COUNCIL OF EUROPE

For greater mutual respect

Two recommendations on questions relating to religion

“State, religion, secularism and human rights” and “Blasphemy, insults of a religious character and incitement to hatred against persons on grounds of their religion”: these are the two recommendations approved by the Parliamentary Assembly of the Council of Europe (COE), meeting in Strasbourg from 25 to 29June. The two recommendations are available in “provisional version” on the website of the Council of Europe (www.coe.int). The first document on “State, religion, secularism and human rights” (no.1804), subdivided into 24 points, emphasizing the importance of the religious factor in European society, reaffirms the principle of the separation between Church and State. “It is a generally admitted principle that dominates the political and institutional life in democratic countries”. The second recommendation (no.1805), divided into 17 points, affirms that “religious groups must tolerate criticisms and debates on their activities on condition that they be not gratuitous insults”. On the contrary, incitements to hatred that instigate discrimination and violence against people on the basis of their religion ought to be punished under the law. We propose a résumé of the two documents. STATE AND RELIGIONS. The principle of the separation between Church and State, says recommendation no.1804, “is a generally admitted principle that dominates the political and institutional life in democratic countries”. Already with recommendation no.1720 (of 2005) on education and on religion, the Parliamentary Assembly of the COE had pointed out “every person’s religion, including the option not to have a religion, forms part of a strictly private sphere”. In this regard, recommendation no. 1804 points out that, “if the European Court of Human Rights protects freedom of expression and freedom of religion, it also recognizes the right of the various countries to organize relations between the State and the religions in conformity with the provisions of the European Convention of Human Rights”.RELIGION AND DEMOCRACY. In recognizing the importance of intercultural dialogue and its religious dimension, recommendation no. 1804 declares that religion and democracy are not incompatible and, sometimes, religions play a very positive social role. “The civil authorities, with the support of the religions, can eliminate many causes that generate religious extremism”. In this perspective, the educational aspect is particularly significant in combating religious ignorance, and the stereotyping and incomprehension of religions. “Knowledge of religions is an integral part of the history of mankind and of civilizations… The countries where one Confession is predominant must also teach the origins of all religions”.PRIMACY OF HUMAN RIGHTS. “States – says recommendation no. 1804 – cannot accept the diffusion of religious principles which, once put into practice, would imply a violation of human rights. If doubts exist in this field, States must demand from religious leaders an unambiguous public acknowledgement of the primacy of human rights over every religious principle, as enunciated in the European Convention of Human Rights”. The recommendation – apart from endorsing the proposal of the Committee of Ministers to organize annual meetings on the religious dimension of intercultural dialogue with the representatives of the religions traditionally present in Europe and civil society – also presents some suggestions aimed at the Committee itself, including: promoting reflection on the religious dimension of intercultural dialogue; and considering the creation of an institute to draft educational programmes, methods and materials useful for the study of the religious heritage of the member states of the COE. INSULTS OF A RELIGIOUS CHARACTER. In the second recommendation (no.1805), the Parliamentary Assembly reaffirms the need to review jurisdiction in terms of blasphemy, “often resulting from the dominant position of a particular religion”, and invites the Committee of Ministers to monitor the de-penalization of “blasphemy” in the individual states. Recalling recommendation no.1720 (of 2005) on education and religion, the Assembly further underlines the need to promote “understanding and tolerance between people of different confessions. If individuals had a better knowledge of the religion and the religious sensibilities of others, insults of a religious character imputable to ignorance would probably be less frequent”. In this context, the Assembly welcomed the initiative of the UNO to set up an agency dedicated to the theme of the “alliance of civilizations”.