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Christianity in the Constitution?
John Coughlan
Where do the European Unions member states stand on a reference to Christianity in the preamble of the future EU Constitution?
Countries actively in favor:Ireland, Italy, Lithuanie, Malta, Poland, Portugal, Slovakia, Spain
Countries rather favorable: Austria, Czech Republic, Germany, Hungary, Latvia, Luxemburg, The Netherlands
Countries still waiting: Cyprus, Denmark, Estonia, France
Country actively opposed: Belgium
Europe Info (11.2003)/ HRWF Int. (29.12.2003) Email info@hrwf.net - Website http://www.hrwf.net - Everyone knows that the Pope would like Europes Christian roots to be mentioned in the preamble of the EUs future Constitutional Treaty. But where do Europes governments stand? It is they, after all, who will decide.
Among the most enthusiastic supporters of a reference to Christianity is Italy, which currently holds the EU Presidency. Europes identity is indicated in the preamble, explained Gianfranco Fini, the Deputy Prime Minister, at the opening of the Inter-Governmental Conference (IGC) on 4 October. It is one that arises from the common cultural, humanist and religious inheritance of Europe, which the Italian government believes should be traced explicitly to the values of the Judeo-Christian tradition. With the complete assurance of the secularity of political institutions, and in absolute respect for all other faiths, we trust in the ability of the IGC, called upon to write the Old Continents future rules, to render homage to two thousand years of historical truth.
The Italian Presidency has decided to concentrate on Europes Christian heritage rather than a reference to God. Despite the constitutional traditions of countries such as Germany and Poland, where referring to God is seen as a denial of human totalitarianism, this proposal did not gather widespread support across the EU.
Poland is nevertheless in the forefront of the campaign for Christianity. At a summit on 27 August, the Polish and Lithuanian Presidents declared their support for Pope John Paul IIs initiative that Christian values should be mentioned in the future constitution. They are joined by the leaders of Hungary, Ireland, Malta, the Netherlands, Portugal, Slovakia and Spain.
Cyril Svoboda, the Czech Foreign Minister, is careful to emphasise other traditions as well: Our country favours mentioning specific values which have created a particular civilised space for the European Union - for example, the traditions of Greek philosophy, Christian and Jewish religion and the traditions of the Enlightenment.
Some, on the other hand, whilst open to mentioning Christianity, do not want it to become a sticking point in the negotiations. I am not against the preamble being enriched by a reference to Christianity, but () I would not want Europe to be incapable of compromising on a matter of religious tolerance, says Jean-Claude Juncker, Luxembourgs Prime Minister. This view is shared by Austria and Germany.
The doubters
Frances reticence about mixing Church and State is well-known. The Christian origins of European civilisation are undeniable, says Jacques Chirac. But France is a secular state and so is not accustomed to having a statement of a religious nature in a constitutional text. Nevertheless, France, along with Finland, Greece and the United Kingdom, will wait and see what the Italian Presidency proposes before passing final judgement.
The strongest opposition to any reference to Christianity comes from the Belgian Government, which judges that such a reference is not appropriate in a constitutional text and emphasises that the future Constitution, by including the Charter of Fundamental Rights, already provides for freedom of thought, conscience and religion. This position is likely to be supported by Cyprus, Denmark, Estonia and Slovenia.
More member states seem to favour mentioning Christianity than are opposed, with a significant number willing to fall in with whatever consensus emerges. In the end, the decision may come down to pragmatic considerations. The lack of a more precise reference to values with which Poles can identity will lead to bewilderment and disappointment, the Polish government warned before the IGC. Will the threat of losing a referendum on the future Constitution tip the balance?
New draft of constitution fails to mention Christian roots
Zenit. Org (10.12.2003) - HRWF Int. (15.12.2003) - Email info@hrwf.net - Website: http://www.hrwf.net - A new draft of the European Constitutional Treaty does not mention the continent's Christian roots, a topic that has attracted much papal concern.
The text's failure to mention Christianity was confirmed in a press meeting today by Franco Frattini, Italian Minister of Foreign Affairs.
The Italian presidency of the European Union will present the document at the Brussels summit this Friday and Saturday. Frattini said that "the heads of government will decide directly" on the issue.
Monsignor Aldo Giordano, secretary of the Council of European Bishops' Conferences, said that the prelates look with "great expectation" to the Brussels meeting.
At the same time, Monsignor Giordano thinks that Article 51 guarantees a "transparent and regular" dialogue between European institutions and the churches and religious communities, "an important novelty for the churches, from the juridical point of view."
"In addition," he told Vatican Radio in an interview, "the fact that the Constitutional Treaty includes the Charter of the Fundamental Rights of the European Union means that there are elements that guarantee freedom and freedom of religion."
EU accession countries: What about religious freedom?
by Arie de Pater
Forum 18 (02.12.2003)/ HRWF Int. (09.12.2003) - Website: http://www.hrwf.net/ - Email: info@hrwf.net - May 2004 will see the enlargement of the European Union (EU) with ten new member-states, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic and Slovenia. Several others - Bulgaria, Croatia, Romania and Turkey - would like to join but will have to wait until at least 2007. The European Council insists that candidate countries must ensure "stability of institutions guaranteeing democracy, the rule of law, human rights and the respect for and protection of minorities". Fine words, but what about the right to freedom of religion?
The Dutch Christian human rights organisation Jubilee Campaign NL, closely linked to namesakes in the United Kingdom and the United States, has compiled a report about the religious law and practice in the new and future EU member-states with the assistance of Forum 18 and others (report downloadable from 'Hearings' page of the Forum 18 website at http://www.forum18.org/Hearing20031202.html ).
The EU's acceptance of the ten new members means that, in the eyes of the European Council, these states comply with the political and economic criteria. Yet Jubilee Campaign NL's report has found that this is not the fact as far as religious freedom is concerned. Criticism of religious law and practice can be levelled at the Czech Republic, Hungary, Latvia, Lithuania, the Slovak Republic and Slovenia.
In the states which have applied for membership in 2007 or thereafter, only Croatia seems to come close to respecting fully the right to freedom of religion. In the other countries, much work still has to be done.
Most astonishing is the situation in Bulgaria, one of the countries hoping to join the EU in 2007. The Denominations Act, which came into force on 1 January 2003, has been seriously criticised by - among others C the Bulgarian Helsinki Committee and the United States Commission on Security and Cooperation in Europe (CSCE). Yet in the 2003 Comprehensive Regular Report published by the European Commission on 5 November (available with other accession reports at http://europa.eu.int/comm/enlargement/report_2003/index.htm), the new law is only mentioned and the positive aspects are highlighted. There is no criticism. By contrast, and to its credit, the report on Turkey contains several pages of detailed and specific criticism of restrictions on religious freedom.
In most of the Central and East European countries, the governments favour majority or so-called "traditional" religions, while minority religions or beliefs are sidelined. The latter are at the very least regarded as foreign and strange - or at worst as dangerous. As governments feel obliged to protect society from harmful influences, they adopt a defensive attitude towards these new religious groups. Illustrating this, these new religious movements are often described pejoratively as "sects".
Tne defensive tactic is the compulsory registration of religions and beliefs. Registration as such does not violate the religious freedom of citizens, but in practice registration procedures are often discriminatory as the procedure is usually not confined to administrative questions. The authorities often take it upon themselves to assess the aims of the group and statements of faith. As this process is often opaque and therefore not subject to control, the registration procedure is open to arbitrary decisions and abuse.
In both the Czech and the Slovak republics, there is a minimum membership requirement for registration, respectively 10,000 and 20,000. This does not necessarily infringe on religious freedom but it does when registration is compulsory or when registration is necessary to obtain state funding or other privileges.
In practice, new religious movements in the Slovak republic are forced to register with the Ministry of the Interior as civic-interest associations to obtain juridical status. The Slovak Institute of State-Church relations points out, however, that this is illegal as this type of association may not have a religious purpose.
Governments must be highly careful when identifying religious movements as dangerous. When religion or belief is on occasion misused by some individuals, these individuals should be prosecuted under the normal criminal law, but this should only exceptionally be a reason to suspend the whole group.
Given that the report unveiled several serious shortcomings in religious law and practice of the ten states already accepted for membership, the European Commission must review its opinions and oblige the new member-states to bring their legislation into compliance with international human rights treaties as quickly as possible.
With the presentation of the regular reports of the European Commission, the EU Enlargement Commissioner Gnther Verheugen presented a list of 39 urgent points on which the candidate countries must make improvements before 1 May 2004. These points all relate to the economic criteria. The Commission must add at least one extra point to this list of critical remarks: this 40th point is the right to freedom of religion and belief. This right is too fundamental to be neglected.
