Legal Framework
The constitution stipulates there is no state religion and provides for the right of individuals to choose freely any religion or belief, to profess their religion and perform religious practices, individually or with others, in private or in public, and to practice and teach their beliefs. It states no one may compel another person (or be compelled) to choose or profess any religion or belief. The constitution allows limits on the freedom to profess and spread religious beliefs when necessary to protect health, safety, public order, or the fundamental rights and freedoms of others. It restricts freedom of expression if it incites religious hatred, violence, or discrimination. It stipulates religious belief may not serve as justification for failing to comply with laws.
Under the constitution, the government may temporarily restrict freedom of expression of religious belief during a period of martial law or a state of emergency.
The constitution acknowledges the freedom of parents or guardians to oversee the religious and moral education of their children without interference and stipulates public education shall be secular, although schools may provide religious instruction at the request of parents.
The constitution grants recognition to traditional religious groups and provides for recognition of other religious groups if their teachings and practices do not conflict with law or public morals. It states the status of religious groups shall be established by agreement or law and recognized religious groups shall be free to carry out their activities, as long as they are not in conflict with the constitution or laws.
Recognition entitles nontraditional religious groups to perform marriages that will be recognized by the state in the same manner as marriages officiated by traditional religious groups, and to provide religious instruction in public schools. Recognition also grants nontraditional religious groups eligibility for annual subsidies from the state budget and for certain social security and healthcare contributions by the state, and the right to broadcast religious services on national radio.
The law requires police to take preemptive measures against illegal activities, giving special attention to maintaining order on specific historical dates and certain religious or cultural holidays.
The law defines religious groups as religious communities; religious associations, which comprise at least two religious communities under common leadership; and religious centers, which are higher governing bodies of religious associations.
Religious groups may apply to the government for state registration, state recognition, or both. The Ministry of Justice (MOJ) handles official registration of religious communities, associations, and centers. Groups wishing to register must submit an application and supporting documentation to the ministry, including bylaws describing their religious teachings and governance, minutes of the founding meeting, and a list of the founders, at least 15 of whom must be citizens. Upon approval of its application, a religious community, association, or center may register as a legal entity with the State Enterprise Center of Registers. Registration is voluntary for religious communities, associations, and centers affiliated with traditional religious groups and mandatory for nontraditional communities wishing to receive legal status.
Registration of traditional religious communities, associations, and centers is free of charge, while nontraditional communities pay a fee of €32 ($34). Traditional communities also have a simpler registration procedure and need to submit only an application, decisions of their governing body on the appointment of their leader, and their headquarters address. The MOJ may refuse to register a religious group if full data are not included in the application, the activities of the group violate human rights or public order, or a group with the same name has already registered. According to the Ministry of Justice, there are 1,129 traditional and 198 nontraditional religious communities, associations, and centers that are officially registered legal entities.
The law recognizes as traditional those religious groups able to trace back their presence in the country at least 300 years. The law lists nine traditional religious groups: Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical Reformed, Russian Orthodox, Old Believer, Jewish, Sunni Muslim, and Karaite Jewish. Traditional religious groups may perform marriages that are state recognized, establish joint private/public schools, provide religious instruction in public schools, and receive annual government subsidies. Their highest-ranking leaders are eligible to apply for diplomatic passports, and they may provide chaplains for the military, social care institutions, hospitals, and prisons. The state provides social security and healthcare insurance contributions for clergy, religious workers, and members of monastic orders of the traditional religious groups. Traditional religious groups are also not required to pay social and health-insurance taxes for clergy and most other religious workers and members of monastic orders.
Other religious groups and associations may apply to the MOJ for state recognition if they have legal entity status, meaning they have been officially registered in the country for at least 25 years. The Seimas votes on whether to grant state recognition status upon recommendation from the ministry. The Evangelical Baptist Union of Lithuania, Seventh-day Adventist Church, Pentecostal Evangelical Belief Christian Union, and New Apostolic Church of Lithuania are the only state-recognized nontraditional religious groups registered in this manner.
For all religious groups, official registration is a prerequisite for opening a bank account, owning property, and acting in a legal or official capacity as a community. The law allows all registered religious groups to own property for use as prayer houses, homes, and other functions, and it permits construction of facilities necessary for religious activities. All registered groups are eligible for public funds from municipalities for cultural and social projects.
