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Données sociologiques et juridiques sur la religion en Europe et au-delà

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Accueil > Espagne > Droit et religion > Présentation générale > Développements normatifs et accords

Développements normatifs et accords

Article 16 was subjected to a capital normative development, in the form of the Law on Religious Freedomof 5 July 1980 (Ley Orgánica 7/80 del 5 de julio de 1980 de Libertad Religiosa). The LOLR sets out in articles 5 and 6 that Churches, religions and religious communities would have juridical personality once they were registered in the Register of the Ministry of Justice. For the beneficiaries registration would imply full independence and the possibility of establishing their own standards of organisation, internal regime and a personnel regime.
Furthermore, article 7 of the LOLR specifies the conventions and conditions provided for in article 16-3.
The State, by taking into account the religious beliefs that already exist in Spanish society, will establish, if the need arises, agreements or agreements of cooperation with the Churches, religions and religious communities registered in the Register which, thanks to their context and number of followers can claim notorious presence (notorio arraigo) in Spain. In any case, these agreements were approved by a law of the Cortes Generales.
These conditions only apply to the three main minority religions, Judaism, Protestantism and Islam. Only these religions were able to benefit from the agreements signed in 1992, after both necessary conditions outlined by law had been met : the constitution of a unified representative against the State and the acknowledgement of notorio arraigo.
The main provisions of these agreements reinforce the effective freedom of religion by legalising the observance of a religious day of rest, and by providing the possibility of alternative dates in State and private education centres and for competitive entrance examinations for employment in public administration. They also grant a freedom to exercise religion in the army and permit the creation of chaplaincies in hospitals and prisons. It is these agreements that govern the religious teaching establishments and religion courses in State schools. Furthermore, they grant civil recognition to religious marriages.
To date, the following religious minorities benefit from the recognition of their notorious presence (notorio arraigo) by the Advisory Committee on Religious Freedom of the Spanish Ministry of Justice, a necessary step, but not sufficient to consider a cooperation agreement with the State :
• Protestants (1984)
• Muslims (1989)
• Jews (1984)
• Mormons (2003)
• Jehova’s Witnesses (2006)
• Budists (2007)
• Orthodox Church (2010)

13 septembre 2012