Religious Support in Public Institutions: Legal Framework and Practical Application
Religious Support
Religious support is available to individuals whose personal circumstances necessitate it. It is rooted in state-provided assistance but extends to spiritual guidance. Broadly, it encompasses any state-provided help catering to citizens’ religious needs. Strictly speaking, it refers to state actions establishing conditions under which religious individuals can receive specialized assistance. The key feature is its nature as a state activity, founded on Article 2.3 of the Organic Law of Religious Freedom (LOLLR).
State-Provided Religious Support
This support occurs in state centers where citizens are subject to special schemes. Several models exist:
- Organic Integration: Religious ministers are integrated as state officials within a specialized body, such as the Armed Forces.
- Concertación (Agreements): Agreements between state/regional authorities and religious confessions outline the means of providing legal assistance and linking with government ministers (e.g., the Catholic Church).
- Free Access: State or autonomous regions facilitate the entry of religious ministers into public institutions (e.g., schools) to exercise spiritual functions without formal legal links (e.g., FEREDE).
- Freedom of Exit: Public centers allow individuals to leave and attend worship in their chosen confession (e.g., FCI-ICE).
The state is obligated to provide the means for religious attendance. Individuals have the right to this support (Article 2.1 LOLLR), and religious confessions assist directly.
Religious Support in Hospitals
Article 4 of the Legal Agreement between the Spanish State and the Social Security, the Framework Agreement of July 24, 1985, the Convention of April 23, 1986, and other regional/local conventions (respecting the framework agreement) govern this support. Hospitals must provide dedicated spaces (chapels), with economic costs borne by the state. Recipients include patients and hospital staff. Agreements often exist between the bishop and the hospital director.
Religious Support in Correctional Centers
The General Organic Law of Penitentiaries (LOGP) of September 26, 1979, and the Prison Regulations of February 9, 1996 (Article 230) provide the framework. For the Catholic Church, Article 4 of the May 20, 1993 agreement applies. Other confessions are covered by Article 9 of the Royal Decree of June 2006. Regarding dietary needs (Article 14 of the International Covenant on Civil and Political Rights), Muslim inmates’ observance of Ramadan is specifically addressed. Article 222 of the Prison Regulations mandates respecting dietary requirements as far as possible. Prison authorities provide access and cover expenses. The regulations ensure all inmates’ right to seek assistance from registered religious denominations, respecting the rights of other inmates.
Ministers of Worship
Ministers of Worship are individuals who perform religious functions, providing attendance and teaching, with stable certification from their church or community. Their legal regime is defined by the Royal Decree of July 28, 1976, Article 2.2 and 6 of LOLLR, and Article 3-6 of FEREDE. Military service regulations are outlined in the agreement with the Catholic Church (January 3, 1979, Article 5), exempting bishops and similar figures. Other confessions are covered by Article 4 of their respective agreements. Secret ministers are acknowledged in Article 2.3 of the Catholic Church agreement, Article 3.2 of FEREDE, and Article 417-717 of the Criminal Code. Jewish ministers must be permanent, stable, and have rabbinic studies. Labor and social security regulations are complex, with ministers considered employees for social security purposes (Royal Decree of August 27, 1977, Article 1). Unemployment, illness, and accident provisions are generally lacking, and the contribution base is minimal.
Freedom of Education
Recognized in Article 27.1 of the Spanish Constitution and the preamble to the Organic Law of the Right to Education (LODE, July 3, 1985), this freedom encompasses the creation of diverse public schools, the right to establish private institutions (Constitutional Court ruling, February 13, 1981), academic freedom, and parental rights regarding their children’s religious and moral education. Key rights and freedoms include the right to receive education, free compulsory education, parental rights to choose religious and moral education, freedom of teaching, and freedom to establish educational centers.
Parental Right to Choose Education
Article 27.3 of the Constitution and the LODE preamble affirm this right. Constitutional Court and Supreme Court rulings, along with international instruments ratified by Spain, extend this right to all educational levels. This right applies to both public and private centers. Only beliefs enjoying respect in a democratic society and compatible with human dignity are protected. Religious freedom cannot supersede the law in education. In public schools, ideological indoctrination by teachers is prohibited, and religious teaching and practice are enabled. Private schools can establish an ideology.
Freedom of School Creation and Financing
Article 27.6 of the Constitution and Article 108 of the LOE address this. Private schools can benefit from the “concertado” (subsidized) regime. Limits on creation include respect for fundamental rights, laws protecting honor, privacy, and youth, and constitutional principles. Schools must provide integrated education and meet regulatory requirements. Owners cannot be those convicted of fraud or similar crimes, or those legally deprived of this right. Legal persons with problematic individuals holding over 20% of capital are also restricted. Administrative authorization is required.
Ideology in Private Schools
Article 115 of the LOE grants private school owners the right to establish an ideology. This must be clearly formulated and cannot be changed mid-course. Private schools enjoy full autonomy in management and administration.
Academic Freedom
Article 20.1 of the Constitution and Article 3 of LODE protect academic freedom. Teachers can freely express their beliefs. This freedom varies across institutions and levels. It is the right to express knowledge without adhering to official doctrine. Limits are outlined in Article 20.4 of the Constitution and Articles 27.2 and 27.3. Public school teaching must avoid ideological orientation. In private schools, this freedom is limited by educational level and the school’s ideology. The January 3, 1979 agreement recognizes Catholic teaching in all schools and its inclusion in the curriculum, but without mandatory teaching or requiring teachers to adhere to that confession.
Religious Support in the Armed Forces
Royal Decree 1145/1990 establishes religious service attendance in the Armed Forces. Act 17/1999 governs military personnel. Agreements with the Catholic Church (January 3, 1979) and FEREDE (Article 8) outline specific provisions.