The country has compulsory military service for males between the ages of 19 and 26 and up to the age of 38 for those with higher education. Military service is for nine months. Clergy from registered groups are exempt from compulsory military service. In the event of a military conflict, clergy would be called to serve as chaplains. The law recognizes the right to conscientious objection to military service and provides for alternative service in civilian institutions or, if the military deems it necessary, in a national defense institution.
Unregistered communities have no legal status, but the constitution allows them to conduct worship services and seek new members.
The Interministerial Commission to Coordinate Activities of Governmental Institutions that Deal with Issues of Religious, Esoteric, and Spiritual Groups coordinates investigations of religious groups if there is a concern a group’s actions may be inconsistent with what the commission perceives to be “principles that stress respect for human freedom of expression and freedom of religion.”
The Journalist Ethics Inspectorate, a government-sponsored organization whose head is appointed by the Seimas, investigates complaints involving the violation of regulatory laws governing the provision of information to the public, including by print media and the internet. These laws include prohibition of the publication of material that fuels religious hatred. The inspectorate may levy administrative fines on newspapers or refer cases to the Office of the General Prosecutor.
The country has passed a series of laws focused on restitution and compensation of seized religious property. Under these laws, registered religious communities had until 1997 to apply to the appropriate ministry or municipality for restitution or compensation of religious property that they owned before June 19, 1948, the date on which the Soviet Union nationalized all religious buildings. The government continues to review cases from registered religious groups filed by the 1997 deadline but is not accepting any new claims. Religious groups may appeal ministry or municipality decisions in court. Unregistered religious groups cannot apply for restitution.
In some cases, religious groups continued to use nationalized buildings after June 19, 1948, to support religious activities. The law permits registered religious groups to register previously nationalized religious property that was not officially registered under their name but which they owned before 1948 and continued to use during the Soviet period. The deadline for registered religious groups to register such properties with the MOJ was 2014. The government completed its review process in 2014, and no appeals were filed.
For Jewish-owned communal property nationalized under totalitarian regimes, a law was passed in 2011 establishing a compensation fund to support Jewish educational, religious, scientific, cultural, and healthcare projects with public benefits. Pursuant to the law, the government is committed to disbursing a total of €36 million ($40.82 million at that time) over the decade ending March 1, 2023. Funds go to the Good Will Foundation (GWF), a public institution governed by national and international Jewish leaders, which distributes government funds provided “for projects that contribute to building a strong and active Jewish community.”
For individuals, the country’s private property restitution laws provided a mechanism through which the country’s citizens who had received citizenship before the restitution application deadline (December 31, 2001) and resided in the country had the right to submit a claim for private property restitution. Those laws initially excluded individuals who either lacked citizenship or regained it after 2001. In December, the Seimas passed a new law providing €37.7 million ($39.5 million) as symbolic compensation to remaining private claimants and for heirless private property seized during the Nazi era.
The government uses the term “confession” to refer to one or more traditional religious communities, grouped under a single faith. The government allocates funds to each of nine confessions for refurbishing houses of prayer, restoring old cemeteries, and preserving cultural heritage sites. Each of the nine confessions receives €3,075 ($3,300) every year as a base fund, plus an additional amount that is calibrated according to the number of adherents in each community.
The constitution and other laws permit and fund religious instruction in public schools for traditional and state-recognized religious groups. Most religious instructors are regular state-employed teachers, but some are priests, seminarians, or members of religious orders. Parents must choose either religious instruction or secular ethics classes for their children. Schools decide which of the traditional or state-recognized nontraditional religious groups will be represented in their curricula based on requests from parents of children up to the age of 14, after which students present the requests themselves.
According to the National Association of Catholic Schools, there are 27 private Catholic schools as well as Catholic technological and preschool educational institutions. There is one Jewish school. Students of different religious groups may attend these schools. All accredited private schools (religious and nonreligious) receive funding from municipalities and the Ministry of Education, Science, and Sport through a voucher system based on the number of pupils. Each private school receives €1,099 ($1,200) per student. National minority schools, which include a Jewish school, receive 20 percent more than other private schools – a total of €1,318.80 ($1,400) per student. This funding supports additional language study, as minority communities often do not speak Lithuanian as their first language. The per-student stipend covers only the program costs of school operation. Private school operators generally bear responsibility for covering capital outlays; however, according to an agreement the government signed with the Holy See, the Ministry of Education, Science, and Sport funds both the capital and operating costs of private Catholic schools.
