Adria

Freedom of religion in Europe

 

 

At present, all States in Europe recognise and guarantee freedom of religion. The legal framework in which this right is exercised varies according to the country and, in each country, all religions do not necessarily have the same status. There may be a State religion, (established church in England, national church in Denmark, dominant church in Greece), one or several recognised religions which may have some advantages (6 in Belgium, 15 in Romania) and religions without a special status. Religious organisations may be or not financed by the State. All levels of cooperation or separation between State and churches exist. Some States have signed a concordat with the Holy See, some have not. Those who have usually extend the advantages granted to the Catholic Church to other religions through internal agreements to avoid discrimination.

The State is the normal level of protection of human rights, including freedom of religion.

However, States have also committed themselves on an international level to enforce this right.

 

After the Soviet block collapsed, all Eastern Europe States signed and ratified the European Convention and entered the Council of Europe. This was also a preliminary for those who wanted to enter the European Union.

The European Convention is thus a very useful treaty to protect the right to freedom of religion. The European Court of Human Rights, in Strasbourg, enforces the

Convention.

Freedom of religion is at the core of human rights. It is mentioned in Art. 4 ICCPR (International Covenant on Civil and Political Rights) among the rights which cannot be derogated from even in time of public emergency threatening the life of the nation. Freedom of religion is not mentioned in the equivalent article of the ECHR (European Convention on Human Rights) (Art.15) but the grounds for legitimate limits to this right are enunciated restrictively.

In the case of Kokkinakis v. Greece, the European Court of Human Rights asserted that freedom of religion was at the foundation of a democratic society and that “It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned.

 

The State cannot decide who is right and who is wrong in religious matters, arbitrate between majority and dissenting groups nor impose the leaders of a religious group.

 

Finally, as regards the European Union, the Treaty establishing a Constitution for Europe must be mentioned though it cannot enter into force so long as it is not ratified by all the member States, because it recognises the institutional dimension of freedom of religion which appears through the Strasbourg case-law. Art. II-70, which guarantees freedom of thought, conscience and religion, focuses on the individual right, but Article I-52 guarantees the status of churches and non-confessional organisations. It reads:

1. The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.

2. The Union equally respects the status under national law of philosophical and nonconfessional organisations.

3. Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.

 

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