Legal framework on freedom of religion and actual application
In the Czech Republic, the protection of religious freedom is enshrined in both its Constitution and Charter of Fundamental Rights and Freedoms. The Charter, adopted in 1991, stipulates that there is no state religion or ideology (Article 2, 1) and grants fundamental rights to all citizens regardless of their faith or religion (Article 3, 1). Article 15 (1 and 3) guarantees freedom of thought, conscience, and religious conviction, as well as the right to change religion, or have no religion at all. The Charter also protects conscientious objection to military service. Individuals have the right to practise their religion, alone or in community, in private or public, “through worship, teaching, practice, or observance” (Article 16, 1).
The Charter recognises the freedom of religious organisations to oversee their own affairs, establish their own bodies, appoint clergy, and create religious orders without state interference (Article 16, 2). Religious freedom may be limited by law only as necessary for the protection of “public safety and order, health and morals, or the rights and freedoms of others” (Article 16, 4).
Committing a crime out of religious hatred is an aggravating circumstance under criminal law. Public defamation of a group of people because of their religious beliefs, or lack thereof, is illegal (Section 355, 1-2), as is incitement to hatred towards any religion (Section 356, 1-3).
The law on religious freedom outlines the procedure for religious groups to register with the Ministry of Culture. Registration is not required (Section 4), but the state only recognises registered groups. The registration application must contain the organisation’s founding and operational documents, basic articles of faith, a statement that the organisation will respect the laws and will be tolerant of other religions, along with the signature of 300 adult members who are citizens or permanent residents of the Czech Republic (Section 10).
Registered Churches may apply for a special status under Section 11 if they have been duly registered, and published annual activity reports, for at least ten years. They must also provide proof of membership of at least 0.1 percent of the population. With such status, a Church can receive tax benefits and government funding, establish schools, teach religion in public schools, provide spiritual services in the military and prisons, and perform marriages (Section 7). As of 2022, there were 44 registered Churches and religious communities. This included the registration of two new groups in 2022: the Essay Christian Church and Slavs — a religious society. Two Churches or religious societies were denied registration by the Ministry of Culture during the relevant reporting period: Eleutherianism and the Holy Crown Protestant Church.
The Czech Republic has courted some unusual Churches and religious societies such as the Beer Church and the Ecclesia Risorum (Church of Laughter).
Legislation imposing a tax on financial compensation to Churches for property confiscated under the Communist regime was signed into law in May 2019 but was later overturned by the Constitutional Court. Compensation for Church property taken during the socialist rule of the Czech Republic continues to be an issue for many Christian and Jewish communities.
Incidents and developments
In January 2021, the Olomouc Appellate Court upheld the convictions of the leader of the Path of Guru Jara (PGJ) group and a female member for the rape of six women. The two individuals are currently held in a detention centre in the Philippines seeking asylum. The PGJ has several other outstanding conflicts with the Czech authorities, which have been the subject of litigation.
The repair of the Sedlec Ossuary at the Church of All Saints, one of the most unique Christian heritage sites in the Czech Republic, is in danger of running out of funds. The repair work, reliant on donations, quickly slowed as tourist numbers dropped dramatically during the Covid-19 pandemic.
In April 2021, the Grand Chamber of the European Court of Human Rights delivered its long-awaited judgment in the Case of Vavricka and Others v. the Czech Republic. The Court found no violation of the European Convention on Human Rights by the Czech government for legally mandating childhood vaccines. The Court rejected the applicants’ Article 9 claim (freedom of thought, conscience, and religion) on the basis that it was not fully pled during domestic proceedings and that none of the applicants could evidence a serious and coherent belief relating to not taking vaccines.
In June 2021, the Ministry of Interior granted protection to several Chinese Christians who were denied asylum by the Czech government in 2018. The measure prevents their forced return to China.
In September 2021, the Brussels based NGO Action and Protection League surveyed 1000 people in the Czech Republic, finding that 21 percent of respondents held negative feelings against Jewish people.
In October 2022, a member of Ecclesia Risorum had his lawsuit dismissed after he appealed a Ministry of Justice decision refusing his request to allow him to laugh for his national ID photo. The man claimed that laughter was a central tenet of his religious beliefs.
On 16 November 2022, the Digital Services Act came into force, which creates multi-layered oversight at the national, EU and individual level to identify, combat, and remove online hate.
In November 2022, during the Czech Presidency of the Council of the European Union, the international Terezín Declaration Conference was opened in the Czernin Palace by the Czech Minister of Foreign Affairs Jan Lipavský. The Declaration, endorsed by 47 states including the Czech Republic, seeks to support the fight against antisemitism.
Czech police have reported 37 antisemitic incidents and seven anti-Muslim incidents to the OSCE’s hate crime’s database for 2021. Other sources have reported 22 antisemitic incidents and two anti-Muslim incidents to the database. The majority of registered cases related to threats, many of them through social media. The Ministry of Interior reported that 16 of the registered 37 criminal offences motivated by antisemitism in 2021 were solved. While the number of antisemitic motivated crime numbers in 2021 were higher than 2019 and 2020, they still represent a significant decrease from the highs registered in 2014 and 2015. Two of the seven reported anti-Muslim crimes were solved by police.
The Federation of Jewish Communities in the Czech Republic recorded 1128 antisemitic incidents in 2021, the vast majority of them occurring online. Among the recorded incidents was one physical assault, three desecrations of Jewish property, and five threats of physical violence, harassment, or insult.
In 2022, Czech and Slovak authorities took joint action against neo-Nazi activity, arresting a 22-year- old male suspected of committing several terrorist and extremist related crimes.
Concern for religious freedom and persecution are reflected in the yearly conference on the subject at the Karolina University, followed by the illumination of hundreds of religious and government buildings in Prague, and other cities of the Czech Republic, in red lights. This event called “Cervena Streda” (“Red Wednesday”), is regularly held at the end of November since 2017 and is attracting increasing attention from the public. Originating from the Catholic pontifical foundation Aid to the Church in Need, it is co-organized by the Karolina University, the Catholic Bishops Conference, the Federation of Jewish Communities, the Ecumenical Council of Churches and the KDP think-tank.
The Czech Republic has had no adverse judgments or newly communicated cases before the European Court of Human Rights in the area of religious freedom during the reporting period.
Prospects for freedom of religion
It appears that there were no significant new or increased governmental restrictions on religious freedom during the period under review. However, rising antisemitism and intolerance against Muslims, mostly on the Internet, should be monitored as a potential prelude to physical violence. The adoption of the Digital Services Act, which will become directly applicable to the Czech Republic in February 2024, provides authorities and civil society new measures to identify and remove online hate speech, which may lead to a significant decrease in the presence of such online content. The prospect for religious freedom remains positive.
Czech Republic