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Brazil

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states freedom of conscience and belief is inviolable and the free exercise of religious beliefs is guaranteed.  The constitution prohibits the federal, state, and local governments from either supporting or hindering any specific religion.  The law provides penalties of up to five years in prison for crimes of religious intolerance.  Courts may fine or imprison for two to five years any individual who displays, distributes, or broadcasts religiously intolerant material; the government did not apply the law during the year.  It is illegal to write, edit, publish, or sell literature that promotes religious intolerance.

Religious groups are not required to register to establish places of worship, train clergy, or proselytize, but groups seeking tax-exempt status must register with the Department of Federal Revenue and the local municipality.  States and municipalities have different requirements and regulations for obtaining tax-exempt status.  Most jurisdictions require groups to document the purpose of their congregation, provide an accounting of finances, and have a fire inspection of any house of worship.  Local zoning laws and noise ordinances may limit where a religious group may build houses of worship or hold ceremonies.

Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters.  By law, the instruction should be nondenominational, conducted without proselytizing, and with alternative instruction for students who do not want to participate.  The law prohibits public subsidies to schools operated by religious organizations.

A constitutional provision provides the right of access to religious services and counsel individuals of all religions in all civil and military establishments.  The law states that public and private hospitals as well as civil or military prisons must comply with this provision.

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

Canada

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience, religion, thought, belief, opinion, and expression.  Every individual is equal under the law and has the right to equal protection and benefit of the law without discrimination based on religion.  The law imposes “reasonable limits” on the exercise of these religious rights only where such restrictions can be “demonstrably justified in a free and democratic society.”  The law permits individuals to sue the government for “violations” of religious freedom.  Federal and provincial human rights laws prohibit discrimination on the grounds of religion.  Civil remedies include compensation and/or changes to the policy or practice responsible for the discrimination.

The law does not require religious groups to register, but the government grants tax-exempt status to religious groups that register as nonprofit organizations with the Charities Directorate of the Canada Revenue Agency.  Nonprofit status provides such organizations with federal and provincial sales tax reductions, rebates, and exemptions.  To gain and retain tax-exempt status, a group must be nonpolitical and undergo periodic audits.  Charitable status also grants members of the clergy various federal benefits, including a housing deduction under the tax code, and expedited processing through the immigration system.  The term “clergy” includes persons whose communities have licensed, ordained, or otherwise formally recognized them for their religious leadership and authority to perform spiritual duties and services within their religious organization.  Individual citizens who donate to tax-exempt religious groups receive a federal tax receipt entitling them to federal income tax deductions.

The criminal code prohibits the practice of polygamy, which is an indictable offense subject to imprisonment of up to five years.

Government policy and practices regarding education, including regulation of religious schools, fall under the purview of the provincial, rather than federal, governments.  Six of the 10 provinces provide full or partial funding to some religious schools.

Catholic and Protestant schools in Ontario, Alberta, and Saskatchewan retain the federal constitutionally protected right to public funding they gained when those provinces joined the federation.  Other provinces either had no legally recognized denominational schools that qualified for such protection at the time of federation or accession, or they subsequently secured a federal constitutional amendment to terminate religious education funding rights and introduce an exclusively secular publicly funded education system.  Federal statutory protection for Catholic and Protestant publicly funded minority education exists in the Yukon, Nunavut, and Northwest Territories, which do not have provincial status.  Constitutional or federal statutory protection for public funding of religious education does not extend to schools of other religious groups, although British Columbia, Alberta, Saskatchewan, Manitoba, and Quebec offer partial funding to religious schools of any faith that meet provincial scholastic criteria.  The law permits parents to homeschool their children and to enroll them in private schools for religious reasons.

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

Germany

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Haiti

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for the free exercise of all religions and establishes laws to regulate the registration and operation of religious groups.  The constitution protects against being compelled to belong to a religious group contrary to one’s beliefs.  The MFA is responsible for monitoring and administering laws relating to religious groups; within the MFA, the Bureau of Worship is responsible for registering churches and other religious buildings, clergy, and missionaries of various religious denominations.  By law, the licensing of pastors, priests, and other religious leaders is a government prerogative.  To obtain a license, the prospective religious leader must submit a dossier of 14 documents to the MFA, including a diploma of theology/religious studies, a certificate of good moral conduct, and a recommendation letter signed by a registered religious institution.  Once the MFA confirms the applicant’s eligibility for a license, the individual must take an oath before an official of the Ministry of Justice.

Although Catholicism has not been the official state religion since the enactment of the 1987 constitution, an 1860 concordat between the Holy See and the state according some preferential treatment to the Catholic Church remains in effect.  The concordat gives the Vatican power to approve and select a specific number of bishops in the country with government consent.  Under the concordat, the government provides a monthly stipend to Catholic priests.  The government does not provide stipends to Episcopalian or other clergy, although both Catholic and Episcopalian bishops have official license plates and carry diplomatic passports.  The government also allows the head of the Protestant Federation to use official license plates and carry a diplomatic passport.

By law, religious institutions must register with the MFA to operate in the country and receive government benefits; however, there is no penalty for operating without registration, and many religious groups continue to do so.  Registration affords religious groups standing in legal disputes, provides tax-exempt status, and extends civil recognition to documents such as marriage certificates and baptismal certificates issued by the group.  The government recognizes these certificates as legal documents only when prepared by government-licensed clergy.  Baptismal certificates are identifying documents with legal authority similar to birth certificates.  The government does not tax registered religious groups, and it exempts their imports from customs duties.  Requirements for registration include information on the qualifications of the group’s leader, a membership directory, and a list of the group’s social projects.  Registered religious groups must submit annual updates of their membership, projects, and leadership to the MFA.  Foreign missionaries must submit registration paperwork to operate privately funded clinics, schools, and orphanages.  Foreign religious groups do not have special visa requirements.

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

United Kingdom

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future