Legal framework

Constitution

Following amendments in 2012, article 2 of the Constitution no longer establishes the Evangelical Lutheran faith as the official religion of Norway. The current version, however, stipulates that, (...)

Following amendments in 2012, article 2 of the Constitution no longer establishes the Evangelical Lutheran faith as the official religion of Norway. The current version, however, stipulates that, “Our values will remain our Christian and humanist heritage”. The unclear scope of this formulation has been repeatedly pointed out following the amendments. Article 16 of the amended constitution secures the religious freedom of all citizens and pronounces that the Church of Norway (CON) “will remain the Established Church of Norway”, and is eligible for financial support, which is also admitted to all other faith communities on an equal footing. Remnants of the old relationship between church and state can still be found in article 4, which provides that “the King shall at all times profess the Evangelical-Lutheran religion”, and article 9, which requires Kings that come of age to take the following oath before parliament: "I promise and swear that I will govern the Kingdom of Norway in accordance with its Constitution and Laws; so help me God, the Almighty and Omniscient."

D 16 September 2016 AHelge Årsheim

The status of the Church of Norway

Amendments introduced in 2012 removed the constitutional foundations of the Church of Norway (CON) as an official, public body. While the CON was never technically subject to constitutional (...)

Amendments introduced in 2012 removed the constitutional foundations of the Church of Norway (CON) as an official, public body. While the CON was never technically subject to constitutional regulation, it acted as a de facto state church by taking on the role of custodian of the Evangelical Lutheran faith, which was upheld as the official religion of the nation in the former article 2 of the constitution. The scope of the amended version of article 16 of the Constitution, under which the CON “will remain the established Church of Norway” has not been properly clarified, and the consequences of the constitutional amendments are presently still being worked out (2016). In this process, the future legal personality of the CON and the question of singular or separate legislative frameworks for the CON and all other religious communities are among the more contentious issues still to be resolved.

D 16 September 2016 AHelge Årsheim

Legal Regulation of Religion in Norway

The legal status of religious organizations in Norway is regulated in the 1814 Constitution, the 1969 Act on Faith Communities and the 1996 Church Act. Following constitutional amendments in (...)

The legal status of religious organizations in Norway is regulated in the 1814 Constitution, the 1969 Act on Faith Communities and the 1996 Church Act. Following constitutional amendments in 2012, article 16 of the Constitution stipulates that the Church of Norway (CON), “remains the people’s Church, and will as such be supported by the State”, and secures equal per capita remuneration for other religious or belief communities. The Church Act and the Act on Faith Communities specify the rules and regulations pertaining to the CON and other faith communities respectively, ranging from the nature of their legal personality to their various rights and privileges.

D 16 September 2016 AHelge Årsheim

The Human Rights Act

The Human Rights Act (1999) incorporates five international human rights treaties into the Norwegian legal framework: The European Convention on Human Rights (1950), The International Covenant on (...)

The Human Rights Act (1999) incorporates five international human rights treaties into the Norwegian legal framework: The European Convention on Human Rights (1950), The International Covenant on Civil and Political Rights (1966), The International Covenant on Economic, Social and Cultural Rights (1966), The Convention on the Rights of the Child (1989) and the Convention on the Elimination of All forms of Discrimination against Women (1979). The provisions of all these treaties are enforceable in the Norwegian legal system, overriding other statutory provisions in cases of conflict. The treaties provide robust protections against religious discrimination, safeguard the freedom of religion or belief and secure the rights of religious minorities.

D 7 June 2022 AHelge Årsheim

The Act on Faith Communities

A new Act on Faith Communities entered into force in 2021, replacing the old Act on Faith Communities (1969), the Act on support to Worldview communities (1981) and the Church Act (1996). The Act (...)

A new Act on Faith Communities entered into force in 2021, replacing the old Act on Faith Communities (1969), the Act on support to Worldview communities (1981) and the Church Act (1996). The Act has specific rules for the registration and recognition of faith communities and a separate chapter on the Church of Norway. The Act introduces new and stricter rules for financial support: faith communities that violate, condone or encourage violence, the use of force, threats, the violation of children’s rights, the violation of anti-discrimination laws or the violation of the rights and freedoms of others may lose financial support. Faith communities that receive financial donations from states that do not respect the right to freedom of religion or belief may also lose financial support. In cases where violations are systematic and egregious, registration may also be discontinued. The Act also regulates the right to conduct marriages, the right to a burial plot, the religious freedom of children and the right to two days off work and school to celebrate religious holidays.

D 7 June 2022 AHelge Årsheim