Religious freedom in Austria

The religious freedom in Austria sat mostly in the period from 1781 to 1919 in several steps, or about during the long 19th century . Today there is largely complete freedom of belief, creed and religious practice , as long as it recognizes the fundamental values ​​of Austria , as well as extensive separation of church and state .

history

Catholic Austria

For the Habsburgs , the Catholic faith was not only the undisputed house religion, but the Habsburg rulers saw themselves as " chosen by God's grace " emperors and in their function as regents of the "Holy" Roman Empire (until 1806), holders of the "Holy" Hungarian Crown and of the Kingdom of Jerusalem also as secular patrons of the Latin Church in Rome , from the Turkish Wars onwards , following the Byzantine Empire, increasingly also the entire Roman Catholic Church under the Pope . The sovereign archbishopric of Salzburg as the " Papal State of the North" until 1803 also contributed to this development.

The majority of the Habsburgs wanted primarily religious unity in the service of inner peace, not freedom of belief. In keeping with the paradigm cuius regio, eius religio , which was won by the Thirty Years' War , the Habsburg monarchy presented itself as an externally closed block with a Catholic de facto state church . In the sharpness of the internal defense of Catholicism, the Austrian emperors wavered between the strict oppression of dissenting citizens in the time of the Counter Reformation in the 16th and into the 18th century until there was extensive tolerance, for example with Maximilian II before the beginning of the Counter Reformation (the only Habsburg who did not consider himself a Catholic, but in the spirit of humanism as “neither a papist nor a Protestant , but Christ ”) to the pragmatism of Joseph II , for whom everything seemed acceptable that served the cause and prosperity of the empire (recognition of private religious freedom, the Protestants and Orthodox), to Ferdinand and Franz Josef's tolerance for purpose in the crumbling Monarchy (recognition of general civil rights, etc.) nd of Judaism and Islam).

Even after the end of the Habsburg Empire , under Dollfuss and Schuschnigg, with the strictly Catholic Austrofascism - in a vehement demarcation from Hitler's Neo-Germanism - a less secular attitude emerged again.

It was not until the Second Republic that the separation of church and state was largely enforced, more in the direct post-war period , which was characterized by the will to unity , in which even the conservative ÖVP, at a distance from the pre-war Christian Social Party, decidedly no longer pursued a Catholic program, during the later 20th century was characterized by a standstill in the opening process despite socialist governments as well . It was not until the beginning of the 21st century, when Austria joined the EU , that Austria became increasingly multicultural, including in legislation, legal practice and the state's self-image.

Tolerance patent 1781

The starting point for religious freedom in Austria was the tolerance patent from 1781 under Joseph II.

This law, entirely in the spirit of enlightened absolutism , granted “convinced of the harmfulness of any compulsion to conscience” the personal freedom of belief and conscience for the members of the “ Augsburg and Helvetian religious relatives ”, but not the freedom for the religious community itself Religious relatives ”were granted the right to found parishes, but at the same time the Evangelical Church became an administrative matter for the state (imperial consistory initially in Teschen , later in Vienna).

The tolerance patent of 1781 differentiated between the public and the domestic religious practice (the public and the private exercise ). In the private sphere, i.e. behind closed doors in private rooms, since Joseph II, in principle everything should be allowed that did not violate the law. The public appearance of the individual religious communities, on the other hand, was regulated by individual laws - sometimes differently. Protestant, Jewish and Islamic clergymen were not allowed to wear official costume in public. And until 1861 (Protestant patent), Protestant children in public schools were obliged to take part in Roman Catholic religious instruction (the same applied to Jewish, Muslim and Orthodox children).

State constitution 1867

Important for the freedom to organize in a religious community are the formulations of freedom of belief and conscience , which for the first time also mentions the form of organization in the Constitutional State of December 21, 1867, part of the December constitution (Article 14). Above all, all legally recognized churches and religious communities were granted the status of a "corporation under public law". This marked the beginning of the right to free internal organization, since the state no longer had to issue individual regulations. In practice, all churches and religious communities were governed very restrictively by the Ministry of Culture until the end of the Austro-Hungarian monarchy (so until 1918 every bishop of the Roman Catholic Church was personally appointed by Emperor Franz-Josef I, and every form was appointed to Evangelicals, Orthodox and Jews an organization that encompasses the entire territory of the Reich is prohibited), but the legally recognized religious communities were allowed to organize at an intermediate level and to have a certain amount of financial self-administration.