EU to act on religion in the workplace
By Richard Carter
EU Observer (20.10.2003)/ HRWF Int. (23.10.2003) - Website: http://www.hrwf.net/ - Email: info@hrwf.net - Under new EU laws which will come into force in December, a workplace must provide space for religious workers to pray, whether they are Muslim, Jewish, Christian, Sikh or any other religion, writes the Sunday Times.
Workers will also be given time off to attend religious festivals and events.
The regulations - known as the employment equality rules - will allow Christians to refuse to work on a Sunday and Jews to refuse to work on a Saturday. Muslims will be entitled for time off to attend their annual festivals, known as Eid.
Some religious observances could become commonplace in the workplace.
The rules will allow Sikhs to carry a hidden ceremonial sword to work. Muslims will have to be given time off work for a pilgrimage to Mecca - which each Muslim is supposed to perform once in his or her life. Hindus must be allowed to shave their head as a sign of mourning and be allowed to scatter the ashes in the Ganges, in India - requiring a lengthy period off work.
The rules have already created confusion amongst employer groups. The Confederation of British Industry told the Sunday Times, "if you stop production at Christmas, should we be keeping our plant or offices open for non-Christians in the workplace?"
EUROPEAN PARLIAMENT
Session document
FINAL A5-0281/2003
REV1
21 August 2003
REPORT
on the situation as regards fundamental rights in the European Union (2002)
(2002/2013(INI)
Committee on Citizens' Freedoms and Rights, Justice and Home Affairs
Rapporteur: Fod Sylla
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
on the situation as regards fundamental rights in the European Union (2002) (2002/2013(INI))
The European Parliament,
()
Freedom of thought, conscience and religion
33. Calls on the Member States and the EU to promote interfaith dialogue insofar as it condemns all forms of fanaticism and fundamentalism and to guarantee the principle of secularism, which does not rule out the teaching of the history of religions in school; considers that such a dialogue and such teaching ought to devote proportionate attention to non-religious world views;
34. Calls, while approving the progress made in Greece with regard to respect for freedom of religion and belief, for the criminal law provisions on proselytism to be repealed and for Muslims to be able to obtain authorisation to build mosques and have cemeteries where they can bury their dead in accordance with their religious traditions;
35. Recommends once again that Finland and Greece amend their legislation on the duration of alternative civilian service with a view to removing any punitive and discriminatory aspects;
36. Warns the Member States once again against the dangers posed by the activities of so-called cults which are a threat to the physical or mental integrity of individuals, and calls on the Member States, by means of their normal criminal and civil law, to combat unlawful practices and abuses on the part of these so-called cults;
()
EXPLANATORY STATEMENT
()
Freedom of thought, conscience and religion (Article 10)
- (a) International conventions
The Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) (STE 005) of 4 November 1950 (Article 9: Freedom of thought, conscience and religion).
(b) Case law
In 2002, the European Court of Human Rights delivered a judgment (Agga case) concerning Greece, which specifies a number of important points on the scope of the right to manifest ones religion. Mr Agga was elected by local believers as Mufti of Xhanti. When the Greek State proceeded to appoint another Mufti, Mr Agga refused to step down. Criminal proceedings were brought against him on the basis of Articles 175 and 176 of the Penal Code for having usurped the functions of a minister of a "known religion". The European Court considered that Mr Aggas conviction amounted to an interference with his right under Article 9 of the Convention, "in community with others and in public (...), to manifest his religion (...) in worship [and] teaching". In the Courts view, punishing a person for merely presenting himself as the religious leader of a group that willingly followed him can hardly be considered compatible with the demands of religious pluralism in a democratic society. In the absence of any "pressing social need" justifying the conviction, the Court found Article 9 of the Convention to be violated.
In another case concerning Greece, the European Court of Human Rights declared inadmissible the applications by four Greek nationals who considered that the prohibition of any reference to religion in identity cards, even on an optional basis, was incompatible with religious freedom.
(c) International conferences
- - Seminar on Human rights, culture and religion: convergences or conflicts?, organised by the Council of Europe Commissioner for Human Rights, Louvain-la-Neuve, 9-10 December 2002.
- Annual Report on International Religious Freedom (2002/03/05). This report contains an introduction, an executive summary, and a chapter describing the status of religious freedom in each of 195 countries throughout the world. Mandated by, and presented to, the U.S. Congress.
B. Overview of current situation
During his visit to Greece (2-5 June 2002), the Council of Europe Commissioner for Human Rights raised the issue of respect for religious freedom and belief with the authorities. While noting that some progress had been made and that Orthodoxy was the dominant religion (97%), Mr Gil Robles expressed the wish that the criminal law on proselytism be repealed and that the Muslim population which has now grown as a result of the high rate of immigration be granted authorisation to build an official mosque in Athens and to have access to a cemetery to bury their dead according to their religious tradition. It should also be added that Greece is the only EU country in which cremation is prohibited.
(b) Specific issues (wearing of headscarf; ritual slaughter)
Dress continued to be a major issue in a number of Member States. In Belgium, the Committee for Equal Opportunities for Men and Women issued Opinion No 54 of 13 September 2002, which considers that a distinction should be made according to whether the wearing of the headscarf is the expression of a personal choice or the manifestation of oppression by the environment of origin. In the latter case, the public authorities should provide effective aid. It is, however, in the context of employment that the issue of wearing religious insignia has manifested itself on several occasions in Germany and Belgium, where the employers were required by the courts to respect the Muslim employees religious freedom. In Sweden, several similar cases of discrimination due to the growing climate of intolerance and negative attitudes in society have been referred to the Ombudsman.
The issue of the ritual slaughter of animals has also caused some controversy in relation to animal protection and been tackled in different ways. (Prohibition on Luxembourg territory, while permission is granted in Germany).
(c) Monitoring sects
The conduct of certain sects can prove dangerous for their followers, and for children in particular, as the 2002 FECRIS congress in Barcelona highlighted. The activities of certain sects stop children from attending school (there are 5000 children outside the school system in France). Being part of a sect can have serious psychological repercussions for children; for instance, they may form a dichotomous view of the world, lose contact with their family environment and be exposed to dangers to their physical health (no inoculations, under-nourishment, precarious living conditions imposed by the group and the Gurus recommendations regarding diet and length of sleep).
FECRIS also established an extremely worrying link between sects and child pornography. It mentions, in this connection, the International Centre for the Dignity of the Child (CIDE), which pointed out, at the aforementioned Congress, that sects have many features in common with the sex abuse issue and referred in this context to paedophilic video cassettes seized in France from the Children of God sect. According to FECRIS, sects in Italy inflict abuse, torture and ritual killings on youngsters C all forms of crime against children.
(d) The status of conscientious objectors
In Greece, the length of alternative civilian service continues to be punitive and discriminatory in nature. Applicants for conscientious objective status complain of delays in the processing of requests (see AI 2002 report, pp 178 and 191). The same was noted by Commissioner Gil Robles during his visit to Greece in 2002, when he asked the authorities to cut the alternative service to a fair length and to transfer administrative responsibility for recognition of conscientious objector status from the Ministry of Defence to an independent civilian public service. As is pointed out by AI, the current law does not comply with international standards since the alternative service is discriminatory and punitive, some 20 conscientious objectors risk facing prison sentences for having publicly denounced the law or for trade union activity.
Finland
AI also calls on the Finnish authorities to make provision for a genuine civilian service which is not punitive for conscientious objectors. At present, conscientious objectors must complete an alternative civilian service of 362 days, which is more than twice what is required of the other recruits under the new legislation.
Europarliament rejects reference to "Judeo-Christian" roots
British conservatives join opposition to proposal
Zenit.org (25.09.2003)/ HRWF Int. (26.09.2003) - Website http://www.hrwf.net - Email info@hrwf.net - The European Parliament's plenary assembly rejected any reference to the continent's "Judeo-Christian" roots in the draft text of the European Constitution.
The proposal was rejected Wednesday by a vote of 283 to 211. The vote sought to clarify Parliament's position in view of next week's intergovernmental conference in Rome that will approve the draft of the Constitution.
The proposal in Parliament was presented by the European Popular Party (EPP), which called for a "particular reference" in the text to the "Judeo-Christian" roots of Europe, without proposing a specific formulation of the request.
Another amendment presented by the European Union of Nations (EUN), which called for the "express recognition of the legacy of Christianity inscribed in the history and cultural identity of Europe," met with the same result.
Although the EPP has a majority in the European Parliament, it did not obtain the consensus of the majority. It had the support of the EUN, but even within the EPP, members such as the British Conservatives and others, did not support it.
Those voting against the proposal included the European Socialist Party and other minority groups, as well as 30 independent deputies.
"We knew that these were the numbers, but we could not exempt ourselves from the responsibility to present forcefully the position in which we firmly believe," EPP spokeswoman Katrin Ruhrmann said.
