Freedom of Religion and Belief and the New Austrian Law on the "Legal Personality of Religious Belief Communities" Freedom of Religion and Belief and the New Austrian Law on the "Legal Personality of Religious Belief Communities" P r e s s R e l e a s e / W e e k l y N e w s F r o m A u s t r i a Contact: Austrian Information Service, Washington D.C. Date: January 20, 1998 Freedom of Religion and Belief and the New Austrian Law on the "Legal Personality of Religious Belief Communities" · Austria shares the view of all democratic states that the right to freedom of thought, conscience and religion constitutes a fundamental human right. In Austria, the exercise of this right has enjoyed for more than a century the protection of the Austrian constitution (Staatsgrundgesetz 1867); thus, the right of recourse to the Austrian Constitutional Court in case of its alleged infringement is guaranteed as well. · In Austria, the right to freedom of religion is not only nationally but moreover internationally protected, not only in view of the political engagements entered into by Austria in the framework of the OSCE, including the 1989 Vienna Concluding Document, but also in a legally binding manner through Austria's adherence to the European Convention on Human Rights. This Convention which in Austria has the status of Constitutional Law, guarantees the right of everyone (not just citizens!) to practice his or her religion or belief individually or in community with others in private or in public. According to the provisions of the Convention, this freedom can only be restricted by law to the extent absolutely necessary for public order and for the prevention of abuse in a manner consistent with the practice of democratic states. Individuals or groups may to lodge a complaint with the European Court of Human Rights in Strasbourg which then decides on the matter. If it declares the complaint admissible, a decision of the Court is binding for the parties to the legal dispute. Should the Court decide against Austria, an obligation to change the law in question or its application might be the final result, as has happened in the past in human rights cases brought against Austria (also in many other cases brought against other states which are parties to the Convention). · The new law regarding "The Legal Personality of Religious Belief Communities" recently adopted by the Austrian Parliament, respects as a matter of fact, like any other law, all constitutional requirements to the best knowledge of the legislators who voted in favor of adoption of the law. The law does not at all deal with the right to freedom of religion or belief as such. Its purpose is to regulate, in a manner consistent with historically grown traditions, the various forms of organization of religious belief communities. The law will actually improve the legal position of a number of religious groups which so far could not obtain the status of a "Recognized Religious Community" under the existing "Law Concerning the Legal Recognition of Religious Communities" dating from 1874 by bestowing upon them a clearly defined legal status. The communities recognized under the new law will forthwith enjoy legal personality and will be able to call themselves "Publicly Registered Religious Belief Communities". It is evident that this constitutes an improvement over the present situation of unspecified legal status and puts an end to some legal uncertainties, which many of those groups presently face. Thus, the groups will have legal status which will enable them to engage in certain contractual obligations which until now was only possible for their individual members. The law furthermore provides that the new law shall also apply to proceedings for recognition already pending before the authorities so that it will not be necessary to submit new applications for recognition. · Much confusion about the new "Law on Legal Personality of Religious Belief Communities" seems to stem from the historically grown concept of "recognition" of religious communities. At present, twelve religious communities are "recognized" in accordance with the provisions of the "Law on Recognition of Religious Communities". The fact that a religion enjoys the status of a "recognized religious community" entails a number of privileges which are in the domain of public law and relate in particular to certain subsidies that the State is obliged to grant to the community in question. The status - and this cannot be stressed often enough - has nothing to do with the right to practice a particular religion or belief in private or in public, individually or together with others as long as no law is violated. As far as the exercise of the fundamental human right of freedom of religion is concerned, there exists no difference whatsoever between a recognized religious community and a religion or belief that has not obtained such specific recognition. There is no reason to assume that religious communities that would fall under the new law should be in any way considered inferior or of a lesser significance than those formerly recognized according to the old law. · Summing up, it is the considered view of the Austrian Federal Government that the new "Law on Legal Personality of Religious Belief Communities" not only fulfills all legal requirements under the Austrian Constitution but also corresponds fully with all international obligations of Austria in this field. As with any other Austrian law, the constitutionality of the new law can be challenged before the Austrian Constitutional Court as well as the European Court for Human Rights. Austria, main page