Legal framework on freedom of religion and actual application
The Constitution of the Republic of Latvia (Satversme) defines the country in its Preamble “as a democratic, socially responsible and national state [...] based on the rule of law and on respect for human dignity and freedom; it recognises and protects fundamental human rights and respects ethnic minorities.” It follows by mentioning that the identity of Latvia has been shaped, among others, by “Christian values”, and ends by enunciating, “God, bless Latvia.”
Article 99 of the Latvian Constitution guarantees “freedom of thought, conscience and religion” as well as the separation of Church and State. The limits to this are on any acts that threaten “public safety, welfare, morals” and the rights of others, but “restrictions may also be imposed on the expression of religious beliefs” (Article 116). Freedom of expression is guaranteed and “censorship is prohibited” (Article 100). The state defines marriage as “a union between a man and a woman”, and protects “the family, the rights of parents and the rights of the child” (Article 110).
The Law on Religious Organisations defines the constitutional right to freedom of religion, including the freedom to choose, change, and express religious beliefs (Article 2, 2). The Law recognises the right of parents and guardians to bring up their children in accordance with their religious beliefs (Article 5, 3). It also regulates the registration of religious organisations (Article 5). Religious groups are not required by law to register, but doing so provides them with certain rights and privileges such as a legal entity status for owning property (Article 16), conducting financial transactions, and providing tax benefits for donors.
Registered religious groups are permitted to conduct religious activities in hospitals, prisons, and military units (Article 14, 5). With the agreement of local authorities, they may also hold services in public places such as in parks and in public squares (Article 14, 3). The eight “traditional” religious groups recognised by law are: Lutherans, Catholics, Latvian Orthodox Christians, Old Believers, Baptists, Methodists, Seventh-day Adventists, and Jews. These eight groups are also the only religious groups that are represented on the government’s Ecclesiastical Council.
To register, a religious group must have at least 20 members over the age of 18 recorded in the population registry (Article 7, 1). Foreign missionaries may only receive a residency permit, hold meetings, or proselytise if they are invited to do so by local religious groups (Article 14, 4). Registered organisations must submit annual reports on their activities to the Ministry of Justice (Article 14, 7).
Based on a curriculum approved by the Ministry of Education, Christian religious education can be conducted in public schools (Article 6, 2) by Evangelical Lutheran, Roman Catholic, Orthodox, Old Believer, and Baptist teachers, so long as there are at least 10 interested pupils (Article 6, 3). In public schools that cater to minorities, religious education in that faith may also be taught (Article 6, 4). Religion and ethics education are financed through the state budget (Article 6, 5).
Incitement to national, ethnic, racial, or religious hatred, enmity, threats, or violence is a crime.
In 2016, the Ministry of Justice proposed a law banning the full-face Islamic veil and other face coverings in public, and in 2017 the Cabinet of Ministers indicated its support for the law. In 2017, the Human Rights Commission declared its opposition to the legislation, and the law never reached its first reading in parliament. Halal and kosher slaughter are allowed in Latvia, but require post-cut stunning.
Incidents and developments
No hate crimes were reported by Latvian authorities to the OSCE ODIHR (Organisation for Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights) in 2021 or in 2022, and the last hate crime data were submitted in 2016.
According to the U.S. Report on International Religious Freedom 2021, there were hate speech incidents reported by different independent organisations. These took place on the internet, particularly on social media, with the most targeted groups being Jews and Muslims.
After the 2022 Russian invasion of Ukraine, the Saeima, in September 2022, amended the Law on the Latvian Orthodox Church and ordered the Latvian Orthodox Church to accept the status of autocephaly thus breaking all their links with Moscow. This change followed Russian Orthodox Church authorities’ remarks supporting the invasion, particularly those of Patriarch Kirill. None of the other Orthodox Churches have recognised the autocephaly of the Latvian Church as of February 2023.
This decision was controversial, since it was viewed by many as an interference by the state in Church affairs and as a violation of the separation between Church and State enshrined in law. Since the question of autocephaly is one of Canon Law rather than of State Law, some have questioned whether the decision is valid. The Moscow Patriarchate had not yet replied to the request by the Latvian authorities to accept the autocephaly, but the head of the Moscow Patriarchate's Department for Dioceses in Neighbouring countries - Metropolitan Pavel - stated: “The amendments made on September 8, 2022 by the Saeima of the Republic of Latvia to the law ‘On the Latvian Orthodox Church’ on its ‘autocephaly’ were adopted without the consent of the Church, are exclusively legal in nature and relate only to the legal status of the Church in Latvia, which was announced on September 9th 2022 by the press service of the Latvian Orthodox Church.”
The Catholic Church has maintained its activity under normal conditions, and the Church is implementing a plan to complete and publish a translation of the Breviary into the Latvian language. Moreover, the Catholic Church has shown support to Ukraine ever since the invasion took place, organising many fund-raisers and activities, often led by the Ukrainian Greek-Catholic Church.
The Action and Protection League issued a report on anti-Semitism in Latvia, which showed that six percent of 1000 respondents in Latvia had strong negative feelings towards Jews, whereas 11 percent of them stated they had moderate anti-Semitic feelings.
Prospects for Religious Freedom
There were no significant new or increased governmental restrictions on religious freedom during the period under review. The recent crisis relating to the Russian invasion of Ukraine has increased tensions that have led the state to interfere in Church affairs, which is considered a violation of the separation between Church and State in the constitution. Otherwise, the overall societal situation remains stable and the prospects regarding the right to religious freedom appear positive.
Latvia