EPP President Hans-Gert P?ttering lamented the rejection of the amendment, but explained that the preamble of the draft Constitution presented by the European Convention makes reference to the continent's religious patrimony. And Article 51 of the draft recognizes the status of churches and communities which share a common faith, he said.
Ruhrmann said that the last word now rests with the governments of the European Union. "If they wish, they have the possibility to modify the draft Constitution in the sense we desire," she said.
European Parliament resolution on human rights in the world in 2002 and European Union's human rights policy (2002/2011(INI)
HRWF Int. (12.09.2003)
Minutes of 04/09/2003 - Provisional Edition
Human rights 2002
P5_TA-PROV(2003)0375
A5-0274/2003
The European Parliament,
- having regard to the motion for a resolution by Maurizio Turco and others on religious freedom (B5-0445/2002),
- having regard to the fourth EU annual report on Human Rights (12747/1/02),
- having regard to Articles 3, 6, 11, 13 and 19 of the Treaty on European Union and Articles 177 and 300 of the Treaty establishing the European Community,
- having regard to the Universal Declaration of Human Rights and to all relevant International Human Rights instruments(1),
()
Freedom of Thought, Conscience and Religion
X. whereas religious freedom, as enshrined in Article 18 of the Universal Declaration on Human Rights, is defined as everyone's 'right to freedom of thought, conscience and religion' and 'includes freedom to change his religion or belief, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance'; whereas the right not to confess any religion is implied and deserves equal protection,
Y. whereas religions, beliefs and non-beliefs belong to the realm of individual freedom; whereas religions and beliefs form a reference system on the meaning of life and satisfy the spiritual needs of believers, who form more than 90% of the world's population,
Z. whereas it is incumbent on governments to ensure that the rights of all persons to freedom of religion and belief or non-belief are fully protected,
AA. whereas freedom of thought, conscience and religion is arbitrarily trampled upon and violated in various parts of the world, occasionally leading to severe and violent forms of persecution, including detention, torture, enslavement and the denial of freedom of speech, assembly and association, the threat of punishment for converting to another faith, and bans on missionaries,
AB. whereas the State should, by definition, be areligious and whereas, in the absence of separation between State and religion or belief, it is sometimes difficult for believers or non-believers to live together peacefully, and problems for minority groups may arise,
AC. whereas single-party regimes are responsible for policies of oppression and serious violations of religious freedom, in particular in Lao PDR, Vietnam, Cuba and the People's Republic of China,
AD. whereas many different types of barriers to freedom of thought, conscience and religion exist in the world today at state level, such as attempts to control or impose a religious belief or practice, hostility towards minority or non-approved beliefs, neglect of violations of freedom of thought, conscience and religion and discriminatory legislation and policies,
AE. whereas the promotion and protection of the rights of minorities of any type contribute to political and social stability and to peace, and can enrich the cultural heritage of society as a whole,
AF. whereas serious instances of intolerance, discrimination and acts of violence based on a misinterpretation of religion or belief occur in many parts of the world, including acts of intimidation and coercion motivated by religious extremism,
AG. whereas religions, either in moderate or radical movements, often step in to fulfil tasks left untended by governments, in such areas as health and education,
AH. whereas religions are increasingly instrumentalised for political purposes, in particular in the case of struggles for power or in the framework of ethnic disputes, and can be easily misused to inflame conflicts; whereas 12 of the current 30 major conflicts are related to religion,
AI. whereas traditional peaceful relations between religions have been disturbed by power struggles, for example in the Balkan region, the Moluccas, Nigeria, Sudan, Pakistan and India, where clashes which have principally affected the minority group are witnessed between Muslims and Christians, or Hindus and Muslims and other religious minorities,
AJ. whereas it is vital to distinguish between religion as belief and peaceful worship, and religion as a vehicle to foster hatred and violence against others,
AK. whereas a rise in the religiously motivated use of violence can be perceived world-wide, causing increased tensions between or within religions or beliefs,
AL. whereas religious and atheistic extremism undermines the possibility of different communities living together peacefully and calmly; whereas, therefore, by definition, it poses a threat to the right to freedom of religion and belief,
AM. whereas the rise of religious extremism occasionally manifests itself through violence and protest against the values of modern society such as religious tolerance, freedom of expression, secularism, democracy and pluralism,
AN. whereas the causes of rising extremism are multiple, with roots lying in elements of an economic, sociological, historical and/or political nature, and there is no single solution to combat the phenomenon,
AO. whereas the expansion of extremist interpretations of religion is being fuelled by groups that are increasingly well organised and that seem to dispose of major financial resources,
AP. whereas muslim extremism is particularly strong in the more advanced and apparently more secular Muslim societies, such as Algeria, Egypt, Lebanon and Tunisia, and is expanding notably in parts of Asia and Africa;
AQ. whereas the repressive and anti-democratic policies too often conducted by the governments of the above-mentioned countries merely serve to bolster the extremist movements they claim to be combating by weakening the representatives of the democratic opposition,
AR. whereas religious fanaticism may even appear in countries hitherto considered as secular in which there has traditionally been a separation between State and religion or belief, and whereas this new situation is tending to spread to countries which are politically more vulnerable;
AS. whereas immutable and extreme interpretations of Sharia are prevalent in particular in countries such as Saudi Arabia and Iran, as well as in Sudan, Somalia and Nigeria,
AT. whereas in several countries with a strong Muslim population, such as (the North of) Nigeria, Sudan and Pakistan, the re-establishment of Sharia and other practices perceived to be contrary to universal human rights can be witnessed,
AU. whereas, in this connection, the references to Sharia contained in the Afghan draft constitution are of great concern,
AV. whereas the rights of women and girls, as well as of other vulnerable groups of society, are in particular threatened by unacceptable practices, such as burning, stoning, female genital mutilation, child marriages or forced marriages in the name of culture, traditional practices, customs, or religion, which grant these groups an inferior social position and status,
AW. whereas religious extremism may nurture other religious extremism, as is the case, for example, in the Asian sub-continent, where in Pakistan, Indonesia and India extremism of one religion provokes extremism of another and vice versa,
AX. whereas fundamentalism is a growing threat to equal constitutional rights and access to justice for millions of people in India, especially for Muslim and Christian minorities,
AY. whereas anti-conversion laws, such as those adopted or proposed in India and Sri Lanka, could easily be abused in practice to suppress religious minorities,
AZ. whereas it is unacceptable to claim to have or to exercise political authority in the name of a religion or of another philosophy of life,
BA. whereas the potential increase in violence and human rights violations resulting from the upsurge of religious and totalitarian secular extremism worldwide calls for a determined and broadbased reaction from the European Union and European society,
BB. whereas globalisation has led to intensified interactions between people worldwide, making more urgent the necessity for tolerance with respect to beliefs and freedom of conscience, as well as the need to demand respect for people with religious backgrounds, in order to avoid conflicts between value systems,
BC. whereas there is a risk of stigmatisation of religions based on a general misconception and ignorance of the culture and religion of the 'other', and which in itself can amount to a threat to religious freedom,
BD. whereas the media can play an important role in diffusing knowledge and adequate information on beliefs and cultures, and in promoting mutual understanding between people from different religious backgrounds; whereas they should therefore avoid creating stereotyped images of other beliefs, whilst recognising their obligation to report truthfully where religious intolerance exists
()
Freedom of Thought, Conscience and Religion
124. Calls on the Council and the Commission to respond effectively in the event of serious and persistent violations of freedom of thought, conscience and religion in third countries, by taking clear positions towards the governments concerned and by avoiding double standards;
125. Calls on the Council and the Commission systematically to emphasise in discussions under the political dialogue the importance of protecting the fundamental freedom of religion and belief or non-belief, not only by way of writing those freedoms into the constitution or penal code, but by putting them into practice;
126. Calls on the Council and the Commission to set up guidelines for EU policy towards third countries on freedom of religion and freedom of expression;
127. Calls upon the Council, the Commission and the Member States to insist, if necessary, on freedom of conscience in their contacts with third countries and to call upon their governments to respect conscientious objections of those working in the public services, be it the administration, health care, or military, as well as in other relevant sectors;
128. Condemns all forms of violations by the State of the right to religious freedom, which is manifest under totalitarian regimes that suppress and attempt to control religious belief and simple worship, as well as when discriminatory legislation or policies are used against minorities and non-approved religions, and in the case of the state neglecting the problem of discrimination against, or persecution of, minorities or non-approved religions; urges those governments to respect international human rights law and guarantee freedom of thought, conscience and religion;
129. Reiterates its call upon the Chinese government to immediately stop the prosecution and large-scale defamation campaigns of Falun Gong and its practitioners; urges the Chinese government to end all arrests, torture, killings, brainwashing and restrictions on freedom of speech and assembly of members of this movement;
130. Expresses its solidarity with the Montagnard Christian populations who have suffered violent repression for decades at the hands of the Hano? authorities, and calls on the Vietnamese Government to put an end to its policies of oppression and extermination;
