The
Venice Commission is the Council of Europe's advisory body on constitutional law. Yesterday, responding to a request from the government of Hungary for an advisory opinion, the Commission issued a 15-page report on Hungary's 2011 Act
On the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities. (
Full text). The Commission summarized its findings as follows:
107. As a whole, the Act constitutes a liberal and generous framework for the freedom of religion. However, although few in number, some important issues remain problematic and fall short of international standards.
108. The Act sets a range of requirements that are excessive and based on arbitrary criteria with regard to the recognition of a church. In particular, the requirement related to the national and international duration of a religious community and the recognition procedure, based on a political decision, should be reviewed. This recognition confers a number of privileges to churches concerned.
109. The Act has led to a deregistration process of hundreds of previously lawfully recognised churches, that can hardly be considered in line with international standards.
110. Finally, the Act induces, to some extent, an unequal and even discriminatory treatment of religious beliefs and communities, depending on whether they are recognised or not.
111. The Venice Commission was informed that - as a reaction to the draft opinion - the Government intends to introduce amendments, which is welcome. The Commission had no possibility to examine these proposals but it remains at the disposal of the Hungarian authorities for any further assistance.
AP reports on the Commission's opinion. (See
prior related posting.)