Religious freedom was regulated in Articles 14–16 of the Basic Law on the General Rights of Citizens :

• Article 14

Everyone is guaranteed full freedom of belief and conscience. The enjoyment of civil and political rights is independent of one's religion; but the civic duties must not be compromised by the religion. No one can be compelled to perform an ecclesiastical act or to participate in a church ceremony, provided that he is not subject to the authority of another person entitled to do so under the law.

• Article 15

Every legally recognized church and religious society has the right to practice public religion together, regulates and manages its internal affairs independently, remains in the possession and enjoyment of its institutions, foundations and funds intended for cult, teaching and charity purposes, but is, like every society, subject to general state laws.

• Article 16

The followers of a religious denomination not recognized by law are allowed to practice their religion at home, provided that it is neither illegal nor morally offensive.

Note: Article 16 of the Basic Law has meanwhile been derogated by Article 63, Paragraph 2 of the StV v St. Germain.

According to this law, every citizen is free to belong to and exercise in a church or religious community. This means that both entry and exit are free from government coercion. Everyone is also free not to belong to any religion. The recognized religious communities were thus expressly granted the right to practice their religion in public, while the other religious communities were only allowed to practice their religion privately.

May Laws 1868

In May 1868 there were three church laws ( called May Laws , amendment 1874), through which some provisions of the Concordat 1855 were restricted: They concerned the areas of secular matrimonial jurisdiction, state education and free choice of denomination. Thus the influence of the Catholic Church was pushed back somewhat. The reason was that the Holy See in Rome came under the influence of the hostile, newly founded Kingdom of Italy and the infallibility of the Pope was dogmatized.

The laws of 1867 and 1868 are likely to have favored the formal establishment of a first Baptist church in Austria in 1869 .

Recognition Act 1874

The conditions on the part of the state for the recognition were regulated by the law of May 20, 1874, on the legal recognition of religious communities . This was the first time that the willingness in principle to recognize any religion was expressed in order to take into account the multiculturalism of the multi-ethnic state.

As a result, the “Rome-free” Old Catholic Church was recognized in 1877 , the Israelite (Mosaic) faith in 1890 and Islam (at that time only Hanefite) in 1912 . Other Christian communities followed, but not until a hundred years later. In 1983, for example, Buddhism was recognized, and only since the beginning of the 2000s has the formation of a religious community as a legal entity been open to in principle any religion (amendment to the law on associations, religious association ). Today the actual recognition only refers to various regulations of public law matters such as religious instruction , denominational schools , presence on ORF , tax relief, subsidies and some special privileges and protective rights.

Treaty of Saint-Germain 1919

Since 1919, the Treaty of Saint-Germain , which has constitutional status, has also granted adherents of unrecognized religions the right to practice their religion in public:

• Article 63

... All residents of Austria have the right to freely practice any kind of belief, religion or creed, publicly or privately, provided that their practice is not incompatible with public order or with good morals.

This is an individual right, not a corporate right. The extent to which a non-recognized religious community can acquire legal personality remained open. But at least now - with the help of the detour via the formation of "aid associations" for doing business - many non-Catholic communities could be publicly active. Therefore it was not so clear for religious communities whether they would continue to strive for recognition as a church. Among the Baptists e.g. B. there were repeated discussions about this; those in favor of an application for recognition argued mainly practically, the opponents theologically.

External events were also involved in state concessions of civil liberties: "Remarkably, there were significant steps to strengthen individual human rights after military defeats": The Protestant patent in 1861 after the defeat against Sardinia and France, the State Basic Law in 1867 after the defeat against Prussia, and the State Treaty of St. Germain in 1919 after losing the First World War.

European Convention on Human Rights 1950 (1958)

The European Convention on Human Rights of 1950, which has constitutional status, specifies religious freedom as follows:

• Article 9. Freedom of thought, conscience and religion

(1) Everyone has the right to freedom of thought, conscience and religion; This right includes the freedom of the individual to change religion or worldview as well as the freedom to practice his religion or worldview individually or in community with others, publicly or privately, through worship, teaching, through the exercise and contemplation of religious customs.

(2) Freedom of religion and belief may not be subject to restrictions other than those provided for by law, which in a democratic society are necessary measures in the interests of public security, public order, health and morality or for the protection of the rights and freedoms of others.

Austria joined the Human Rights Convention in 1958.

Religious Confessional Congregations Act 1998

The law on the legal personality of religious denominational communities, which came into force on January 10, 1998, also offered religious communities that had not been recognized until then the opportunity to acquire legal personality if certain criteria were met.

An overview of all religious communities recognized by the state in Austria as well as the state-registered denominational communities can be found in the article Recognized religions in Austria .

