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PACE – Parliamentary Assembly of the Council of Europe
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PACE Resolution 2076 (2015) Freedom of Religion and
Living Together in a Democratic Society |
30 September
2015 |
Provisional version Parliamentary
Assembly of the Council of Europe Resolution 2076
(2015) Freedom of
Religion and Living Together in a Democratic Society 1. The
Parliamentary Assembly notes that religion has gained renewed importance in
European societies. Many beliefs and churches are developing in Europe
alongside the religions which have influenced the history of our continent.
The Assembly notes with great regret and anxiety that this continues to give
rise to tensions, lack of understanding and suspicion, and even to xenophobic
attitudes, extremism, hate speech and the most despicable violence. This
vicious circle must be broken.
3. Churches and
religious organisations are an integral part of civil society and must, with
secular organisations, take part in the life of society. National authorities
should take more account of religious communities’ potential to work for
dialogue, mutual recognition and solidarity. For their part, those
communities have a fundamental duty, which they must fully assume, to promote
the shared values and principles which underpin “living together” in our
democratic societies. 4. Those values
and principles, which are non-negotiable, consist mainly of profound respect
for human dignity and the fundamental rights protected by our democratic
constitutions and by the European Convention on Human Rights (ETS No. 5) and
its Additional Protocols, as well as respect for democratic principles and
the rule of law, including the principle of non-discrimination between the
different groups which make up our plural societies. 5. Religious
affiliation is, for many European citizens, a key element of their
identities. That affiliation is also expressed through worship and compliance
with religious practices. Freedom to live according to those practices is one
element of the right to freedom of religion safeguarded by Article 9 of the
European Convention on Human Rights. That right coexists with the fundamental
rights of others and with the right of everyone to live in a space of
socialisation which facilitates living together. That may justify the
introduction of restrictions on certain religious practices; however, in
conformity with Article 9.2 of the European Convention on Human Rights, the
right to freedom of religion can only be submitted to those limitations
which, as prescribed by law, constitute necessary measures, in a democratic
society, in the interests of public safety, for the protection of public
order, health or morals, or for the protection of the rights and freedoms of
others. States Parties to the Convention should also strive to find a fair
balance between conflicting interests resulting from the exercise of freedom
of thought, conscience and religion, and other human rights and fundamental
freedoms, such as the right to respect for private and family life, the right
to freedom of expression and the prohibition of discrimination. 6. Furthermore,
the Assembly considers that the principle of secularity does not require the
elimination of religion from social space; quite the contrary, this
principle, properly interpreted and implemented, protects the possibility for
the different beliefs, religious and non-religious, to coexist peacefully
while all parties respect shared principles and values. 7. Legislatures
and governments must take account of the fact that political decisions taken
in the name of the “neutrality of the State” may, in practice, give rise to
disguised discrimination against minority religions, which is incompatible
with the right to freedom of religion and the principle of secularity. Worse,
such decisions may give rise to a feeling amongst the members of the
communities concerned that they are not considered full members of the
national community. However, religious groups must be aware that any
conviction or religious practice that violates human rights is not
acceptable. 8. Certain
religious practices remain controversial within national communities. Albeit
in different ways, the wearing of full-face veils, circumcision of young boys
and ritual slaughter are divisive issues and the Assembly is aware of the
fact that there is no consensus among Council of Europe member States on
these matters. Other religious practices may also provoke tensions, for
example in the workplace. In this context, while it is aware that States
Parties to the European Convention on Human Rights have a wide margin of
discretion in this field, the Assembly invites States to seek “reasonable
accommodations” with a view to guaranteeing equality that is effective, and
not merely formal, in the right to freedom of religion. States should ensure
that their neutrality remains inclusive and diversity-friendly. 9. As far as
circumcision of young boys is concerned, the Assembly refers to its
Resolution 1952 (2013) on children’s right to physical integrity and, out of
a concern to protect children’s rights which the Jewish and Muslim
communities surely share, recommends that member States provide for ritual
circumcision of children not to be allowed unless practised by a person with