131. Notes the first positive steps taken by the Vietnamese Prime Minister vis--vis the Patriarch of the Unified Buddhist Church, banned by the regime for more than 20 years, but emphasises that the Vietnamese Government must take practical measures without delay to guarantee religious freedom and respect for fundamental rights, starting by ensuring full freedom of movement, expression and religion for the Venerable Thich Quang Do, who was released in June 2003 but is still subject to strict police controls, and by re-establishing the legitimate status of the banned United Buddhist Church;
132. Condemns also the constant violations of fundamental rights in the Lao PDR and the policies of brutal and constant oppression to which the Hmong populations and christian populations are subjected;
133. Calls on the Council and the Commission to discuss, under the political dialogues with the Indian Government, the threat posed to human rights, and in particular to religious freedom, by the current 'anti-conversion laws', an abuse of Hinduism for nationalistic purposes, and the situation in Gujarat;
134. Deplores the violence directed against members of minority communities in Pakistan and, in particular, those from the Christian and Ahmadi communities and the government's failure to protect those individuals; deplores also the arbitrary application of the law of blasphemy;
135. Considers that the European Union, on the basis of the separation of church and state, should encourage representatives of different religions to develop a policy designed to improve tolerance, mutual understanding and respect for different cultural and religious communities, inside as well as outside the European Union;
136. Strongly disapproves the recent rejection of the proposals to give legal recognition to unions between homosexual persons, issued by the Congregation for the Doctrine of the Faith of the Vatican;
137. Calls on the Council and the Commission to enter into regular dialogues with local religious communities in order to establish a deeper understanding of religion's potential role in an open society, and to discuss how Member States deal with secularism and religious freedom; guiding principles should be provided to organise these consultations and to outline relevant criteria for participating partners;
138. Calls on the EU, in its discussions on freedom of thought, conscience and religion with third countries, to use the international human rights standards as the ultimate yardstick; urges it, at the same time, to seek points of reference in the convictions, values and norms of the counterpart, with a view to abolishing horrific punishments or practices that occur in the name of religion and which violate human freedoms and rights, in particular in the case of the application of the Sharia; also, calls on the European Union to encourage the development of alternative punishments and of laws compatible with international human rights standards;
139. Calls on the Council and the Commission to address the issue of religious freedom and freedom of conscience in the referential framework of general human values, and to encourage religious leaders to interpret their texts in such a way as to uphold those values;
140. Considers that the Cairo Declaration on Human Rights in Islam (1991) and the Arab Charter on Human Rights (1994) are partly in blatant contradiction with the Universal Declaration of Human Rights; calls, therefore, on the Council and the Commission to invite leaders of the Islamic world to compare their vision of Islamic laws with that Declaration, in order to lift bans and threats against changing religion and avoid excesses such as inhumane punishments or practices and give priority to alternative punishments;
141. Calls on the Council and the Commission to enter into dialogue with leading Islamic scholars to identify and highlight punishments which are described as 'Sharia' but which are in reality nothing more than tribal customs;
142. Expresses deep concern at the growth of religious extremism in Pakistan and the imposition of Sharia law in the North West Frontier Province by an alliance of religious fundamentalist parties;
143. Calls on the Commission to fund external aid projects in support of victims of violations of religious freedom, in particular those persecuted because of their faith, as well as victims of culturally or religiously motivated barbaric practices, such as stoning, female genital mutilation, amputation and arranged marriages involving coercion;
144. Reiterates that measures aimed at combating female genital mutilation must involve the communities concerned and tally with their situation, so as to ensure that they become convinced of the need to eradicate such practices;
145. Calls on the Council and the Commission to make the early identification of abuses of religion for political purposes a priority in the EU human rights policy, and, on the basis of dialogue with the relevant leaders, to seek to prevent violent religious extremism;
146. Calls on the Commission to encourage and assist, where possible, third countries in taking all necessary action to combat violence, hatred, intimidation and coercion motivated by intolerance based on religion, belief or non-belief, with particular regard to religious and philosophical minorities and to practices which discriminate against women and violate their human rights;
147. Underlines the key role of education in deepening mutual understanding and respect for different religions; calls, therefore, on the Commission, by means of a constructive but impartial attitude towards religions, to foster mutual acceptance among citizens of differing faiths; takes the view that incitement to hatred should be a criminal offence, including when it occurs in the sphere of education; calls on the Commission, Council and Member States to ensure that they do not fund school books and other material which promotes religious or other hatred; considers that access to modern communications technologies and language courses can facilitate inter-cultural exchanges, tolerance and understanding for other religions within and outside the European Union;
148. Considers that the media should be discouraged from creating stereotyped images of other religions as enemies, through, for instance, raising cultural awareness amongst them;
149. Calls on the Council, the Commission and the Member States to place the emphasis, in the training modules for their staff dealing with external relations, on acquiring a thorough knowledge of the values and practices of different cultures and religions in order to deepen their cultural sensitivity;
150. Calls on the Commission to promote structures for inter-cultural and inter-religious dialogue and to provide the necessary funding;
151. Recommends deepening the inter-cultural dialogue between the EU and third countries around specific themes, such as the right to change or renounce one's faith, women's rights and the rule of law compatible with international human rights standards, and intensifying the dialogue with the participation of Members of the European Parliament, government representatives, parliamentarians, academics and representatives of civil society from both the EU Member States and third countries;
152. Welcomes the initiative of the President of the Commission in setting up a 'High-Level Advisory Group on Dialogue between Peoples and Cultures' with a view to stepping up an inter-cultural dialogue with and between the countries and societies on the Mediterranean's southern shore, based on the key principles of equality, co-ownership and cross-fertilisation, and aimed at strengthening internal cohesion within EU societies;
153. Expects that the findings of the Advisory Group's report, scheduled for late September 2003, will identify practical approaches and specific measures for fostering inter-cultural dialogue, and will be given operational follow-up not only by the Commission but also by Member States and the Mediterranean partners at national and local level;
154. Stresses the importance of a permanent structure for inter-cultural and inter-religious dialogue, and calls on Member States and the Mediterranean partner countries for the prompt creation of the Euro-Mediterranean Foundation, decided upon at the Ministerial Conference in Valencia in April 2002; underlines that the Foundation should act as a catalyst for inter-cultural dialogue involving the general public, particularly in the education system, and encourage more positive media involvement;
155. Calls on the Commission to work in close cooperation with 'inter-cultural and inter-religious dialogue' initiatives undertaken in the framework of the Council of Europe, the OSCE, the UNHCHR, and other national and international fora, in order to avoid duplication and to enhance experience and knowledge of the subject;
156. Is deeply concerned at the repeated infringements of the freedom of the press, particularly in Morocco, Algeria and Tunisia.
Human rights and freedom of religion
Discussions at the EP on the Annual Report on human rights in the world in 2002 and the EUs human rights policy
HRWF Int. (18.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - Within its discussions on the Annual Report on human rights in the world in 2002 and the European Unions human rights policy, the EP Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy convened a public hearing attended by MEPs, NGOs and religious organizations. Prof. Guy Haarscher from Free University of Brussels presented a general overview of the concept of freedom of religion, while Prof. Ann Morelli from Free University of Brussels discussed the issue of political legitimacy as well as frictions and impediments to religious freedom. The question of universality versus cultural relativism and most particularly, the example of Sharia and its compatibility with international norms and principles, was discussed by PMr Khemais Chammari from Fdration Internationales des ligues des Droits de lHomme.
The 2002 annual report drafted by MEP Bob van den Bos (ELDR, Netherlands) states that:
Religious intolerance is taking different forms:
- - totalitarian attempts to control and suppress religious belief or practice is seen in Burma, China, Cuba, North-Korea and Vietnam;
- - discriminatory legislation or policies towards minorities and non approved religions is the case in Brunei, Bulgaria, Eritrea, Iran, Iraq, Israel and the Occupied Territories, Jordan Laos, Peoples's Democratic Republic, Malaysia, Maldives, Pakistan, Russia, Saudi Arabia, Singapore, Sudan, Turkmenistan, United Arab Emirates, Uzbekistan;
- - state neglect of the problem of discrimination against, or persecution of, minorities (including lower castes) or non approved religions can be witnessed in: Bangladesh, Belarus, Egypt, Georgia, Guatemala, India, Indonesia, Nigeria.
The report highlights as one of the most important tasks for the EU to take a clear stance in favour of freedom of religion and belief and strongly defend this human right in accordance with the relevant international conventions.
Revised Text of Draft Preamble of European Constitution
Zenit.org (12.06.2003) / HRWF Int. (13.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - Here is the revised text of the preamble of Part I of the treaty instituting a European Constitution. The Presidium of the European Convention revised the text on Tuesday:
"Our Constitution is called a democracy because power is in the hands not of a minority but of the greatest number" (Thucydides II, 37).