Special aspects of religious freedom

Religious maturity

In Austria, every young person from the age of 14 can determine his or her religion himself, so is fully religious . While only the parents can decide on a religious affiliation up to the age of 10, the child has to be heard up to the age of 12. Between the ages of 12 and 14, the parents can no longer change religion without the consent of the young person.

Religiouslessness

According to Article 14, the constitutional law cited above also explicitly excludes any compulsion to practice religion, which means that the term “freedom of religion” also includes “freedom from religion”. The possibility of leaving the church and the associated legal status of non-denominational status was introduced into the legal system in Austria with the interdenominational law of 1868.

Differentiation of rights between recognized and unrecognized religious communities

For the basics, see Recognized Religious Communities in Austria

• legally recognized ... legally recognized churches and religious communities
• not legally recognized ... State-registered religious denominations and religious associations

	legally recognized	not legally recognized
Right to practice religion publicly	Yes (by Article 15 of the Basic Law)	Yes (through Art. 63 Treaty of St.Germain)
Existence as a legal person possible	Yes	yes (since 1998 religious associations also possible)
Public corporation	yes (u. u. for a union)	No
in pastoral work excluded from the Association Responsibility Act	Yes	Yes for registered denominations; otherwise no
Protection against degradation of reputation at events (Lower Austria)	Yes	No
Constitution recognizes the importance of religions for the religious and moral basis of human life (Vorarlberg)	Yes	No
School system
Advisory voice in the college of the state school board	Yes	No
Membership in the school committee for the religious community to which the majority of the students belong	Yes	No
state funded religious education	Yes	No
automatic granting of public rights for denominational private schools	Yes	No
Subsidizing denominational private schools	Yes	No
media
legally envisaged preferential treatment for mailing magazines	No (until 1996: Yes; currently only beneficiary within the framework of "sponsoring.post")	No
Seat on the Advisory Board of KommAustria	Yes	No
Seat on the board of trustees of ORF	Yes	No
Seat on the public council of the ORF	Yes (only Catholic and Protestant Church)	No
The importance of the ORF's religious community must be taken into account when planning the program	Yes	No
Chaplain
freed from obligation to indemnify and conscription	Yes	No
exempted from the obligation to perform under the Military Authorities Act	Yes	No
exempted from the civil duty to be a jury and lay judge	Yes	No
exempt from obligation to perform in compulsory fire brigades (Tyrol)	Yes	No
Crediting of pastoral work as enjoyable pre-service time (e.g. for civil servants' pension, ÖBB pension)	Yes	No
except from the requirement of a permit according to the Residence Act	Yes	No
excluded from the scope of the Aliens Employment Act	Yes	No
except from the Employee Protection Act and the Labor Inspection Act	Yes	No
Protection of religious rites
Prisoners have the opportunity to marry in front of a pastor	Yes	No
Possibility to deviate from the usual storage regulations due to religious regulations (e.g. Upper Austria, Vienna)	Yes	No
Possibility to build and operate a cemetery (e.g. Upper Austria, Styria)	Yes	No
Possibility of burial outside a cemetery due to religious regulations (Vorarlberg)	Yes	No
Pastoral care worker is allowed to direct burials on cemetery grounds / cult acts allowed on the occasion of burials in cemeteries	Yes	No in individual states and municipalities (e.g. Vorarlberg; Telfs, Zams, Bischofshofen)
Possibility to deviate from the usual animal protection regulations due to religious regulations (e.g. Styria)	Yes	No
Non-seizure of items used for worship	Yes	No
Events of the religious communities
excluded from the Events Act (Lower Austria: religious events; Tyrol: all events)	Yes	No
Exemption from the trade regulations for serving food and drinks at events, the proceeds of which are used for religious purposes	Yes	No
excluded from the camping law (Tyrol)	Yes	No
Participants in religious events exempt from residence tax (Tyrol)	Yes	No
religious events exempt from entertainment tax (e.g. Vienna)	Yes	No
Exemption from the requirement for a license to use public property for religious purposes (Lower Austria)	Yes	No
other social activities
Possibility of certification as a course provider for literacy and German integration courses	Yes	No
Possibility of membership in an association founded by the Ministry of the Interior to promote foreign service	Yes	No
Membership of the largest youth organizations in the presidium of the federal youth council	Yes	No
Seniors events subsidized (Lower Austria)	Yes	No
Possibility to conclude fixed-term main leases for the non-profit procurement of living space as interim use up to a subsidized renovation	Yes	No
Note of religion on documents
Religious affiliation noted on school reports	Yes	Yes for registered denominations; otherwise no
Religious affiliation noted on civil status documents	Yes	No
Taxes
Compulsory contributions to religious communities of up to 400 euros annually are tax-deductible	Yes	No
Favoritism in Schenkungs - and inheritance tax (only theoretical, since both inheritance and gift tax by the Constitutional Court have been removed)	Yes	No
Property tax exemption for buildings that are used for church services, administrative tasks or as a retirement home	Yes	No
Exemption from capital duty	Yes	No
Exemption from surveillance fees for public security services at events	Yes	No
Exemption from (Vorarlberg) or preferential treatment for provincial and municipal administrative taxes (e.g. Vienna, Upper Austria)	Yes	No
Exemption from tourist tax (Carinthia)	Yes	No
financing
Possibility of holding number lotteries, raffle games, etc. Ä.	Yes	No
excluded from the provisions of the collection laws (e.g. Upper Austria)	Yes	No
excluded from the Foundation and Fund Act	Yes	No
privacy
On request, religious communities receive the registration data of the persons professing to the respective community	Yes	No
state anti-cult activities
Documentation of dangers that may arise from the religion concerned by the Federal Office for Sect Issues	No	Yes

