fear felt by many British Jews.”

During the general election campaign, the Scottish National Party suspended its candidate for Kirkcaldy and Cowdenbeath, Neale Hanvey, over anti-Semitic social media posts. Hanvey remained on the ballot as the party’s candidate because the suspension came too late for changes to be made. He was elected with a majority of 1,243 votes and will sit as an independent Member of Parliament until a disciplinary process is completed. Obervers stated that his election is thought to be the first time a candidate who was dropped by his party was elected as an independent.

In May vandals drew a 30-foot swastika on the side of the East London warehouse of Brexit Party candidate for the European Parliament and Jewish businessman Lance Forman, whose father was a Holocaust survivor. Police investigated the incident, but no arrests were made.

In March an Iranian Christian who said he converted to Christianity because it was a peaceful faith was denied asylum after a Home Office official used the Bible to argue that Christianity was violent and denied the applicant’s request. The Independent reported the refusal letter cited several biblical passages, including the book of Revelation, to say the Bible was “inconsistent” with the asylum seeker’s claim. The refusal letter said, among other things, “These examples are inconsistent with your claim that you converted to Christianity after discovering it is a ‘peaceful’ religion, as opposed to Islam, which contains violence, rage, and revenge.” The Home Office then said the case of the Iranian Christian did not follow proper procedure and the asylum request was being reconsidered, with a resulting withdrawal of its refusal and a commitment to reconsider the application.

In March the Northern Ireland Humanists group publicly called for the repeal of the region’s 1891 and 1888 blasphemy laws. The Catholic Church and the Irish Council of Churches responded by referring to a 2013 statement acknowledging “that the current reference to blasphemy is largely obsolete” and suggesting new legislation against discrimination and hate crimes could be introduced to provide more effectively for the freedom of individuals to practice their faith openly. All major political parties declared support for repeal, except for the Democratic Unionist Party, which stated antidiscrimination and hate crime legislation did not provide adequate protection for Christians.

In June the Northern Ireland Department of Justice requested a judicial review of hate crime legislation in Northern Ireland. At year’s end the review was ongoing, with a full report due in May 2020. Northern Ireland was the only part of the country that did not have specific hate crime laws; rather, current legislation allowed for increased sentencing if offenses were judged motivated by hostility based on race, religion, disability, or sexual orientation. Crown Court Judge Desmond Marrinan led the independent review with the goal of extending coverage to marginalized communities currently not protected by legislation, including those discriminated against because of age and gender.

On July 30, the House of Commons Foreign Affairs Select Committee launched an inquiry entitled, “Human Rights: Freedom of religion and belief, and human rights defenders.” The inquiry examined the FCO’s human rights programs and priorities, with a focus on freedom of religion and belief, and the work of human rights defenders overseas. The inquiry remained open to public input at year’s end.

In May then-prime minister May and several former prime ministers backed a proposal for a new Holocaust Memorial and Learning Centre to be constructed in Victoria Tower Gardens, adjacent to the Houses of Parliament. The government committed 25 million pounds ($32.98 million) to the project, which was matched by a contribution from a newly established charity for the purpose. At year’s end, the project was pending approval by the local planning authority and Westminster City Council.

In September the Foundation for Jewish Heritage bought a former synagogue in Merthyr Tydfil, South Wales with a grant from Cadw, the Welsh government’s historic environment service. Cadw contributed 44,000 pounds ($58,000), equating to 55 percent of the overall costs, towards the purchase of the building, which will be transformed into a Jewish Heritage Center.