Conscious that Europe is a continent that has brought forth civilization; that its inhabitants, arriving in successive waves since the first ages of mankind, have gradually developed the values underlying humanism: equality of persons, freedom, respect for reason,
Drawing inspiration from the cultural, religious and humanist inheritance of Europe, which, always present in its heritage, has embedded within the life of society its perception of the central role of the human person and his inviolable and inalienable rights, and of respect for law,
Believing that reunited Europe intends to continue along this path of civilization, progress and prosperity, for the good of all its inhabitants, including the weakest and most deprived; that it wishes to remain a continent open to culture, learning, and social progress; and that it wishes to deepen the democratic and transparent nature of its public life, and to strive for peace, justice and solidarity throughout the world,
Convinced that, while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their ancient divisions, and, united ever more closely, to forge a common destiny,
Convinced that, thus "united in its diversity," Europe offers them the best chance of pursuing, with due regard for the rights of each individual and in awareness of their responsibilities towards future generations and the Earth, the great venture which makes of it a special area of human hope,
Grateful to the members of the European Convention for having prepared this Constitution on behalf of the citizens and States of Europe,
[Who, having exchanged their full powers, found in good and due form, have agreed as follows:]
[Translation presented by the European Convention (http://european-convention.eu.int).]
Revised Euro text still omits mention of Christianity
Bishops' official says draft shows ignorance
Zenit.org (12.06.2003)/ HRWF Int. (13.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - The revised draft of a European Constitution's preamble is an improvement, but it still doesn't respond "to the expectations of the Christian churches," says a Catholic official.
Monsignor Aldo Giordano, secretary-general of the Council of European Bishops' Conferences, made that evaluation of the new draft issued Tuesday by the Presidium of the European Convention.
Unlike an earlier draft, the latest redaction does not mention the Greek and Roman civilizations and the philosophical currents of the Enlightenment as part of the heritage of the Old World. Neither does it mention the Christian roots of Europe.
The new text of the preamble refers, explicitly, to "inspiration from the cultural, religious and humanist inheritance of Europe, which, always present in its heritage, has embedded within the life of society its perception of the central role of the human person and his inviolable and inalienable rights, and of respect for law."
"One gets the impression," Monsignor Giordano told Vatican Radio today, "that the text has improved, because by eliminating the phrase that referred to the roots of Europe -- the Greco-Roman civilization, the spiritual impulse, and the Enlightenment -- the crude historical error, of not mentioning Christianity, is avoided."
"Naturally, the fact is considered positive that the word 'religion' is present in the text," he said. "Hence, we are satisfied with the step taken, but we expect another."
"Seeing the will to listen, which this improvement indicates, we hope that the European Constitution will not seek a consensus on the minimum, because I think that Europe and history have arrived at a moment in which a real leap in quality is needed," the monsignor continued.
"A clear reference to the Judeo-Christian roots will allow Europe to become a new point of reference for the whole of humanity," he said.
In Monsignor Giordano's opinion, the fact that this reference is eluded is linked, deep down, to ignorance of what it would mean to mention God or Christianity.
"There is ignorance, but not just in some sectors," he said. "Perhaps there is quite widespread ignorance among Christians. This debate is an invitation to go deeper into the richness of our faith.
"If we, as Christians, take advantage of this occasion to go deeper into the gift we have received, we will certainly make a contribution to Europe."
On Friday, the plenary assembly of the Convention is expected to come to an agreement on the final text of the first part of the Constitution, which will be presented next week at the summit in Greece.
French criticize omission of Christianity from Euro text
Even defenders of laicism object to the silence
Zenit.org (12.06.2003) / HRWF Int. (13.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - Even a "laicist" France is raising its voice against the omission of Christianity in the early draft preamble of the future European Constitution.
The text of the draft, presented May 28, referred to the "cultural, religious and humanist heritage of Europe," which it said was "initially nourished by the Greek and Roman civilizations," and "later by the philosophical currents of the Enlightenment." The text was updated this week but still omits mention of Christianity.
Political commentator Bernard Guetta, of the weekly newspaper L'Express and of Radio France-Nanterre, followed the work of the European Convention, which is writing the draft.
"When the debate began on the Christian roots of Europe," Guetta said, "I immediately said that the Constitutional Charter of the EU should also contain a reference to the laicist heritage of the Enlightenment."
"I see that the Enlightenment is mentioned in the preamble, but Christianity is missing," he added. "As an impenitent atheist I declare that I do not agree: It is an insult to the intelligence. Not to mention the Christian heritage of Europe means to deny historical evidence."
Jean De Belot, director of the newspaper Le Figaro, explained that France "is governed by the dogma of laicism, seen as a guarantee of civil peace."
"It has always been raised as a wall against Catholics," he said. "Except that now they realize that laicism is threatened not by the Church but by Islam. It is really striking."
French academic Jean-Marie Rouart writes: "We should not continue to abusively oppose laicism to Christianity. The separation between temporal powers and religion does not nullify history, the weight of tradition, sensibility."
"In its genetic patrimony, France has religious imprints that have permeated us much more than we imagine," he concluded.
Christianity should be in Constitution, say Europe's Bishops
COMECE President writes to Giscard d'Estaing
(Zenit.org) (06.10.2003)/ HRWF Int. (10.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - A bishops' commission official expressed astonishment to the European Convention over the lack of an explicit reference to Christianity in the draft of the continent's future Constitution.
In a letter to Valery Giscard d'Estaing, president of the European Convention, Bishop Josef Homeyer, president of the Commission of the Bishops' Conferences of the European Community (COMECE), stated: "Without wishing to detract from other contributions, no other religion or philosophical movement has inspired Europe as much as Christianity."
A draft of the Constitution preamble published last week refers to "the cultural, religious and humanist inheritance of Europe which ... [was] nourished first by the civilizations of Greece and Rome" and "later by philosophical currents of the Enlightenment."
Bishop Homeyer in his letter Thursday wrote: "Allow me also to renew our proposal for a reference to God in the Constitution. A reminder of the limits of human power, and of responsibility before God, humankind and creation, would be an important sign that public power is not absolute."
"The Union would thus explicitly recognize that its citizens, be they Christians, Jews or Muslims, are free to invoke God," the COMECE president stated.
"This recognition would represent a guarantee of the freedom of the human person and would help many citizens to identify with the values of the European Union and the future Constitution," he added.
That such a reference need not be discriminatory is demonstrated clearly by, for example, the German and Polish constitutions, the bishop noted.
In Brussels, work continues on a new draft of the European Constitution, which is expected to be presented June 20 at the European summit in Greece.
COMECE is a commission of the Catholic bishops' conferences of the member states of the European Union. The conferences of the Czech Republic, Hungary, Lithuania, Malta, Poland, Slovakia, Slovenia and Switzerland are associate members.
Russian Orthodox Church raps EU for "anthropocentric" slant"
Interfax (06.06.2003)/ HRWF Int. (10.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - The Russian Orthodox Church on Friday slammed the draft preamble for a planned European Union constitutional treaty, accusing it of anthropocentrism and ideological bias.
"The draft preamble is deplorably inaccurate historically. In pointing out the sources of the cultural, religious and humanist legacy of Europe, the draft completely ignores the historical period from the 4th to the 18th century, when Christianity exercised a dominant influence on the development of European countries," the Moscow Patriarchate said in a statement made available to Interfax.
This "means rewriting history based on definite ideological criteria. And from Russian history we know only too well what the diktat of a single philosophy means."
Reference to the influence of Enlightenment philosophies on European civilization is further "evidence of the ideological bias of the draft," the statement said.
"In our opinion, those ideas played an important role in individual countries, but they are not universal or generally accepted. Mentioning ideas of the Enlightenment is no more neutral ideologically than mentioning a religion.
"Approval of anthropocentric humanist formulas in the preamble to the basic law of the EU may lead many religious Europeans, including Orthodox Christians, to take a negative attitude toward the process of unification."
The Russian church expressed hope that its opinion would be taken into account in finalizing the text of the preamble, which is scheduled for one of the next few days.
Atheist premier attacks lack of Christianity in EU constitution
by Ambrose Evans-Pritchard
The Telegraph (04.06.2003)/ HRWF Int. (10.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - Poland's President Aleksander Kwasniewski, denounced the "Godless" tone of the European constitution yesterday, calling it shameful to highlight the pet ideologies of the Left but omit any mention of Europe's Christian heritage in the opening words.
"I am an atheist and everybody knows it, but there are no excuses for making references to ancient Greece and Rome, and the Enlightenment, without making references to the Christian values which are so important to the development of Europe," he said.
Speaking to The Telegraph at the end of a 45-day campaign to drum up support for his country's referendum this weekend on Poland's membership of the European Union, he said: "The most significant feature of every city and town in Europe is either a cathedral or a church."