The criminal code prohibits incitement of hatred and discrimination based on religion and stipulates fines or up to two years in prison for violations. The code penalizes interference with religious ceremonies of recognized religious groups, with community service, fines, or detention for up to 90 days. The law does not address interference with or incitement of hatred against unrecognized religious groups.
The Office of the Equal Opportunities Ombudsperson (OEO) investigates complaints of discrimination, including those based on religion, directed against state institutions, educational institutions, employers, and product and service sellers and producers. The Seimas appoints the ombudsperson for a period of five years. The office conducts independent investigations, publishes surveys and independent reports on discrimination, and provides conclusions and recommendations on any discrimination-related issues. Its recommendations are not mandatory, but the OEO may appeal to the courts in cases of noncompliance. The office also makes proposals to state and municipal institutions and government agencies concerning the improvement of legal acts and priorities for the implementation of equal rights policy. The ombudsperson does not levy monetary penalties but may recommend cases to the Prosecutor General’s Office for pretrial investigation.
The parliamentary ombudsperson is a separate entity that examines the conduct of state authorities in serving the population. The parliamentary ombudsperson may investigate complaints, recommend changes in the law or draft legislation to parliamentary committees and ministries, and recommend cases to the Prosecutor General’s Office for pretrial investigation.
On April 19, the Seimas banned the public display of pro-Russian war symbols conveying support for the war in Ukraine viewed as having Russian pro-war messages, such as the St. George’s ribbon, and the pro-war letters “V” and “Z”, in public places. The Nazi swastika and other Nazi symbols are forbidden by law and incur punishment under the Lithuanian Administrative Violations Code. Violators are subject to fines of €300-700 ($320-$750).
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On November 21, the Ministry of Justice (MOJ) issued a recommendation that the Seimas reject the 2017 application by Jehovah’s Witnesses for state-recognized religious association status. The MOJ concluded that, while the Jehovah’s Witnesses association had sufficient support in society, its teachings against military service fell short of the country’s constitutional standard of public morals. Furthermore, the MOJ found that the association’s teaching on blood transfusion was in conflict with both Lithuanian law and public morals. Jehovah’s Witnesses church members pointed out that, as conscientious objectors, they were willing to perform alternative civilian national service in lieu of conscription, should such an option be created. However, such an option did not exist. With regard to blood transfusions, members pointed out that the state had existing legal means to overrule parents in cases of children’s health. Jehovah’s Witnesses appealed to the administrative court to annul the MOJ’s negative recommendation to the Seimas on December 21. They asked the court to annul the MOJ recommendation to the Seimas, because, they stated, they were not given a chance to participate/comment during its preparation. Due to the fact that there is a pending judgement from an administrative court, the Seimas has not yet considered the Jehovah’s Witness application for state-recognized status. In addition, a case of a Jehovah’s Witness, “Rutkauskas v. Lithuania,” has been pending at the European Court of Human Rights since 2020. The applicant, a Jehovah’s Witness clergyman, claimed that the European Convention on Human Rights was violated because he was not exempted from military service.
An application for religious association status by the United Methodist Church of Lithuania, which the MOJ submitted to the Seimas with a favorable recommendation in 2001, remained pending.
On September 29, the Seimas again did not approve the Romuva community’s application for status as a state-recognized religious community. Seimas voted to deny the Romuva an upgrade to their religious status, despite a 2019 ruling from the European Court of Human Rights (ECHR) that the government had violated the rights of the Romuva by not recognizing their religion. According to media, Kestutis Masiulis, a member of Seimas, said, “I have no sympathy for… Romuva, but the decisions of the ECHR must be respected.” Media outlets also reported the resolution was returned for more development before being presented to the Seimas for further action. Following the September vote, the community appealed to the Committee of Ministers of the Council of Europe with a request to apply enhanced supervision of the implementation of the ECHR’s decision.
On December 29, President Nausėda signed into law a revision to the 2011 Good Will Compensation law, passed by the Seimas on December 20, which will provide an additional €37 million ($39.5 million) in compensation for Jewish private and heirless property expropriated by the Nazis and Soviets. The legislation provides symbolic compensation for property that belonged to the country’s Jews before or during World War II and was not covered by earlier legislation. Prime Minister Šimonytė, who personally sponsored the bill, stressed the country’s unfulfilled obligation to compensate survivors for remaining Jewish private heirless property and recognize its Holocaust past. Of the €37 million, five to ten million ($5.3 million – $10.6 million) will be allocated to private claimants who were previously not able to apply for restitution under a 2001 law that required recipients to be citizens of the country. The remainder of the funds from the new law will be distributed to projects benefiting the Jewish community through the GWF, which the government created in the 2011 restitution law.