the requisite training and skill, in appropriate medical and health
conditions. Furthermore, the parents must be duly informed of any potential
medical risk or possible contraindications and take these into account when
deciding what is best for their child, bearing in mind that the child’s
interest must be considered the first priority. 10. Where
ritual slaughter is concerned, the Assembly is not convinced that legislation
prohibiting this practice is really necessary, or that it would be the most
effective way of ensuring the protection of animals; legislation which
imposes strict requirements, like that of France and Germany, achieves a
balanced reconciliation of the legitimate concern to protect animals from
unjustified suffering and respect for the right to freedom of religion The
Assembly notes that the European Convention for the Protection of Animals for
Slaughter (ETS No. 102) and the European Union’s Council Regulation (EC) No
1099/2009 on the protection of animals at the time of killing do not prohibit
ritual slaughter. 11. The
Assembly is convinced that education is the key to combating ignorance,
breaking down stereotypes, building trust and mutual respect and promoting
sincere support for the shared values of living together. In this respect,
the Assembly is aware that many factors are influential in the formation of
the individual personality. Families and media, as well as cultural and
religious communities themselves, should support the development of
open-minded individuals, capable of critical thinking and of constructive
dialogue with others. It is crucial to fight against intolerance on the web.
School should also be a meeting point and a place for constructive dialogue
between individuals of different – religious or secular – beliefs. 12. Referring
to its Recommendation 1962 (2011) on the religious dimension of intercultural
dialogue, the Assembly reminds States of their obligation to ensure that all
the religious communities which accept shared fundamental values are able to
benefit from an appropriate legal status guaranteeing the exercise of freedom
of religion. In the Assembly’s view, member States and religious communities
should work together to promote coming together, dialogue and mutual respect:
there is no better way of effectively combating all fanaticism and extremism,
religious or anti-religious. 13. In this
context, the Assembly recommends that member States: 13.1.
ensure that religious communities and their members are able to exercise the
right to freedom of religion without impediment and without discrimination,
in accordance with Article 9 of the European Convention on Human Rights, and
make sure, inter alia, that religious communities and their members are able,
in compliance with the law, to: 13.1.1.
practise their faith publicly and freely in places of worship designed for
that purpose by themselves or in other places accessible to the general
public, in accordance with their own rites and customs; 13.1.2.
manage welfare institutions (hospitals, workshops for persons with
disabilities, homes for elderly people, nursery schools, etc.), and schools
and places of education; 13.1.3.
make their opinion publicly known without being subjected to censorship and
also exercise the right to freedom of expression, freedom of peaceful
assembly and the freedom to use media; 13.2.
promote the social integration of religious minorities and act at an early
stage against those social, economic and political inequalities which affect
those minorities, and resist their marginalisation and the instigation of
hatred against them; 13.3.
put into practice a “secularity of recognition” and treat religious
organisations as partners in the development of inclusive and mutually
supportive societies, while respecting the principle of the independence of
politics from religion and the rule of law; in this context: 13.3.1.
develop projects in collaboration with religious communities to promote
shared values and “living together”, and involve those communities in the
combating of all extremism and fanaticism; 13.3.2.
give encouragement to projects jointly developed by several communities,
inter alia with non-religious associations, with a view to strengthening the
social fabric through, for example, the promotion of inter-community
solidarity, attention being paid to the most vulnerable people and the fight
against discrimination; 13.3.3.
ensure that public service media firmly oppose any form of intolerance and
discrimination based on religion or beliefs and contribute not only to
fighting stereotypes, but also to upholding the vision of a pluralist,
intercultural and inclusive democratic society; 13.4.
promote in the school and extracurricular framework opportunities for people
of different beliefs to meet and talk so that they can learn to express their
religious identity without fear, but also without provoking others or
prevaricating, and both open up to other visions of the world and learn to
respect them even if they do not share them; in this context, co-operate with
religious communities so that the teaching of religion becomes an opportunity
for reciprocal listening and for developing critical thinking, including
within the religious communities themselves. _________________________________________________________________________________________________________________________________ |