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SPAIN
The Constitution provides for freedom of religion. Roman Catholicism is the predominant religion and its institutions receive official funding.
The government signed an agreement with the Vatican in January 1979 entitling the Catholic Church and its religious orders to set up schools.
Under the Constitution and other legislation, the freedom of parents to ensure the religious and moral education of their children in conformity with their own convictions is assured.
In September 1992, the Spanish government passed legislation which affirms the legal equality of all religions and allows schools to provide religious instruction to Protestant students.
The Constitution provides for equal rights for all citizens and an ombudsman, called the “People’s Defender,” investigates complaints of human rights abuses by the authorities. He operates independently from any party or government ministry, must be elected every 5 years by a three-fifths majority of Congress and is immune from prosecution. He has complete access to government institutions and documents not barred by reasons of national security.
Minority religions have encountered considerable discrimination, including arbitrary arrests of members of new religious movements and prolonged detention of their children. In 1994, the UN Special Rapporteur on Religious Intolerance reported that twenty-two children belonging to members of the religious group known as The Family were held in child welfare centres for more than a year after the arrest of their parents. In May 1992, a Barcelona judge ordered the acquittal of the adults and the children returned to them. The government appealed. In June 1993, the Barcelona Provincial Court upheld the acquittals, stating that it does not and cannot judge beliefs except where they give rise to a closed, dogmatic and disciplined community which is harmful in character. The acquittals were upheld by the Supreme and Constitutional Courts in October 1994.
The Constitution provides for equal rights for all citizens and an ombudsman, called the “People’s Defender,” investigates complaints of human rights abuses by the authorities.
Spain has a penal code which makes incitement towards another on the basis of religion illegal.
Article 14 of the Constitution states that:
“Spaniards are equal before the law, without any discrimination for reasons of birth, race, sex, religion, opinion, or any other personal or social condition to circumstance.”
Article 16:
“(1) Freedom of ideology, religion, and cult of individuals and communities is guaranteed without any limitation in their demonstrations other than that which is necessary for the maintenance of public order protected by law.
“(2) No one may be obliged to make a declaration on his ideology, religion or beliefs.
“(3) No religion shall have a state character. The public powers shall take into account the religious beliefs of Spanish society and maintain the appropriate relations of cooperation, with the Catholic Church and other denominations.
Continued...
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