eurel     Sociological and legal data on religions in Europe and beyond
You are here : Home » Austria » Current issues and debates » Archives

Archives

2023

March 2023: Seventh-day Adventists fail in court case over school funding
The state-registered religious communities of the Seventh-day Adventist Church in Austria had applied for state (...)

  • March 2023: Seventh-day Adventists fail in court case over school funding

The state-registered religious communities of the Seventh-day Adventist Church in Austria had applied for state subsidies for a private school with public rights in the province of Vorarlberg. This application was rejected in 2019 by the authority in charge, the education directorate, due to the fact that this religious community is not a legally recognised church or religious community in Austria. In response, the German branch of the Seventh-day Adventist Church has turned to the European Court of Justice.

In its ruling of February 2, 2023, the European Court of Justice in Luxembourg found the withholding of financial support to be appropriate and legitimate. The European Court of Justice emphasised that it is up to the states to organise their relations with churches and religious communities. Still, the economic activity of religious communities, including the establishment of private schools, could fall under EU law.

In Austria, private denominational schools complement the public educational system. In this context, there is also regulation to ensure that private schools, which are subsidised, serve a significant part of the population. The Seventh-day Adventist Church was granted legal status as a "state-registered religious denomination" on 11 July 1998. This recognition is a prerequisite for full legal recognition as a "legally registered church and religious society". One of the criteria for this is a membership of at least 2 per thousand of the total population, which at the moment would comprise just under 18,000 people. Until now, the recognition of the Seventh-day Adventist Church as a legally recognised church and religious society has failed in Austria because the number of members has not reached that level.

Sources and further information:
 Statistics Austria – Population at beginning of year/quarter
 Court of Justice of the European Union – Judgement: in English, in French.

D 3 March 2023    ARobert Wurzrainer

2021

July 2021: Launch of ’Islam Map’ heavily criticised
The launch of an “Islam Map” by the governmental “Documentation Center for Political Islam”, which lists the addresses of the majority of (...)

  • July 2021: Launch of ’Islam Map’ heavily criticised

The launch of an “Islam Map” by the governmental “Documentation Center for Political Islam”, which lists the addresses of the majority of Austria’s Muslim organisations, caused severe criticism.

Minister for Integration Susanne Raab (Austrian People’s Party), also responsible for religious affairs, presented a website which lists the contact details of over 600 prayer sites, associations, and private people as well as a description of their affiliation with different strands of Islam and international Muslim actors (e.g. Turkish Diyanet, Millî Görüş, Ayatollah Sistani, etc.). The website was presented as a publication of the newly founded “Documentation Center for Political Islam”, which defines political Islam as “ideology that aims to transform or influence society, culture, state or politics in a way that these actors perceive as Islamic but which contradicts democratic principles, the rule of law and human rights”.

Most Muslim sites in Austria are among the addresses listed in the Islam Map. For the main part, these sites are affiliated with the “Islamic Religious Community in Austria”, a religious body under public law. The addresses were collected by Ednan Aslan, professor of Islamic Theology at the University of Vienna, who has conducted in the past disputed studies for the Ministry of Integration. The Islam Map has been first published in 2012 as a research project, partly funded by the then-new State Secretariat for Integration. At the time, it did not receive comparable attention. The new launch in the context of the “Documentation Centre for Political Islam”, by contrast, caused wide outrage and severe criticism by scholars (such as political scientist Sieglinde Rosenberger), politicians (like from the Green Party, NEOS, Social Democrats), religious actors (for instance Catholic Archbishop Christoph Schönborn, Protestant Bishop Michael Chalupka), civil society groups (for example SOS-Mitmensch), the Council of Europe and many of the Muslim groups affected (among which the communities represented by the Islamic Religious Community in Austria). The University of Vienna prohibited the use of their logo on the website and dean Heinz W. Engl dissociated himself and the University of the Islam Map.

