Spain: Religious Freedom, Pluralism, and Legal Framework
Item 38: Spain’s Position on Religious Phenomena
Spain does not have a state religion. Key features include:
1. No State Religion
Article 16.3 of the Spanish Constitution (EC) states that no faith shall be considered a state religion. This means there is no official religion, forbidding any attempt at unification between state functions and religious needs. This separation is established in Constitutional Court ruling (STC) 24/1982.
An STC of November 9 established that there can be no religious symbols in public schools. However, the European Court of Human Rights (ECHR) issued a ruling on March 18, 2011, stating that the presence of religious symbols in public schools does not violate the right of parents to educate their children in conformity with their religious and philosophical convictions.
2. Non-Denominational State
The state is non-denominational, meaning there is no official religion. Therefore, religious instruction is not mandatory.
3. Recognition of Religious Pluralism
The state is obliged to recognize religious pluralism, which requires state neutrality. Article 16.3 states that public authorities must take into account the religious beliefs of Spanish society and maintain cooperative relations with the Catholic Church and other religions. This cooperation takes two forms:
- Facilitating the establishment of religion in public life.
- Permitting religious instruction in public schools, although education is not compulsory.
This principle of cooperation (PPIO) is further developed in Organic Law (LO) 7/1980 on Religious Freedom.
To acquire legal personality, religious organizations must register with the Registry of Religious Entities (LOLR). The entity establishes the possibility of a cooperation agreement with registered religious entities that have deep roots in Spain, either geographically or by the number of believers. These agreements must be approved by law. The principle is based on equality between faiths, and denominations may receive religious tax benefits under Spanish law for entities of a beneficial character.
The Advisory Committee for Religious Affairs is created, which must issue a prescriptive opinion prior to any cooperation agreement.
Item 38: Freedom of Ideology and Religion
Ideological freedom, as set out in Article 16 of the EC, is twofold:
- Internal: Thoughts that are not manifested externally and are subject to unlimited freedom.
- External: The expression and manifestation of ideology. This right is limited by:
- Public policy: Cannot alter order, security, morals, or public health.
- No one is forced to testify about their ideology, religion, or belief.
- There can be no discrimination based on opinion.
- Respect for the rights of others, even if they have opposing ideologies.
This right should not be confused with the right to freedom of expression, as they have different limits (intimacy, honor, and image), while the right to freedom of ideology has fewer limits.
The question arises whether ideology can be anti-regime and anti-system. In principle, it could be, if it does not incur the criminal act of advocating terrorism or aggravating racist crimes.
Religious freedom is governed by Organic Law 7/1980 on Religious Freedom and has two dimensions:
- Individual: Covers a range of individual rights such as freedom of belief, acts of worship, the right to education, and freedom of assembly.
- Collective: Comprises religious rights such as the right to establish places of worship, the administration of the religious institution to enact the creed, and to interact with members at a national and international level.
You must be registered in a register. Article 3 of the Law of Religious Freedom defines religious entities as those whose activities relate to research or experimentation with psychic or mental phenomena, or those with late humanist and spiritual practices.