Mr Kwasniewski was campaigning in Gniezno, the birthplace of Polish Catholicism in 966 and the medieval capital of Poland's first princes and kings. He predicted that Poles would vote by 80 per cent to join the EU, despite deep misgivings about loss of cultural identity.
"All our history makes us part of Europe. There is nowhere else for us to go," he said. "Fears that the EU will cause Poland to lose its identity are baseless."
Polish officials are still keeping their fingers crossed, fearing an upset protest vote against Brussels by Catholics and millions of yeoman farmers who will have to compete with heavily subsidised Western farmers on equal terms from day one, while waiting a decade for their full subsidies under the Common Agricultural Policy.
Mr Kwasniewski, who sent troops to fight Saddam Hussein and is now putting together a Polish-led sector in Iraq, said his country looked to Nato for its long-term security and would join Britain in resisting French-led attempts to turn the Union into an anti-American fortress.
German opposition: religion is a must in the Constitution
The EUobserver.com (28.05.2003)/ HRWF Int. (02.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - The debate on whether religion is an issue for the European Constitution continues both inside and outside of the Brussels arena. The German opposition, Christian Democratic Party (CDU) will fight for an article on religion to be written into the Constitution draft, CDU leader Angela Merkel said yesterday, 27 May.
German Christian democrats are the biggest group in the European parliament, the EPP, which would now reinforce their calls for a reference to God in the Constitution draft.
These statements followed Ms Merkel's visit to the Vatican where she met Pope John Paul II. The meeting with the Pope apparently had a strong impact on the politician, German media commented today.
Religion is one of the most controversial topics for the Convention on the future of Europe. Convention president Valry Giscard d'Estaing thinks a reference to God should be left out of the Constitution draft.
According to Mr Giscard, Europeans live in a purely secular-political system where religion does not play a role. At the same time, several Convention members are insisting on defining the issue, and perhaps including a wording similar to the Polish constitution.
Christian representatives accept draft of Euro-Constitution
Growing consensus on the place of religion in the future EU
Zenit.org (27.05.2003)/ HRWF Int. (02.06.2003) - Website http://www.hrwf.net - Email info@hrwf.net - Christian representatives accepted the changes made to the draft of the European Constitution, particularly the reference to the recognition of the status of the Churches and religious communities.
The publication of the revised draft of the first part of the Constitutional Treaty was accepted in a joint statement issued today by the Reverend Rdiger Noll, director of the Church and Society Commission of the Conference of European Churches (CEC), and Monsignor No?l Treanor, secretary-general of the Commission of the Bishops' Conferences of the European Community (COMECE).
CEC is a fellowship of 126 Orthodox, Protestant, Anglican and Old Catholic churches from all countries of Europe, plus 43 associated organizations.
COMECE is a commission of the Catholic bishops' conferences of the member states of the European Union. The conferences of the Czech Republic, Hungary, Lithuania, Malta, Poland, Slovakia, Slovenia and Switzerland are associate members.
After congratulating the members of the European Convention for the work achieved so far, the joint statement applauds "the amendments which will strengthen the Union's commitment to a social market economy and, in its relations with the wider world, to promote peace, security, free and fair trade, protection of human rights and respect for the principles of the United Nations Charter."
he Christian representatives also approved the last redaction of Title VI of the Constitution on "Democratic Life of the Union," which they considered visibly improved.
"We welcome the growing consensus on the place of religion in the future EU as reflected by the amended draft Article 51 (previously Article 37)," the statement continues.
"This article guarantees the EU's respect for the status of churches and religious communities in the member states based on their different constitutional traditions," it adds.
"The provision for open, transparent and regular dialogue reflects the specific contribution of churches and religious communities, distinct from secular authority, at the service of society as a whole," the Christian representatives clarify.
The statement ends with the hope that, over the next few weeks, the members of the commission will be able to reach a final consensus.
The draft of the European Constitution, presented on Monday and analyzed by the joint statement, does not include a reference to Europe's religious roots. Members of the Presidium, an assembly of 105 representatives among whom is Valry Giscard dEstaing, president of the convention, have requested that the religious roots be mentioned in the Preamble.
In an interview Sunday with the Italian newspaper Il Corriere della Sera, Archbishop Jean-Louis Tauran, Vatican Secretary for Relations with States, said that the preamble might be the proper place to mention the "religious heritage, especially Christian" of Europe.
Catholics join European NGOs coalition in appeal to Convention not to give religion unfair influence in Constitutional Treaty
U.S. Newswire (22.05.2003)/ HRWF Int. (27.05.2003) - Website http://www.hrwf.net - Email info@hrwf.net -- Today, representatives of religious, environmentalist, humanist, and reproductive rights groups, together with professional non-governmental organizations from throughout Europe announced a joint effort to make sure religion is not granted privileged status in the European Union by calling on members of the European Convention to reject Article 37 from the pending draft of the European Constitution.
"The diversity of the signing organizations shows the depth of concern over the fact that a religious lobby, the Vatican, is exerting undue influence in an attempt to gain privilege in the EU. That such a coalition has formed to respond to the Vatican efforts is impressive," said Elfriede Harth of Catholics for a Free Choice Europe.
Coalition members said they are challenging the members of the Convention for the Future of the European Union to preserve the principle of separation of church and state in an enlarged Europe. The coalition of NGOs issued their "solemn appeal" to the Convention asking that Article 37 be removed from the Constitutional Treaty for the sake of "preserving and continuing to develop the gains acquired in their various fields of activity, be it in the field of education, morality, family and the condition of women, contraception, abortion, euthanasia, divorce or sexual orientation, etc."
Members of the coalition said in their appeal that granting churches a privileged institutional status is incompatible with secularism. They expressed particular concern about the Vatican attaining a privileged status, given its poor record on issues related to women. Harth added that the Catholic church should not be given an opportunity to impose its ideas related to women's reproductive rights on European women, particularly since most Catholic women don't agree with the Vatican on such issues.
"For months, the Vatican diplomatic machinery has been at work granting papal audiences to heads of governments and European ambassadors to discuss the importance of including religion in the EU. The Vatican has been inviting senior European officials to meetings, briefing the media, and organizing seminars and other events on religious freedom and the role of Catholicism in Europe. This is an attempt to convince policy makers of the need to preserve privileges for the church, and to grant it the right to have a privileged status in European public policy making," said Harth.
Harth pointed out that the church has already worked to become included in the Constitution Protocol 11 of the Treaty of Amsterdam, which gives the Catholic church the right to violate Article 13 of the Treaty of Amsterdam. Article 13 condemns discrimination on the basis of gender, religion, sexual orientation and age. "This protocol grants the church the right to be protected from state control as an employer and to be exempted from recognizing certain basic principles, like equality of all citizens," said Harth. "At the same time, the third paragraph of Article 37 would give the church the privilege of being consulted about and having a say on general public policy and on all legislative projects by the European authorities. This is not acceptable, " asserted Harth.
"The Holy See is working very hard to amass in Europe as much institutional power as it already holds in the United Nations said Harth. "The detrimental impact of the Vatican's participation in UN conferences, where it plays a lead role among the most fundamentalist countries in the world on such issues as women's rights, would be a threat for women's rights and health in Europe as well."
Among the organizations represented in the Joint Appeal to the Members of the Convention are:
Catholics for a Free Choice -- Europe International Planned Parenthood Federation European Network International Lesbian Gay Alliance -- Europe (Lesbians and Gay) European Humanist Federation European League for Teaching European Network "Church on the Move" Right to Die -- Europe The ASTRA Network Centre for Environmental Studies The Standing Committee of Nurses of the EU French Coordination of the European Women's Lobby (Coordination Francaise pour le Lobby Europeen des Femmes) Women Living Under Muslim Law
Draft report on fundamental rights in the European Union:
the religious discrimination issue
Willy Fautr, Human Rights Without Frontiers Int.
HRWF Int. (28.04.2003) / Website http://www.hrwf.net - Email info@hrwf.net - On April 24, 2003, the EU Committee on Citizens Freedoms and Rights, Justice and Home Affairs opened the debate on Mr Fode Syllas draft report on the situation regarding fundamental rights in the European Union (2002). Chapter III: Equality deals with religious discrimination in three sub-headings:
Trend businesses
Although a difference of treatment based on religion or belief is normally a form of direct discrimination and therefore not justifiable, Directive 2000/ 78/EC provides for the maintenance of the exceptions stipulated in the domestic law of the Member States, which concerns the case of occupational activities within churches and other public or private organisations the ethos of which is based on religion or belief. The differences of treatment based on religion as practised by churches thus do not constitute discrimination where a persons religion or belief constitutes a genuine, legitimate and justified occupational requirement, having regard to the organisations ethos (34). It is in this sense that we may interpret the judgment given in Germany by the Federal Constitutional Court on 7 March 2002 (35). The applicant was employed as kindergarten manageress with a Protestant parish. The parish expressed an extraordinary dismissal because of the active function within the Universal Parish by the applicant. The Federal Labour Court declared the dismissal as legal. According to the Federal Constitutional Court, the Federal Labour Court adequately weighed the complainants churchs right of self-determination against the applicants religious freedom was not to be objected.