See also

• Recognized religions in Austria

literature

• Religions in Austria (brochure of the Federal Press Service). 2004
• Inge Gampl : Austrian State Church Law (Law and Political Science 23). Springer, Vienna 1971.
• Franz Graf-Stuhlhofer (Ed.): Fresh water on arid land. Festschrift for the 50th anniversary of the Federation of Baptist Congregations in Austria (= Baptism Studies; 7). Kassel 2005, pp. 207–212 (Chapter "Freedom of Belief").
• Johann Hirnsperger u. a. (Ed.): Paths to Salvation? Religious denominations in Austria. Self-presentation and theological reflection (= theology in cultural dialogue; 7). Styria, Graz a. a. 2001.
• Karl Kuzmány (Ed.): Document book on Austrian Protestant church law (= Practical Theology of the Evangelical Church in Augsburg and Helvet. Confession , Vol. 1: Textbook of Canon Law , 2nd Dept.). Wilhelm Braumüller, Vienna 1856 ( online version ).
• Erika Weinzierl : The Austrian Concordats of 1855 and 1933 . Vienna 1960

Web links

• The idea of ​​tolerance in Austria. religionen.at.

Individual evidence

1. ↑ Freedom of belief and religion from a European perspective since 1948 - with regard to the current situation in Austria. ( Memento from April 14, 2016 in the Internet Archive ) Paper for the seminar The idea of ​​human rights in an intercultural perspective , Franz Martin Wimmer, WS 2001/02 (pdf, on sammelpunkt.philo.at).
2. ^ Sympathy for Protestants: Maximilian II. Habsburger.net
3. ↑ In 2015 the program reads “The value system of the People's Party is rooted in a Christian-occidental and humanistic tradition” and “the ÖVP sees itself as a Christian Democratic party”. The history of the ÖVP: principles and values. ( Memento from April 15, 2016 in the Internet Archive ) oevp.at, accessed April 14, 2016;
   Lisa Nimmervoll: Searching for traces of an ÖVP legacy: Christian social teaching. Essay in: Der Standard online, November 8, 2014;
   Robert Prantner: No longer Christian - the ÖVP is following the zeitgeist. couleurstudent.at, o. D. (accessed April 14, 2016).
4. ↑ RGBl. No. 142/1867 Source used: DDr. Heinz Mayer, Das Österreichische Bundes-Verfassungsrecht, 4th edition, Manzsche Verlags- und Universitätsbuchhandlung, 2007, p. 622
5. ^ Graf-Stuhlhofer: Fresh water on arid land . 2005, p. 20f.
6. ↑ StGBl. No. 303/1920
7. ^ Graf-Stuhlhofer: Fresh water on arid land. 2005, p. 211.
8. ^ Graf-Stuhlhofer: Fresh water on arid land . 2005, p. 208.
9. ↑ Federal Law Gazette No. 210/1958
10. ↑ Entire legal regulation for the regulation of the interdenominational relationships of citizens , legal information system of the Federal Chancellery, version of January 16, 2017
11. ↑ RGBl. No. 142/1867
12. ↑ StGBl. No. 303/192
13. ^ So the Catholic Church, Evangelical Church (AuHB), Greek-Oriental (= Orthodox) Church, the Oriental-Orthodox Churches, and the Free Churches
14. ↑ VbVG Art 1 § 1
15. ↑ § 2 Lower Austrian Events Act
16. ^ Art 1 Constitution of the State of Vorarlberg ( Memento from September 9, 2012 in the web archive archive.today )}
17. ↑ § 8 Federal School Supervision Act