The municipal government of Ukmergė District continued to resist removing a monument to anti-Soviet partisan Juozas Krikštaponis. Archival evidence documents the fact that Krikštaponis participated in the killing of Jews in Belarus in 1941. Plaques to anti-Soviet partisan Jonas Noreika, accused of involvement in Nazi atrocities, remained on an external wall of the Wroblewski Library of the Lithuanian Academy of Sciences in Vilnius and on the wall of the municipal building in Šiauliai. According to the Vilnius municipal government, authority to remove the Noreika plaque rests with the academy. A stone in memory of Noreika also remained standing in Šukoniai village of Pakruojis District. In major cities and towns throughout the country, there also remained streets named in honor of Noreika and another person accused of collaborating with the Nazis, Kazys Škirpa.
On December 22, the President signed a law that creates a process for removing monuments from the Soviet and Nazi occupation eras, beginning in May 2023. It bans the promotion of totalitarian and authoritarian occupation regimes and their ideologies in public places. The law applies to the perpetuation or representation of symbols, persons, organizations, events, or dates linked to the Soviet occupation from 1940-1941 and 1944-1990 and the Nazi occupation from 1941-1944. Decisions regarding the removal of such monuments will be made by an inter-institutional commission, established by the Seimas and chaired by the director of the Genocide and Resistance Research Center, a state-funded research institute.
In her January 27 interview with the public service broadcaster Lithuanian Radio and Television (LRT), Prime Minister Šimonytė reversed the previous government’s decision and said the run-down Palace of Concerts and Sports in central Vilnius could become a museum or memorial dedicated to the history of the country’s Jews. The Sports Palace is located on the site of the 15th-century historic Šnipiškės Jewish cemetery. “For the whole past year, we have held consultations on ways to change the attitude and agree that that place, which has special value for Lithuania’s Jewish history, should be dedicated to the history of Lithuanian Jews and it should be told there. Be it a museum, memorial, or a specific object for that purpose,” Šimonytė said. Vilnius mayor Remigijus Šimasius welcomed the Prime Minister’s position on the future of the Palace of Concerts and Sports. In his words, the previous government’s decision to terminate the convention center project was a mistake, “but the commemoration of the history of the Jewish people in this sensitive place is a very good choice.” At year’s end, there were no further developments on remodeling the site.
As it has done annually since 2012, the government disbursed €3.62 million ($ 3.8 million) to the GWF, in accordance with its agreement with that institution. The government did not resolve any pending restitution or compensation claims by other religious groups for property seized by the Soviet Union.
The government provided €1.59 million ($1.7 million) to traditional religious groups to reconstruct religious buildings and to support other religious community activities. This amount was distributed to religious groups based on the number of adherents published by the Department of Statistics. Of this total, it granted €1.28 million ($1.37 million) to the Roman Catholic Church and €67,600 ($72,200) to the Russian Orthodox community. The remaining €249,000 ($266,000) was divided among the Old Believer, Evangelical Lutheran, Evangelical Reformed, Sunni Muslim, Jewish, Karaite Jewish, and Greek Catholic communities.
The OEO received one complaint of discrimination based on religion but determined that there was no discrimination in the incident.
On June 7, the ECHR found that the government violated the freedom of thought, conscience, and religion of a Jehovah’s Witness called up for military service and denied alternative civilian service. The court ordered the government to pay the individual €3,000 ($3,200) by December 9, which the Ministry of Finance paid.
In May, Prime Minister Šimonytė wrote to Patriarch Bartholomew of Constantinople expressing support for those priests and believers in the Lithuanian Orthodox Church who wished to break from the Moscow Patriarchate over Patriarch Kirill’s public support for Russia’s invasion of Ukraine. She said, “…It is natural and humane that Lithuanian Orthodox have the right to profess their faith without conflict of conscience,” and she invited the Constantinople Patriarchate to resume activities in the country. In June, the government banned Patriarch Kirill from entering its territory.
In April, in response to the defacement of the Paneriai Holocaust memorial with “V” and “Z” symbols in support of Russia’s invasion of Ukraine, the Prime Minister said the act was “a clear provocation aimed at antagonizing the public of Lithuania. In one of the most tragic places in Lithuania’s history, where the Nazis and other criminals murdered thousands of innocent people, the provocateurs have splashed another symbol of hatred.”