The points of criticism raised are manifold, and include the following aspects:
 The presentation of a nearly complete list of Austrian Muslim organisations in the context of the Documentation Center for Political Islam suggests that the listed addresses are affiliated with religious extremism, and causes general suspicion towards Islam.
 Most entries, though, are affiliated with the IGGÖ that enjoys numerous privileges and the right to autonomy in internal matters. The mapping of facilities associated with a recognised religious community and the qualification of certain entries in this context violates the guaranteed rights of recognised religious communities and raises concerns under equality law.
 The information about some organisations and individuals appears incorrect and was published without their consent.
 The publication of this data might not be in line with data protection legislation. The website also published contact details of private people. A Muslim youth organisation announced that they would sue Ednan Aslan and the University of Vienna for the violation of privacy rights.
 Experts (such as data protection NGO Nyob) pointed out that the data protection of website users was insufficient. This concern was addressed by a change of the website host, which caused the website to be offline for a couple of days.
 The scientific integrity of the research project has been questioned. When presented by Aslan and Raab, the website did not provide information on data collection and methodology.
 The original version of the website invited users to report information on Muslim groups. This was perceived as a call for denunciation (see the University of Vienna).
 The list of Islamic sites was used by right-wing extremists to start a campaign putting “warning signs” near mosques and prayer places. Both Ednan Aslan and Susanne Raab, as well as the “Documentation Centre for Political Islam” condemned this campaign and claimed that the Islam Map was misused. Other actors (like the NGO SOS-Mitmensch) argued that this misuse was foreseeable, following the presentation of the Islam Map as a publication of the “Documentation Centre for Political Islam”.

Despite this broad criticism, the website remained online. It was made available again after a change of the web host that followed the critique of data protection organisations. The call to report Muslim associations was reformulated and now asks users to report mistakes. In the beginning, no information on the project’s methods was given. Meanwhile, a nine-page pdf document has been made available for download. In the document, Ednan Aslan explains that the project is built on six other projects he previously conducted. Following the document, the data collection contains publications by the Muslim organisations and information from expert interviews, the methods applied include “documentation and discourse analysis” (p. 7).

Both Ednan Aslan and Susanne Raab insist that the Islam Map is a useful project. According to their argumentation, the website intends to demonstrate Islamic pluralism and allow Muslims to learn about the background of the prayer sites they attend. It was announced that both Aslan and Raab received threats because of the Islam Map. Muslim communities, among them the legally acknowledged Islamic Religious Community in Austria, claim that this project poses a threat to Austria’s Muslims and fuels general suspicion towards Islam.

Such a confrontational course of action is in line with the Austrian People’s Party’s new approach to religion. The party has Christian-democratic roots and used to opt for inclusive policies towards religion. This changed when Sebastian Kurz gained more power in the party and eventually took over the party lead. The party profile shifted to the right and adopted far-right anti-Islam stances. Furthermore, the longstanding alliance with the Catholic Church has been loosened. The Austrian tradition of inclusive governance of religious diversity that roots in the religion politics of the Habsburg monarchy is increasingly abandoned. The Islam Map is yet another example of confrontational religion politics in Austria.

D 27 July 2021    AAstrid Mattes AKerstin Wonisch

2017

October 2017: the federal act prohibits face veils in public
On 1 October 2017, the Federal Act Prohibiting Face Veils in Public entered into force (see the article Wearing religious symbols).

  • October 2017: the federal act prohibits face veils in public

On 1 October 2017, the Federal Act Prohibiting Face Veils in Public entered into force (see the article Wearing religious symbols).

D 16 October 2017    AWolfgang Wieshaider

2013

15-22 April 2013: Referendum against church privileges does not achieve expected success
Atheist, agnostic and freethinker movements initiated a referendum that took place from 15-22 April (...)

  • 15-22 April 2013: Referendum against church privileges does not achieve expected success

Atheist, agnostic and freethinker movements initiated a referendum that took place from 15-22 April 2013. It related to abolishing church privileges, strictly separating church and state, as well as ending “gigantic” church subsidies. The various movements involved in this referendum initiative obtained the support required to organise it from the Federal Ministry for the Interior (Bundesministerium für Inneres).

As it happened, the referendum only generated 56,660 votes or 0.89% of the electorate, while 100,000 would have been needed to create a federal constitutional law.