18. ↑ § 42 Lower Austrian Compulsory School Act
19. ↑ Religious Education Act
20. ↑ § 14 Private School Act
21. ↑ § 17 Private Schools Act
22. ↑ § 20 Annex 1 Postal Act
23. ↑ GTC Sponsoring.Post 1.4 ( Memento of December 7, 2011 in the Internet Archive ) (PDF; 180 kB)
24. ↑ § 9 PublizistikförderungsG 1984
25. ↑ Section 30 of the ORF Act
26. ↑ § 28 ORF law
27. ↑ § 4 ORF law
28. ↑ § 18 Defense Act
29. ↑ Art 1 § 30 Military Authorization Act
30. ↑ § 3 No. 4 i. V. m. Section 5 (4) of the Jury and Aldermen Act
31. ↑ § 5 Tyrolean State Fire Brigade Act
32. ↑ Section 53 of the Pension Act
33. ↑ Section 46 of the Federal Railway Pension Act
34. ↑ § 1 Ordinance on Exceptions to the Residence Act
35. ↑ § 1 Aliens Employment Act
36. ↑ § 1 Labor Inspection Act
37. ↑ § 100 Prison Act
38. ↑ § 16 Upper Austrian Funeral Burial Act
39. ↑ § 10 Vienna Corpses and Funeral Act ( Memento from September 9, 2012 in the web archive archive.today )
40. ↑ Section 30 of the Upper Austrian Funeral Burial Act
41. ↑ § 33 Styrian funeral burial act
42. ↑ § 24 Vorarlberg Corpses and Funeral Services Act ( Memento from December 15, 2012 in the web archive archive.today )
43. ↑ § 32 Vorarlberg Corpses and Funeral Services Act ( Memento from December 15, 2012 in the web archive archive.today )
44. ↑ § 3 cemetery regulations of the market community Telfs ( Memento of November 25, 2011 in the Internet Archive ) (PDF; 31 kB)
45. ↑ § 18 cemetery regulations of the community of Zams (PDF; 33 kB)
46. ↑ § 6 Ordinance on the Use of Cemeteries, Municipality of Bischofshofen ( Memento of February 21, 2007 in the Internet Archive )
47. ↑ § 5 Ordinance of the Styrian LR on the protection of animals
48. ↑ § 251 Execution Rules
49. ↑ § 1 Lower Austrian Events Act
50. ↑ § 1 Tyrolean Events Act
51. ↑ § 2 Trade Regulations
52. ↑ § 2 Tyrolean Camping Act
53. ↑ § 4 Tyrolean Residence Tax Act
54. ↑ § 2 Vienna Amusement Tax Act
55. ↑ § 1 Lower Austrian Utility Tax Act ( Memento from September 9, 2012 in the web archive archive.today )
56. ↑ § 1 Integration Agreement Regulation
57. ↑ § 12b Civil Service Act
58. ↑ § 5 Federal Youth Representation Act
59. ↑ § 4 Lower Austrian Seniors Act ( Memento from December 15, 2012 in the web archive archive.today )
60. ↑ § 2 Law on Amendment of the Right of Residence
61. ↑ § 3 Certificate Form Ordinance
62. ↑ Sections 15,19,22,24,25,28,29,32,34 Personal Status Act
63. ↑ § 18 Income Tax Act
64. ↑ Sections 8, 14, 14a Inheritance and Gift Tax Act
65. ↑ Federal Law Gazette I No. 9/2007
66. ↑ Federal Law Gazette I No. 39/2007
67. ↑ § 2 Real Estate Tax Act
68. ↑ § 6 Capital Transfer Tax Act
69. ↑ § 5a Security Police Act
70. ↑ § 3 Vorarlberg Administrative Fees Act ( Memento of May 27, 2015 in the Internet Archive )
71. ↑ § 36 Vienna Tax Code
72. ↑ Point 54 of the annex to the Upper Austrian municipal administration tax ordinance
73. ↑ § 7 Tourism Tax Act
74. ↑ § 36 Gambling Act
75. ↑ § 1 Upper Austrian Collections Act
76. ↑ § 1 Federal Foundation and Fund Act
77. ↑ § 20 Registration Act
78. ↑ § 1 Law on the establishment of a federal agency for sectarian issues