Legal Framework
The constitution provides for the free exercise of all religions as long as that exercise does not contravene other laws or public order. The constitution prohibits religious leaders from holding public office or making political statements.
Religious organizations may register as legal entities classified as religious associations. Organizations seeking status as a legal entity must apply to the Ministry of Governance, Justice, and Decentralization and provide information on their internal organization, bylaws, and goals. Approved organizations must submit annual financial and activity reports to the government to remain registered. They may apply to the Ministry of Finance to receive benefits, such as tax exemptions and customs duty waivers. Unregistered religious organizations do not receive tax-exempt status. The official nongovernmental and religious organization registry office – the Directorate of Regulation, Registration, and Monitoring of Civil Associations (DIRRSAC) – is located within the Ministry of Governance, Justice, and Decentralization.
The law criminalizes discrimination based on religion and includes crimes committed against individuals because of their religion as aggravating circumstances that may increase penalties for criminal offenses.
The constitution states public education is secular and allows for the establishment of private schools, including schools run by religious organizations. Public schools do not teach religion; however, private schools may include religion as part of the curriculum. Various religious organizations, including the Catholic Church, Seventh-day Adventist Church, and evangelical Protestant churches, operate schools. Parents have the right to choose the kind of education their children receive, including religious education. The government dictates a minimum standardized curriculum for all schools. Some private religiously affiliated schools require participation of all students, regardless of religious affiliation, in religious studies classes or events to graduate.
The government requires foreign missionaries to obtain entry and residence permits and mandates that a local institution or individual must sponsor a missionary’s application for residency and submit it to immigration authorities. The government has agreements with the Evangelical Fellowship of Honduras (CEH), Church of Jesus Christ, and Seventh-day Adventists, among others, to facilitate entry and residence permits for their missionaries. Groups with which the government does not have written agreement are required to provide proof of employment and income for their missionaries.
Foreign religious workers may request residency for up to five years. To renew their residence permits, religious workers must submit proof of continued employment with the sponsoring religious group at least 30 days before their residency expires. According to immigration law, individuals who “fraudulently exercise their religious profession or office or commit fraud against the health or religious beliefs of citizens of the country, or the national patrimony” may be fined or face other legal consequences.
The criminal code protects clergy authorized to operate in the country from being required by the court or the Attorney General’s Office to testify regarding privileged information obtained in confidence during a religious confession. The law does not require vicars, bishops, and Archbishops of the Catholic Church and comparably ranked individuals from other legally recognized religious groups to appear in court if subpoenaed. They are required, however, to make a statement at a location of their choosing.
The official regulations for the penal system state that penitentiaries must guarantee the free exercise of religion without preference for one specific religion, so long as the kind of worship is not against the law or public order. Prisoners have access to religious counseling from leaders of their faith.
While the government authorizes clergy from all religious groups to conduct marriage ceremonies, by law it recognizes only civil marriages conducted with a lawyer authorized to perform marriage ceremonies.
The official work week is Monday to Saturday, with no exceptions for religious groups that celebrate Friday or Saturday as their Sabbath.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
During the year, the DIRRSAC registered 54 religious associations of a total of 159 applications, compared with 151 associations registered and 208 applications in 2021. According to the DIRRSAC, it did not deny any registration requests by religious associations during the year, and 105 applications continued to be under review through year’s end.
Representatives of the Seventh-day Adventist Church continued to express concern that some schools, including the Francisco Morazán National Pedological University, and other public institutions did not grant them leave to observe their Sabbath on Saturday because Saturdays were part of the official work week. They said the Supreme Court had ruled favorably in 2019 on a constitutional challenge that Seventh-day Adventist students filed in 2015 seeking alternatives to taking classes or exams on Saturdays, but certain universities did not uphold that ruling, nor did the government enforce it.
Catholic representatives noted concerns with the issuance of new entry and residency permits for foreign missionaries seeking to stay in the country for longer than six months and delays in processing application requests for tax exemption. Representatives of the Orthodox Church and the Church of Jesus Christ also said they experienced problems with the processing and issuance of residency permits for long-term missionaries.
The FIH continued to state the government did not approve or respond to an application for a tax exemption or for residency permits from certain religious groups associated with the FIH, which does not have a formalized agreement with the government.
A Muslim representative said his community faced difficulties in holding Friday prayers. The representative said he encouraged his community to comply with the country’s laws and social norms, including treating Friday as a workday, while encouraging members of the community to gather for prayer and a shared meal during lunch hour on Fridays.
On July 14, presidential designee Salvador Nasralla attended the inauguration of the first Orthodox Jewish synagogue in the country. In his remarks, Nasralla stated, “It is an honor to show the plurality we have. Regardless of not professing the Jewish religion, we know how to respect all religions.”