Archbishop of Vienna, Christophe Schönborn, was pleased with these results, which prove in his view that the majority of Austrians appreciate the role of the church within society. Nevertheless, he considers it necessary to investigate what motivated the initiators of this petition. Recent paedophilia scandals in the Catholic Church, as well as the stances adopted by certain reformist priests, have distanced many of the faithful.

D 3 May 2013    ACatherine Zimmerlin

2012

July 2012 Following the media debate that arose in Germany on the legality of religious circumcision of boys, in July 2012 the Justice Minister issued a decree confirming that this was legal in (...)

  • July 2012
    Following the media debate that arose in Germany on the legality of religious circumcision of boys, in July 2012 the Justice Minister issued a decree confirming that this was legal in Austria (JABl 28/2012).
  • In July 2012
    The Austrian Parliament adopted a new law on lobbying and transparency (BGBl I 2012/64). This law specifies the rules of conduct and registration for activities aimed at influencing legislative and administrative decision-making processes. Among others, churches and religious societies recognised in law are exempted from these rules (§ 1).
  • In May 2012
    The parliament adopted an amendment to the law on the regulation of the external legal relations of the Israelite Religious Society (BGBl. I 2012/48). Apart from restating the general conditions common to any religious society recognised in law - for example, the status of legal personality under public law - this amendment clarifies the procedures for creating a religious society (§ 3) and a faith community (§ 5). Moreover, the state’s obligation to facilitate religious practice addresses the needs of Jews (§§ 8-12, 16 and 19), particularly as regards religious education in state schools and elsewhere, traditional requirements, managing private schools and ritual bathing, and rules on food, including its production. The days of Shabbat and the festivals of the Jewish calendar are protected, without, however, being raised to the status of legal holidays. Rabbis’ duty of secrecy is acknowledged and unlimited use of Jewish cemeteries is guaranteed.
  • March 2012
    The Ministry of Education announced the creation of the diocese of the Russian Orthodox Church (Moscow Patriarchate) of Vienna and Austria (BGBl. II 2012/54).

D 24 July 2012   

2011

9 March 2011 : Crucifixes in schools in Lower Austria
While the Grand Chamber of the European Court of Human Rights was issuing its decision in the case Lautsi v. Italy, the Austrian (...)

  • 9 March 2011 : Crucifixes in schools in Lower Austria

While the Grand Chamber of the European Court of Human Rights was issuing its decision in the case Lautsi v. Italy, the Austrian Constitutional Court decided that the Lower Austrian law on nursery schools violates neither freedom of religion, nor the principle of equality, nor the right of parents to provide religious education for their children. This law envisages that a crucifix is affixed in nursery schools when the majority of pupils are Christian.
The Court argued that the law cannot be interpreted as allowing children to be steered in a particular religious direction. Given that Austria is characterised by the principle of separation between the state and religions, the crucifix may also not be considered as a symbol of a state church. And even if one may wish to view this as interfering with negative freedom of religion, it is in no way excessive, because the crucifix is not a tool of indoctrination or conversion (VfGH 9.3. 2011, G 287/09).

  • February 2011 : Recognition of the Conference of Orthodox Bishops

Law BGBl. I 2011/68 amended the law on the external relations of the Eastern Greek Church. §1 recognises the Conference of Orthodox Bishops under the presidency of the Metropolitan of Austria. The Conference’s mission is to coordinate religious education, to exercise a right to provide its expertise in respect of draft legislation and other plans by public authorities and to give its point of view on recognising Orthodox institutions according to the provisions of this law.
New §3a also facilitates the recognition of Orthodox dioceses at the request of the patriarchate, if at least two communities of the faith concerned exist in Austria, if the seat of the bishop or his substitute is located in Austria and if the diocese has a status approved by the higher ecclesiastical authority. The dioceses then obtain the status of public law corporations. According to §3d, the Church can also create parishes without legal personality beneath ecclesial communities.

D 23 March 2011   

2010

1st December 2010 : Registering a second Muslim community
An application by an Alevi association to be registered as a faith community was rejected on the grounds that there was already one (...)

  • 1st December 2010 : Registering a second Muslim community

An application by an Alevi association to be registered as a faith community was rejected on the grounds that there was already one recognised Islamic community in Austria; the Constitutional Court stated that neither Article 15 of the Constitution (RGBl. 1867/142), nor Article 9 of the European Convention of Human Rights made it possible to conclude that only one Islamic community could exist in law. Article I §1 of the law on Islam and the corresponding order also confirm this interpretation, which conforms with the Constitution (VfGH 1.12.2010, B 1214/09).

