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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 disquiet that this continues to give
rise to tensions, lack of understanding and suspicion, and even
to xenophobic attitudes, extremism, hate speech and violence of
the most abhorrent sort. This vicious circle must be broken.
2. Freedom of thought, conscience and religion is an established,
universal and inviolable human right, enshrined in the Universal
Declaration of Human Rights, in international treaties at global
and regional levels, and in national constitutions.
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 the 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 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 among 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 is 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 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 such 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 these communities in the combating of all
extremism and fanaticism;
13.3.2. give encouragement to projects jointly developed by several
communities, including 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 plural, intercultural and inclusive democratic society;
13.4. promote, in school and extracurricular frameworks, 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.