Following discussions in which IHEU representatives played an important role, the Parliamentary Assembly of the Council of Europe has strongly supported the separation of religion and state [1]. In a wide-ranging formal Recommendation, the Assembly insisted that religious leaders must acknowledge the precedence of human rights over any religious principle and called for Humanist leaders to be included in political consultations with religious representatives.

In a second landmark Recommendation on Blasphemy, religious insults and hate speech, the Council firmly concludes that blasphemy, as an insult to a religion, should not be deemed a criminal offence.

The full text of both recommendations can be found on the IHEU website.

State, religion, secularity and human rights - Highlights of recommendation 1804:

“The Assembly reaffirms that one of Europe's shared values, transcending national differences, is the separation of church and state. In Recommendation 1720 (2005) on education and religion, the Assembly noted that "each person's religion, including the option of having no religion, is a strictly personal matter".

“Over the last twenty years, religious worship has declined markedly in Europe. Fewer than one European in five attends a religious service at least once a week, whereas twenty years ago the figure was more than twice that. At the same time, we are witnessing the growing strength of the Muslim communities in virtually all the Council of Europe member states.

“What is undeniable, is that religion has, in recent years, again become a central issue of debate in our societies. Roman Catholics, members of the Orthodox Church, Evangeli[cals] and Muslims seem to be the most active here.

“A knowledge of religions is an integral part of knowledge of human history and civilisations. It is different from belief in, and worship of, a particular religion. Even countries where one religion prevails have a duty to teach the origins of all religions.

“Various situations coexist in Europe. In some countries, one religion still predominates. The legislation of several Council of Europe member states still contains anachronisms dating from times when religion played a more important part in our societies.

“Freedom of religion is protected by Article 9 of the European Convention on Human Rights and Article 18 of the Universal Declaration on Human Rights. Such freedom is not unlimited, however: a religion whose doctrine or practice ran counter to other fundamental rights would be unacceptable. Nor may states allow the dissemination of religious principles which, if put into practice, would violate human rights. If doubts exist in this respect, states must require religious leaders to take an unambiguous stand in favour of the precedence of human rights, as set forth in the European Convention on Human Rights, over any religious principle.

“Freedom of expression is one of the most important human rights. The recommendation reaffirms that ‘Freedom of expression … should not be further restricted to meet increasing sensitivities of certain religious groups’.

“While we have an acknowledged duty to respect others and must discourage gratuitous insults, freedom of expression cannot, needless to say, be restricted out of deference to certain dogmas or the beliefs of a particular religious community.

“The Assembly therefore recommends that the Committee of Ministers (inter alia) reaffirm the principle of the independence of politics and law from religion; continue to give thought to the religious dimension of intercultural dialogue, particularly by organising meetings with religious leaders and representatives of humanist and philosophical circles; and exclude from the consultation any grouping that does not clearly support the Council of Europe's fundamental values, namely human rights, democracy and the rule of law.

Blasphemy, religious insults and hate speech against persons on grounds of their religion - Highlights of Recommendation 1805

“The Parliamentary Assembly reiterates its commitment to the freedom of expression and the freedom of thought, conscience and religion which are fundamental cornerstones of democracy. Freedom of expression is not only applicable to expressions that are favourably received or regarded as inoffensive, but also to those that may shock, offend or disturb […] Any democratic society must permit open debate on matters relating to religion and beliefs.

“The Assembly acknowledges the importance of respect for, and understanding of, cultural and religious diversity in Europe and throughout the world and recognises the need for ongoing dialogue. Respect and understanding can help avoid frictions within society and between individuals. Every human being should be respected, independently of religious beliefs.

“In multicultural societies it is often necessary to reconcile freedom of expression and freedom of thought, conscience and religion. In some instances, it may also be necessary to place restrictions on these freedoms. Under the European Convention on Human Rights, any such restrictions must be prescribed by law, necessary in a democratic society and proportionate to the aims pursued. In so doing, States enjoy a margin of appreciation as national authorities may need to adopt different solutions taking account of the specific features of each society; the use of this margin is subject to the supervision of the European Court of Human Rights.

