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Italy

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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.

Sweden

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides “the freedom to practice one’s religion alone or in the company of others.”  The law mandates there be no limitation of rights or freedoms on the grounds of religious opinion.

The constitution instructs public institutions to combat discrimination based on religious affiliation.  According to law, complaints about discrimination for religious reasons in the private sector, in the government, or by a government agency or authority must be filed with the Discrimination Ombudsman.  The ombudsman investigates each case and issues a decision that is not legally binding.  The decision includes recommendations to prevent future discrimination.  The ombudsman takes some cases to court each year, in part to create legal precedent.  The ombudsman can represent the individual making a complaint in the event of legal proceedings if he or she requests it.

The constitution states, “The opportunities of religious minorities to preserve and develop a cultural and social life of their own shall be promoted.”  No one is obliged to belong to a religious community or “divulge religious beliefs in relations with public institutions.”

There is no requirement in the law for religious groups to register or otherwise seek recognition.  Faith communities registering with the SST, however, receive tax exemptions similar to those of nonprofit organizations and are eligible to receive government funding.  To register with the SST, a religious group must submit an application to the Ministry of Culture demonstrating the group fulfills certain requirements, including that it be stable and have operated in the country for at least five years, have a clear and stable structure, be able to function on its own, serve at least 3,000 persons (with exceptions), and be present in different locations in the country.

According to the law, animal slaughter must be preceded by stunning and/or the administration of anesthetics to minimize the animal’s suffering.

The law stipulates that male circumcision may be performed only by a licensed doctor or, for boys under the age of two months, by a person certified by the National Board of Health and Welfare.  The board certifies mohels (individuals who conduct ritual Jewish circumcisions) to perform the operations on boys younger than two months but requires the presence of a medical doctor, who must administer anesthesia to the infant.

The government facilitates fundraising by religious groups by offering them the option of collecting contributions through the Tax Agency in exchange for a one-time fee of 75,000 Swedish kronor ($8,400) and an annual fee of 21 kronor ($2) per member per year.  The Church of Sweden is exempted from the annual fee because it, unlike the other religious groups participating in the scheme, does not receive financial support from the SST.  Only religious groups registered with the SST may participate in the scheme.  Religious groups freely choose what percentage of members’ annual taxable income to collect, with a median collection rate of 1 percent.  The Tax Agency subtracts a percentage of the member’s gross income and distributes it to the religious organization.  The member’s contribution is not deductible from income tax.  Seventeen religious organizations participate in the scheme, including the Church of Sweden, Roman Catholic Church, four Muslim congregations, and two Syriac Orthodox churches.

The government provides publicly funded grants to registered religious groups through the SST, which is under the authority of the Ministry of Culture.  The grants are proportional to the size of a group’s membership.  Registered religious groups may also apply for separate grants for specific purposes, such as security expenses.

The military offers food options compliant with religious dietary restrictions.  Each military district has a chaplain.  According to the law, chaplains may be of any religious affiliation, but all chaplains seconded to the armed forces belong to the Church of Sweden.  Regardless of religious denomination, chaplains are required to perform religious duties for other faiths or refer service members to spiritual leaders of other faiths if requested.  The law specifically exempts Jehovah’s Witnesses from national military service.  Other conscientious objectors may apply for nonarmed military service but are in practice not inducted into the military.  Armed forces guidelines allow religious headwear.  Individuals serving in the military may observe their particular religious holidays in exchange for not taking leave on public holidays.

Religious education is compulsory in public and private schools.  Teachers use a curriculum that encompasses lessons about the major world religions without preference for any particular religious group.  Parents may send their children to independent religious schools, which the government supports through a voucher system and which must adhere to government guidelines on core academic curricula, including religious education.  Such schools may host voluntary religious activities outside the classroom, but these activities may not interfere with government guidelines on core academic curricula.

Hate speech laws prohibit threats or expressions of contempt for persons based on several factors, including religious belief.  Penalties for hate speech range from fines to a sentence of up to four years in prison, depending on the severity of the incident.

Law enforcement authorities maintain statistics on hate crimes, including religiously motivated hate crimes, issuing them every two years.  Law enforcement authorities may add a hate crime classification to an initial crime report or to existing charges during an investigation.  Prosecutors determine whether to bring hate crime charges as part of the prosecution, and the defense has an opportunity to rebut the classification.  In cases where the criminal act involves a hate crime, the penalties increase.

The country is a party to the International Covenant on Civil and Political Rights.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future