The Human Rights Committee of the Seimas condemned the desecration of the memorial and on April 19, the Seimas passed amendments to the Law on Administrative Offences and the Law on Assemblies. The amendments prohibit the use of “symbols of totalitarian or authoritarian regimes, which were used or are being used by those regimes for their past or present military aggression and/or propaganda of crimes against humanity and war crimes that were committed or are being committed.” The amendments specify in particular that “the two-color [black and orange] St. George’s Ribbon shall be deemed such a symbol in all cases.” The St. George’s Ribbon is a Russian military symbol associated with pro-Russian and separatist sentiment, with Seimas members saying the symbols were used for propaganda and intimidation. The ban also covers the letters “Z” and “V”, which have become the symbols of Russia’s war in Ukraine.
On September 29, President Nausėda met in Vilnius with Katharina von Schnurbein, the European Commission Coordinator on Combating Antisemitism and Fostering Jewish Life. According to media reports, they discussed the implementation of the EU Strategy on Combating Antisemitism. The meeting also focused on Jewish life, the preservation of Jewish traditions in the country, and Holocaust remembrance. Media outlets also reported that in a separate September 29 meeting with von Schnurbein, Prime Minister Šimonytė said, “Our government adheres to zero tolerance towards any manifestations of antisemitism, Holocaust denial, or disrespect for the victims of the Holocaust.”
On September 28, the Prime Minister stated, “The Holocaust was an unspeakably difficult trauma for Lithuania and its wounds are still felt today. Not only did we lose an important part of ourselves physically, but our identity was also shattered. This is evident when we start discussing ‘us’ and ‘them,’ and when great Litvak [Jews of Lithuania and surrounding areas] creators are still not unequivocally accepted as an integral part of Lithuania’s cultural history.” She also stressed the importance of reacting “firmly and swiftly” to a hateful and violent way of thinking, noting that failure to react to manifestations of antisemitism does not amount to tolerance of other opinions, but rather is “cowardice with destructive consequences.”
On September 25, Prime Minister Šimonytė issued a video statement on behalf of the government congratulating all Jews in the country and around the world on the occasion of Rosh Hashanah. “I send you greetings from Vilnius, a city that has a special place in the Jewish world,” she said.
On September 23, the National Memorial Day of the Genocide of the Lithuanian Jews, Prime Minister Šimonytė took part in events held in Rūdninkai Square and Paneriai paying tribute to victims of the Holocaust in the country. She said, “The Shoah mercilessly destroyed everything – people, their dreams, their talents, their relationships – and it did so under the guise of conspiracy theories, absurd deductions, and fear of otherness. Our state and nation, and the destinies of our people fell into pieces. Jerusalem of Lithuania ceased to exist.” She continued, “We are learning the lessons of history every day. And we come to fully realize that we all must do our part for the world to hear the pain of the victims, for the truth to prevail and never be hidden again and rest there for good and all, irrespective of the challenges. I firmly believe that we will all do everything together, protecting the common values of humanity, the unique heritage of Litvaks and educating the younger generation in the spirit of humanism.”
The Seimas declared 2022 as the Year of the Lithuanian Karaites in recognition of its 625th anniversary of their settling in the country. During the first half of the year, government institutions organized more than 20 programs dedicated to Karaites, including media reports, exhibitions, meetings, and an international scientific conference held at Vilnius University. On May 20, the Prime Minister congratulated the Karaites gathered at a commemoration event, noting, “The Karaites nurture their culture that has developed over millennia, and I am very happy that the restoration of independence significantly contributed to the national revival of the Karaites.”
On January 27, International Holocaust Remembrance Day, Prime Minister Šimonytė issued the following statement, “No statutory limitations are applied to crimes against humanity, and each passing year further highlights the scale of the Holocaust tragedy. During the Holocaust, we lost the large community that had created Lithuania, and its loss impoverished us. This testament of pain obliges generations to bear the burden of shared responsibility for what has happened and to make every effort to ensure that it never happens again.”
From January 2021 to June 2022, the New Religions Research and Information Center, together with the Lithuanian journalists’ union, implemented a project entitled “Freedom of religion and beliefs in Lithuania: overcoming stigmatization and intolerance.” The aim of the project was to raise awareness about human rights by cooperating with media and providing the public with information about the diversity of religions and beliefs in the country. According to the project, the research data showed that Lithuanians profess various religious beliefs and apply them differently in their lives, while religious minorities remained stigmatized and marginalized.
The country is a member of the International Holocaust Remembrance Alliance.