Legal framework on freedom of religion and actual application
The Constitution of Romania broadly protects religious activity. The constitution prohibits religious discrimination and guarantees “the preservation, development and expression” of an individual’s religious identity. Moreover, it guarantees freedom of expression, but this is limited to the extent that it causes incitement to religious hatred or discrimination. The constitution further protects the right of parents to educate their children in accordance with their own convictions and mandates public schools to provide religious education as organised by law.
Article 29 is the primary constitutional provision for protections to religious freedom. The same article guarantees freedom of conscience and prohibits forced conversion. Article 29 allows religions to organise “in accordance with their own statutes, under the terms laid down by law.” It further guarantees that religion will be autonomous from, but supported by, the state “including the facilitation of religious assistance in the army, in hospitals, prisons, homes and orphanages.”
The 2007 Law on the Freedom of Religion and the General Status of Denominations sets forth the Romanian statutory framework on freedom of religion. Under Article 2 of the Law, freedom to manifest one’s faith “cannot be subject to any restrictions other than those required by law, and which are necessary in a democratic society for the protection of public safety, public order, health or morals, or for the protection of fundamental human rights and liberties.” Moreover, the Article prohibits the religion of children between the ages of 14 to 16 to be changed without their consent. The law also guarantees state neutrality “towards any religious or atheistic ideology” as well as equality between religious denominations before the law.
The 2007 Law further establishes the structure of state support for different religious communities. The law divides religious organisations into three categories: religious groups, religious associations, and recognised religions. Religious communities with a “distinct legal entity status” are classified as recognised religions, and include those religious communities with a “distinct legal entity status.” Religious associations and religious groups without this status are regarded as “religious groups.”
Religious groups are defined as groups of people who adopt, share, and practise the same religion but have not registered as a legal entity. Religious associations are legal entities comprised of at least 300 citizens, which have attained a legal status through registration with the Registry of Religious Associations. Although registered, religious associations do not receive government funding, however, they do get limited tax exemptions. Recognised religions have the highest level of support from the government and are public-utility legal entities entitled to state financial support. To be eligible for state support and to be considered a legally recognised religion, a religious association may apply to become a recognised religion after 12 years of continuous activity and with a membership of at least 0.1 percent of the population.
Students belonging to recognised religions are guaranteed religious education in their own religion in public and private schools, regardless of the number of students in the school. Such religious classes are optional; parents of minors and students 18 years or older may opt out. Recognised religions may operate religious courts for internal disciplinary measures and are allowed to hire, elect, or terminate religious employees according to their own laws. All religious communities are free to choose their legal structure, but all must observe the country’s laws and constitution, and must not “threaten public safety, order, health, morality” or “fundamental human rights and liberties.”
Additional statutes protect property previously confiscated by the Romanian government because of past persecution of the religion of the property’s owner. The law governs restitution of property confiscated from the Jewish community and other religious groups during WWII and the communist era. Holocaust survivors and their immediate relatives are eligible for a monthly pension or other compensation. A separate law returns properties to the Greek Catholic Church from the Romanian Orthodox Church.
Romania prohibits Holocaust denial and religiously motivated crimes and discrimination.
Incidents and developments
According to the Organization for Security and Co-operation in Europe (OSCE), in 2021, Romania reported seven hate crimes recorded by police, 54 hate crime prosecutions, and 124 cases where an individual was sentenced for a hate crime. In addition, the OSCE reported that, in 2021, they received reports of two anti-Christian attacks and one anti-Roma attack outside of those officially reported by Romanian officials. This was an increase from 2019 (the last year for which data was available), where two hate crimes were recorded by police, two hate crime were prosecuted, and 33 cases where an individual was sentenced for a hate crime. According to the Romanian General Prosecutor’s Office, there were 31 reported incidents of anti-Semitism in 2021, up from 18 reported incidents in 2020.
In 2021, as in previous years, the Greek Catholic Church reported delays in court decisions concerning property restitution cases. Other groups, including the Federation of Jewish Communities, the Reformed, Roman Catholic, and Evangelical Lutheran Churches, reported similar delays.
The Romanian Orthodox Church has also faced challenges and tensions with foreign Orthodox communities as a result of Russia’s 2022 invasion of Ukraine. In 2022, the Romanian Orthodox Church took in a significant number of refugees, offered financial support to Ukrainian refugees, (amounting to over eight million euros) and some clergy openly criticised Russia.
At the same time, there was criticism of the Ukrainian government’s attempt to ban certain branches of Orthodox Christianity from operating in Ukraine. This led to tensions among Romanian politicians, as well as between Romanian Orthodox clergy and Ukrainian authorities, which they accused of religious repression, leading to calls for the Ukrainian government to respect the rights and freedoms of Orthodox communities, particularly Romanian Orthodox communities living in Ukraine.
There were several anti-Semitic incidents over the period under review. In March 2021, the director of the Jewish State Theatre received death threats, which included anti-Semitic slurs. In June 2021, a Jewish cemetery in Ploesti was vandalised, and later in September, a memorial in Bistrita to holocaust victims deported to Auschwitz and Birkenau was also vandalised.
A recent survey conducted in Romania by a Belgian NGO found that 14 percent of Romanians aged 18–75 had negative feelings towards Jews.
In May 2021, the Romanian government approved a two-year national action plan “to combat antisemitism, xenophobia, radicalization, and hate speech”. Goals included: “to seek to improve data collection on antisemitic incidents, revamp training programs for law enforcement and magistrates, update the school curriculum on the Holocaust, and develop relevant cultural programs”.
In late 2022, the Romanian government announced a law protecting Kosher animal slaughter rituals after a recent EU Court ruling upheld bans on the practices in two Belgian provinces.
During the coronavirus pandemic of 2020, the government imposed a range of restrictions on public gatherings, including religious services. Over the period under review, government officials met with representatives of religious denominations to establish and amend guidelines. In October 2021, Orthodox Bishop Ambrose of Giurgiu “told worshippers not to ‘rush to get vaccinated.’” The police “placed him under criminal investigation for spreading ‘dangerous disinformation.’”
Prospects for freedom of religion
Generally, the right to religious freedom is respected and lived. The government responded promptly to concerns regarding a spike of anti-Jewish sentiment and anti-Jewish motivated crimes by enacting laws to protect Jews and by approving a two-year national anti-Semitism action plan.
Although the war in bordering Ukraine is challenging the already tense relations between the Romanian Orthodox Church and other branches of Christianity, and issues remain to property restitutions, the prospects for freedom of religion remain positive in Romania.
Romania