D 10 December 2010   

2009

January - February 2009 : Status of Religious Communities and ECtHR
In January and February 2009, the European Court of Human Rights made several rulings against Austria. In the case Verein (...)

  • January - February 2009 : Status of Religious Communities and ECtHR

In January and February 2009, the European Court of Human Rights made several rulings against Austria.
In the case Verein der Freunde der Christengemeinschaft and others (26th February 2009, 76581/01), the Court referred to a previous ruling in respect of the Jehovah’s Witnesses (31st July 2008, 40825/98) and stated that there had been a violation of Article 14 in conjunction with Article 9 of the European Convention of Human Rights. It considered that the requirement to exist for ten years as a registered religious community before being recognised as a religious society under public law was not justified in the case of this religious community, which had already been long established in the country and was therefore well known to the relevant authorities.
In cases Löffelmann (12th March 2009, 42967/98), Gütl (12th March 2009, 49686/99) and Lang (19th March 2009, 28648/03), the Court also found violations of Article 14 in conjunction with Article 9 of the ECHR. As exemption from military service was granted only to ministers of recognised religions, it was not granted to Jehovah’s Witnesses ministers, as they were part of a registered religious community and not of a church or society recognised in law. Since this difference in treatment was not based on an "objective and reasonable justification", it constitutes discrimination.
In the meantime, the Ministry for Education, the Arts and Culture has presented a draft decree that would allow the religious society of Jehovah’s Witnesses to obtain the status of religious society as recognised in public law.

D 2 March 2009   

2008

July - August 2008 : Recent Case Law
In recent months two issues of case law have dominated Austrian religious law:
The Supreme Court ruled on wearing a niqab before a court (OGH 27th August (...)

  • July - August 2008 : Recent Case Law

In recent months two issues of case law have dominated Austrian religious law:

The Supreme Court ruled on wearing a niqab before a court (OGH 27th August 2008, 13 Os 83/08 t). The Accused had appeared before the court with her face veiled, which the Court considered a disrespectful act justifying her exclusion from the courtroom. According to the Court, the Accused failed to show that her behaviour represented anything but a politico-ideological demonstration, which has no place in a court. The Court found in the Penal Code authorisation to intervene in accordance with paragraph 2 of article 9 of the European Convention on Human Rights (ECHR). The European Court of Human Rights ruled on a petition by Jehovah’s Witnesses (31st July 2008, 40825/98) concerning the refusal of the Austrian public authorities to grant them the status of a "religious society" in public law. The Court considers that there was a violation, on the one hand, of Article 6, paragraph 1 of the ECHR (because the proceedings had lasted too long), and on the other hand, of Article 9 (the right to religious freedom).

Reading between the lines, the Court indicated that Austrian legislators will have to adapt their conditions for recognising religious societies under public law by abolishing requirements that are too strict and by taking into account the history and the social integration of applicants. These elements were not considered in this case, because in 2008 the community of Jehovah’s Witnesses had already fulfilled the two requirements for recognition as a religious society: existence as a registered religious community for at least ten years and a roll of at least 16,000 members (2% of the Austrian population).

D 2 September 2008   

2007

1st October 2007 : Opening of the Teachers Seminary
The Teachers Seminary (Kirchliche Pädagogische Hochschule) opened its doors in Vienna on 1st October 2007. It is a unique project in Europe, (...)

  • 1st October 2007 : Opening of the Teachers Seminary

The Teachers Seminary (Kirchliche Pädagogische Hochschule) opened its doors in Vienna on 1st October 2007. It is a unique project in Europe, established by the Catholic Church and managed jointly by the Catholic Church, the Protestant Lutheran and Reformed Churches, the Old Catholic Church and the Orthodox and Oriental-Orthodox Churches. The School is responsible for the initial and ongoing professional training of teachers and catechetists.

D 18 October 2007   

CNRS Unistra Dres Gsrl

Follow us:
© 2002-2024 eurel - Contact