“With regard to blasphemy, religious insults and hate speech against persons on the grounds of their religion… the Assembly considers that blasphemy, as an insult to a religion, should not be deemed a criminal offence. Even though today prosecutions in this respect are rare in member states, they are legion in other countries of the world.

“The Assembly agrees with the preliminary report adopted on 16-17 March 2007 by the Venice Commission that in a democratic society, religious groups must tolerate, as must other groups, critical public statements and debate about their activities, teachings and beliefs, provided that such criticism does not amount to intentional and gratuitous insult or hate speech and does not constitute incitement to disturb the public peace or to violence and discrimination against adherents of a particular religion.

“… the Assembly emphasises the need for greater understanding and tolerance among individuals of different religions. Where people with different religions know more about the religion and religious sensitivities of each other, religious insults are less likely to occur out of ignorance. In this context, the Assembly welcomes the initiative of the United Nations to set up a new body under the theme “Alliance of Civilisations” to study and support contacts between Muslim and so-called Western societies, but feels that such an initiative should be enlarged to other religions and non-religious groups.

“The Assembly stresses that … any restrictions on the freedom of expression must comply with the case-law of the European Court of Human Rights. Freedom of expression – guaranteed under Article 10 of the European Convention on Human Rights – is of vital importance for any democratic society.

“The Assembly is aware that, in the past, national law and practice concerning blasphemy and other religious offences often reflected the dominant position of particular religions in individual states. In view of the greater diversity of religious beliefs in Europe and the democratic principle of the separation of state and religion, blasphemy laws should be reviewed by member states and parliaments.

“The Assembly notes that under the International Convention on the Elimination of All Forms of Racial Discrimination, signatory parties are obliged to condemn discrimination and take effective measures against it. All member states … must ensure that members of a particular religion are neither privileged nor disadvantaged under blasphemy laws and related offences.

”National law should penalise statements that call for a person or a group of persons to be subjected to hatred, discrimination or violence on grounds of their religion.

“13. The Assembly emphasises that freedom of religion as protected by Article 9 of the European Convention on Human Rights also protects religions in their establishing values for their followers. While religions are free to penalise in a religious sense any religious offences, such penalties must not threaten the life, physical integrity, liberty or property of an individual or women’s civil and human rights. In this context, the Assembly recalls its Resolution 1535 (2007) on threats to the lives and freedom of expression of journalists and strongly condemns the death threats issued by Muslim leaders against journalists and writers. Member states have the obligation to protect individuals against religious penalties which threaten the right to life and the right to liberty and security of a person… No state has the right to impose itself such penalties for religious offences, either.

“The Assembly considers that ... national law should only penalise expressions about religious matters which intentionally and severely disturb public order and call for public violence. It calls on national parliaments to initiate legislative action and scrutiny regarding the national implementation of this Recommendation.

“The Assembly recommends that the Committee of Ministers to (inter alia) ensure that national law and practice: permit open debate on matters relating to religion and beliefs and do not privilege a particular religion in this respect; penalise statements that call for a person or a group of persons to be subjected to hatred, discrimination or violence on grounds of their religion as on any other grounds; prohibit acts which intentionally and severely disturb the public order and call for public violence by references to religious matters, as far as it is necessary in a democratic society in accordance with Article 10, paragraph 2 of the European Convention on Human Rights; and are reviewed in order to decriminalise blasphemy as an insult to a religion;

“The Assembly also recommends that the Committee of Ministers initiate … work at the level of the United Nations in order to ensure that:

• national law and practice … do not privilege persons with a particular religion;
• the work of the Alliance of Civilizations avoids the stereotype of a so-called “Western” culture, widens its scope to other world religions and promotes more open debates between different religious groups and with non-religious groups;

“The Assembly also asks the Committee of Ministers to condemn on behalf of their governments any death threats and incitements to violence by religious leaders and groups issued against persons for having exercised their right to freedom of expression about religious matters.”

References

1 Texts adopted by the Parliamentary Assembly on 29 June 2007 (27th Sitting)