In Ireland, religion is one of the nine prohibited grounds of discrimination covered by the Employment Equality Act, 1998 and the Equal Status Act, 2000. The Irish Constitution, 1937 also contains a detailed guarantee of religious freedom in Article 44 which has been interpreted purposively by the Irish courts (36). Although religious discrimination is ostensibly prohibited by law, Section 37 of the Employment Equality Act, 1998 creates an exemption for institutional employers (in the areas of education, health and religion) with a religious ethos. It is this exemption which has been preserved by the Framework Employment Directive. However, concerns have been expressed by, among others, teachers unions about this exemption. Although the measure has been defended as a protection for minority religions running institutions with a religious ethos the substantial majority of institutions to which the provision applies are run by the Roman Catholic Church.
Religion
Providing reasonable accommodation of diverse religious views in the workplace to avoid any indirect discrimination may sometimes be problematic, and create a conflict with other rights. In the Netherlands, a case was brought before the Commissie gelijke behandeling (Equal Treatment Commission) after an Islamic applicant for a job in the reproduction department of a school was rejected because he refused to shake hands with women. Basing his refusal on religious grounds, he claimed to be the victim of discrimination. The Equal Treatment Commission rejected his complaint, considering that a distinction had been made, but this was objectively justified. It was accepted that the school expected all its staff members to shake hands with people from both sexes, as an expression of the principle of equal treatment. Admittedly this policy affected those Muslims who refuse to shake hands with women, but it did not restrict their internal freedom to adhere to their creed (37).
Fight against incitement to hatred or discrimination and blasphemy
When certain groups are protected against incitement to hatred or discrimination or C in the case of religious communities C against blasphemy, which is an attack on religious feelings, this protection must be granted without discrimination to all groups in a similar situation. In the Windgrove judgment, the European Court of Human Rights noted that the fact that English law suppresses blasphemy that is directed at the Christian faith but when it is directed at other religious faiths constitutes an anomaly (59). In the opinion of 30 November 2001 which it delivered on the United Kingdom (opinion published on 25 May 2002), the Advisory Committee of the Framework Convention for the protection of national minorities declared more clearly that it was concerned by the need to reform the law on blasphemy, which in its current form only concerns Christians and does not protect other religions. It considers that this absence of effective equality, of which the ethnic minorities in particular are victims, is worrying from the point of view of Articles 8 and 4 of the Framework Convention. It is of the opinion that this law should be abolished or extended to other religions so as to ensure full and effective equality. The Committee is pleased to learn that according to Government statements that have appeared in the press the reform of blasphemy law has been placed on the agenda (par. 60) (60). In this respect, too, the situation observed in Spain by the Audiovisual Council of Catalonia when it adopted criteria regulating the treatment of religious subjects in entertainment programmes where often a lack of respect is shown towards religious faiths, seems problematic. The current law only protects the religious feelings of Catholics C under the terms of the Agreements concluded between Spain and the Vatican C but not those of other believers.
() In Portugal, criminal law contains a number of provisions aimed at combating racism and intolerance, covering incitement to racial hatred, defamation, insult and discriminatory practices. Article 239 of the Criminal Code defines and prohibits genocide, direct public incitement to commit genocide, and conspiracy to commit genocide. Article of the Criminal Code punishes discrimination on grounds of race or religion. Paragraph 1 of this article makes it an offence to found or establish organisations or engage in organised propaganda activities, which incite or encourage racial or religious discrimination, hatred or violence. It also prohibits participation in or assistance, including financial assistance, to such organisations or such organised propaganda activities (62). Paragraph 2 of Article 240 punishes anyone who, in a public meeting, in writing intended for dissemination, or by any other means of social communication, provokes acts of violence against an individual or group of individuals on grounds of their race, colour, or ethnic, national or religious origin with the intention of inciting to or encouraging racial or religious discrimination. Paragraph 2 also punishes anyone who, in a public meeting, in writing intended for dissemination, or by any other means of social communication, defames or insults an individual or groups of individuals on grounds of their race, colour, or ethnic, national or religious origin, particularly by denying war crimes and crimes against peace or humanity, with the intention of inciting to or encouraging racial or religious discrimination. ()
Adoption of the final report is likely to take place at the September 2003 part-session.
(34) Article 4, par. 2 of Directive 2000/ 78/EC
(35) Chamber, -1 BvR 1962/01 -, Neue Jurist. Wochenschrift 2002, 2771
(36) See generally: Casey, Constitutional Law in Ireland (3rd Edition), (Dublin: Round Hall Sweet & Maxwell, 2000), Chapter 19.
(37) Commissie gelijke behandeling, Oordeel 2002-22, 5 March 2002.
(59) European Court of Human Rights, Wingrove v. United Kingdom judgment of 25 November 1996, Vol. 1996-V, p. 1956.
(60) See also, insisting on the need to reform blasphemy laws, the Resolution adopted by the Committee of Ministers: Resolution Res CMN (2002) 9 on the implementation of the Framework Convention for the Protection of National Minorities in the United Kingdom, 13 June 2002.
(62) Under Article 160.1 d) of the Constitution, members of parliament convicted by a court for membership of an organisation that is racist or follows a fascist ideology cease to hold office. This rule has never been applied.
The FECRIS advocates an anti-cult About-Picard Law
in the EU member states
Willy Fautr, Human Rights Without Frontiers Int.
HRWF Int. (28.04.2003) / Website http://www.hrwf.net - Email info@hrwf.net - The member-states of the European Union should adopt a specific anti-cult law such as the French About-Picard Law, said Mr Jean Nokin at a public hearing on the Respect for fundamental rights: The situation within the European Union in 2002 organised on April 24, 2003 by the Committee on Citizens Freedoms and Rights, Justice and Home Affairs of the European Parliament.
Mr Nokin was representing the FECRIS, a Federation of European anti-cult associations created in Paris in 1994. In this regard, it must be reminded that the FECRIS first application for a consultative status with the Council of Europe was rejected in January 2003 because of the opposition of Mr Rudolf Vis, a member of the Parliamentary Assembly of the CoE. Mr Vis accused the FECRIS of being antireligious, using the word sect pejoratively and contributing to the ostracism of, discrimination of and intolerance against small religious groups *. It is the first time that an association is denied the consultative status. The FECRIS application will have to go through a long process that has never been used up to now.
* AS/Jur (2003 08), 29 January 2003, fjdoc08.2003
Anti-Semitism, measurements and trends
Willy Fautr, Human Rights Without Frontiers Int.
HRWF Int. (28.04.2003) / Website http://www.hrwf.net - Email info@hrwf.net - Records for anti-Semitic crimes show a parallel with racist violence in the European Union, stressed the European Monitoring Centre on Racism and Xenophobia in the paper presented at the public hearing on the Respect for fundamental rights: The situation within the European Union in 2002 organised on April 24, 2003 by the Committee on Citizens Freedoms and Rights, Justice and Home Affairs of the European Parliament.
Anti-Semitism is recorded to a higher extent in some Member States, i.e. France, Germany, Netherlands and Sweden. And the trend is increasing anti-Semitism. In France, 62% of all racist incidents reported in 2002 were anti-Semitic acts, which is a considerable increase from 2001.
For acts of anti-Semitism, not only the police authorities keep records but as well NGOs and in particular the Jewish organisations.
In the United Kingdom, anti-Semitic incidents are not listed separately in official reports, however, the Community Security Trust (CST) C an organisation which provides security and defence advice for the Jewish community throughout the United Kingdom and works closely with the Board of Deputies of British Jews C has compiled figures on various types of 310 anti-Semitic incidents in 2001.
In Germany, after a quantitative increase of anti-Semitic hate crimes, the number of crimes with anti-Semitic motivation dropped continuously in the course of 2001 to 185 cases in the fourth quarter. However, following the escalation of the middle-East conflict anti-Israel and anti-Semitic attitudes seem to give way in the population.
The Internet Discrimination Hotline (MDI) in the Netherlands received almost 200 complaints of anti-Semitism on Dutch websites in 2001 and charges were brought against anti-Semitic texts on the website of an Orthodox Muslim school.
In Sweden, there was a steady increase of anti-Semitic incidents in 2001, compared to previous years, according to the Jewish Communities. The Jewish congregation in Stockholm reported 133 cases of anti-Semitism. Most anti-Semitic crimes were incitement of racial hatred, harassment and threats directed against Jewish institutions and Jewish personalities.
