Section II. Status of Government Respect for Religious Freedom
The constitution states all citizens are equal before the law regardless of religion and are free to profess their beliefs in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided they are not offensive to public morality. According to the constitution, each religious community has the right to establish its own institutions according to its own statutes as long as these do not conflict with the law. The constitution stipulates the state may not impose special limitations or taxes on the establishment or activities of groups because of their religious nature or aims. The constitution specifies the state and the Catholic Church are independent of each other, and their relations are governed by treaties, which include a concordat between the government and the Holy See.
The law considers insults against any divinity to be blasphemy, a crime punishable by a fine ranging from 51 to 309 euros ($58-$350). The government generally does not enforce the law against blasphemy.
The constitution states all religious groups are equally free and relations between the state and non-Catholic groups are governed by law based on agreements (“accords”) between them. Representatives of a non-Catholic faith requesting an accord must first submit their request to the Office of the Prime Minister. The government and the group’s representatives then negotiate a draft agreement, which the Council of Ministers must approve. The prime minister then signs and submits the agreement to parliament for final approval. Once parliament approves the implementing legislation, the accord governs the relationship between the government and the religious group, including state support. Twelve groups have an accord: the Confederation of Methodist and Waldensian Churches, Seventh-day Adventists, Assemblies of God, Jews, Baptists, Lutherans, the Church of Jesus Christ, the Orthodox Church of the Constantinople Patriarchate, the Italian Apostolic Church, the Buddhist Union, Soka Gakkai Buddhists, and Hindus.
The law provides religious groups with tax-exempt status and the right to recognition as legal entities, as long as they have completed a registration process with the MOI. Legal registration is a prerequisite for any group seeking an accord with the government. A religious group may apply for registration by submitting to a prefect, the local representative of the MOI, a request including the group’s statutes; a report on its goals and activities; information on its administrative offices; a three-year budget; certification of its credit status by a bank; and certification of the Italian citizenship or legal residency of its head. To be approved, a group’s statutes must not conflict with the law. If approved, the group must submit to MOI monitoring, including of their budgets and internal organization. The MOI may appoint a commissioner to administer the group if it identifies irregularities in its activities. Religious groups that are not registered may still operate legally as NGOs and obtain tax-exempt status, legal recognition of marriages, access to hospitals and prisons, and other benefits, but having an accord with the government facilitates the process. The Catholic Church is the only legally recognized group exempted from MOI monitoring, in accordance with the concordat between the government and the Holy See.
An accord grants clergy automatic access to state hospitals, prisons, and military barracks; allows for civil registry of religious marriages; facilitates special religious practices regarding funerals; and exempts students from school attendance on religious holidays. Any religious group without an accord may request these benefits from the MOI on a case-by-case basis. An accord also allows a religious group to receive funds collected by the state through a voluntary 0.8 percent set-aside on taxpayer returns. Taxpayers may specify to which eligible religious group they would like to direct these funds. The government set aside 1.23 billion euros ($1.41 billion) via this mechanism during the year, of which more than 81 percent went to the Catholic Church.
Veneto regional legislation prohibits the use of burqas and niqabs in public institutions such as hospitals.
The concordat provides for the Catholic Church to select teachers, paid by the state, to provide instruction in weekly “hour of religion” courses taught in public schools. The courses are optional, and students who do not wish to attend may study other subjects or, in certain cases, leave school early with parental consent. Church-selected instructors are lay or religious, and the instruction includes material determined by the state and relevant to non-Catholic religious groups. Government funding is available only for these Catholic Church-approved teachers. If a student requests a religion class from a non-Catholic religious group, that group must provide the teacher and cover the cost of instruction; it is not required to seek government approval for the content of the class. Some local laws provide scholarship funding for students to attend private, religiously affiliated schools, usually but not always Catholic, that meet government educational standards.
According to law, hate speech, including instances motivated by religious hatred, are punishable by up to four years in prison. The law applies to denial of genocide or crimes against humanity.
All missionaries and other foreign religious workers from countries that are not European Union members or signatories to the Schengen Agreement must apply for special religious activity visas before arriving in the country.
The country is a party to the International Covenant on Civil and Political Rights.