Drafts of European Constitution now recognize Churches' legal status
Zenit.org (06.04.2003)/ HRWF Int. (08.03.2003) - Website http://www.hrwf.net - Email: info@hrwf.net - The latest drafts of the future European Constitution include the recognition of the legal status of churches.
The drafts were presented Friday during the plenary session of the European Convention meeting here.
"Article 37 of the draft of the European Constitution represents a significant step in the right direction, although it does not express completely the acceptance of the religious dimension in the Constitution," according to a statement from the group Christians for Europe (*).
The organization emphasized that "the formulation of Article 37 could ultimately be improved by making explicit the institutional autonomy of churches," Vatican Radio reported.
Christians for Europe also expressed its gratitude for the work of its members, "who have been careful to introduce in the draft Constitution what was established in the Amsterdam Treaty in regard to the recognition of the statutes of churches as well as the institution of a 'regular dialogue' between the religious confessions and the European Union."
Christians for Europe is a permanent convention of Euro-parliamentarians, politicians, diplomats, educators, academics and lay professionals, set up to evaluate the elaboration of a future Constitution for the continent.
(*) "The Christians for Europe Convention (CCE) was set up officially in April 2002 as a response to the concerns of a group of lay persons worried over the marginalising of religion and Christian roots on the part of the European institutions i the preparatory work on the European constitution, which they see as a threat to their religious bases and the freedom of Europe.
In the recent months, the CCE has expanded to progressively involve Christians from other European countries, for whom it offers a meeting place and a stage for concerted action with a view to making a contribution to the construction of a common European base in line with the Christian experience. This gave rise to the Barcelona Conference of December 2002, an event in which politicians, intellectuals and experts from every European country took part. (Source: Christians for Europe. For further information about the CCE, visit http://www.eurocristians.org)
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God and Europe?
Brussels Manifesto "God and Europe?" by Christians for Europe
HRWF Int. (08.04.2003) - Website http://www.hrwf.net - Email: info@hrwf.net - On April 3, 2003, a conference on "God and Europe? Political and religious liberty in the new founding treaties or reunified Europe" was held at the European Parliament by the Convention of Christians for Europe (CCE). On that occasion, the CCE publicized the BRUSSELS' MANIFESTO which deals with Religious and political liberty and the stature of churches and The principle of dignity of the human person (Respect for human dignity - The family as the fundamental group-unit of society - Subsidiarity, freedom and responsibility - Solidarity and the struggle against extreme poverty - Economic progress, social justice and solidarity). We present you the full text of the introduction and of the part devoted to Religious and political liberty and the statute of churches.
We,
Members of the European Parliament,
Delegates from the Convention of Christians for Europe and delegates from the Foundation of Political Service
Representatives of European civil society from both EU and non-EU countries
gathered at the European Parliament in Brussels for a conference on "God and Europe? Political and religious liberty in the new founding treaties or reunified Europe"
We are calling for recognition in the founding treaty of reunified Europe of the common heritage and source of inspiration of the values that have contributed to the edification of the European Community.
Without claiming exlusivity and without denying the influences of other philosophical or spiritual sources, Christianity has definitely moulded European civilisation, particularly in the fields of law, arts, literature, philosophy and politics. This has been due to the principles of liberty, responsibility, respect for human dignity, the rule of law, subsidiarity and solidarity.
We reject the narrow view of European reunification simply on economic terms. To successfully unite eastern and western traditions, it is necessary to define European identity as being based on mutually recognised values. This the way in which a common future of unity and solidarity will be crafted. These fundamental values are universal.
Religious and political liberty and the statutes of churches
We call for religion to be recognised in the future founding treaty of reunified Europe in order to neutralise any ideological and political attempts to regulate people and religion. Recognition of religion does not, however, signify the expression of a one-sided political opinion. It stems from an objective review of the reality of religion in Europe and allows for the demonstration of universal convictions by the laity on a broad scale, without preferential treatment for any particular group.
Whereas we respect the lay character of the political institutions and the ecumenical spirit of the proposals jointly made by the Church-Society Commission of the Conference of European Churches and by the Commission of Episcopates of the European Union (COMECE), we request that the following be recognised:
- the collective religious freedom of society as well as religious freedom of the individual;
- dialogue and consultation between churches, communities of believers and the European institutions, as set out in the EU White Paper on European Governance of July 2001, which stated that "Churches and religious communities have a specific contribution to make";
- respect for the legal statute of Churches and religious institutions to the extent that such statutes exist in member states.
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No room for God in constitution but maybe preamble,
EU convention head says
by Constant Brand
AP (28.02.2003)/ HRWF Int. (03.04.2003) - Website: http://www.hrwf.net - Email: info@hrwf.net - Despite wide objections during debate, the head of the convention drafting a European Union constitution said Friday he would propose including a reference to God in the charter's preamble rather than in the constitution itself.
Former French President Valery Giscard d'Estaing, the convention chairman, said his conclusions from two days of debate on religion in the 105-member panel was that references to religion should not be included in the article addressing the EU's values.
"In the preamble to the constitution there will be a reference to the spiritual values or religious heritage or whatever," he said.
While conceding that many were "quite hostile" to including God, he denied that the issue had split the convention.
"It was good to have this discussion because our role is not to skirt around this issue," he said.
Delegates wrapped up debate on the first 16 draft articles of the EU constitution on the EU's values, objectives and areas of responsibility but came to no conclusions. Some 1,100 amendments were tabled demanding changes in everything from bolstering powers of EU institutions to demanding that the EU should not become a superstate.
But the most controversial debate was on God and his role in the EU.
The draft text so far does not include any reference to God or religion.
Conservatives pushed for a mention of God and Europe's Christian roots in an article dealing with European values.
Opposing the idea, 163 delegates and alternate members mostly socialists_ signed a petition demanding "no direct or indirect reference to any specific religion or belief."
Instead the group called on the text "to promote the right to freedom of religion ... of separation and independence between the State and the Church."
Extensive debate on religion and EU powers caused Giscard d'Estaing to agree to extend discussions in two extra convention meetings next month, but warned delegates not to get sidetracked or bogged down in semantics.
The convention chair said that the convention would meet its June deadline, when it has to present a final text to EU leaders.
"The convention's rhythm has been appropriate to its work," said Giscard d'Estaing.
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God divides delegates to EU constitution talks
Chairman warns against delays
by Constant Brand
AP (27.02.2003)/ HRWF Int. (03.04.2003) - Website: http://www.hrwf.net - Email: info@hrwf.net - The head of the convention drafting a European Union constitution warned delegates Thursday not to get sidetracked by semantics as they opened a debate on 1,100 proposed amendments, the most contentious of which was whether to include a reference to God in the future text.
Former French President Valery Giscard d'Estaing, the convention chairman, told the 105 delegates that the final text had to be completed by the June deadline.
"There is the wish that you should have more time, but ... we cannot go beyond those deadlines," Giscard d' Estaing said. "We should not be distracted from our work."
Despite the warning however, many delegates started bickering over words used or not used in the text dealing with the EU's values, objectives and areas of responsibility, demanding numerous changes and more time to debate them.
More than 80 suggested amendments concern an article on European values where the reference to God could be included, and that quickly took center stage.
How religion is handled could have serious legal implications once the EU's constitutional text comes into force, officials said, and could influence the outcome of future court rulings on everything from euthanasia to abortion rights and human cloning.
Several amendments by senior government officials were discussed calling for a reference to God and "Christianity rooted in European history."
Italian Deputy Premier Gianfranco Fini, from the rightist National Alliance party, proposed that constitution describe the EU as a "community that shares a Judeo-Christian heritage as its fundamental values."
"We must make more explicit the roots of European identity, which we see as part of the value of the Christian religion," he said. "This is not undermining the secular nature of institutions, it's just a fact that goes back through history. We cannot be divorced from our religious traditions."
But many others disagreed.
"It would be very divisive to talk about Christian beliefs here," said British lawmaker Gisela Stuart. "We should leave those things alone. We should be talking about an inclusive Europe."
Belgian Foreign Minister Louis Michel agreed, saying the EU should be inclusive, including other beliefs if religion had to be mentioned. "Europe is not mono-religious," he said.
A previously drafted EU Charter of Fundamental Rights, approved two years ago, only mentions religion in passing, stating "The Union shall respect cultural, religious, and linguistic diversity." But the Vatican, the Greek Orthodox Church, and Protestants demand want protection for their religion-based, charitable organizations.
The draft text so far does not include any reference to God or religion.
German Foreign Minister Joschka Fischer urged delegates not to get bogged down on religion or other political hotpoints, like whether the EU should become a federation.
"Any delay would produce the wrong message," he said. "We must reach our objective. The convention must be drafted and presented in June."
Delegates, representing the 15 EU governments, national legislatures and EU institutions, as well as the 13 candidate countries, were to debate how to divvy up p | 