Section II. Status of Government Respect for Religious Freedom
A combination of historical and modern constitutional documents guarantees freedom of “conscience and creed.” The law provides for freedom of religious belief and the rights of all residents to join, participate in, leave, or abstain from association with any religious community. It stipulates, “Duties incumbent on nationals may not be impeded by religious affiliation.”
Several constitutional provisions protect religious freedom. The main pillars are historical laws on fundamental rights and freedoms, including religious freedom, and treaties and conventions such as the European Convention on Human Rights, which form part of the constitution. Antidiscrimination legislation prohibits discrimination on religious grounds. Citizens have the right to sue the government for constitutional violations of religious freedom.
The law prohibits public incitement to hostile acts against a church group, religious society, or other religious group if the incitement is perceivable by “many people,” which an official government commentary on the law and the courts interpret as 30 or more individuals. The prohibition also applies specifically in the case of incitement in print, electronic, or other media available to a broad public. The law also prohibits incitement, insult, or contempt against religious groups, if such action violates human dignity.
The law divides registered religious groups into three officially recognized legal categories (listed in descending order of rights and privileges): religious societies, religious confessional communities, and associations. Each category possesses specific rights, privileges, and legal responsibilities. Members of religious groups not legally recognized may practice their religion at home “insofar as this practice is neither unlawful nor offends common decency.”
There are 16 recognized religious societies: the Roman Catholic Church; Protestant churches (Augsburg and Helvetic confessions); the IGGIO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, Serbian, and, since January, Antiochian); The Church of Jesus Christ of Latter-day Saints; New Apostolic Church; Syrian Orthodox Church; Coptic Orthodox Church; Armenian Apostolic Church; Methodist Church of Austria; the Buddhist Community; Jehovah’s Witnesses; Alevi Community in Austria; and Free Christian Churches.
The law grants registered religious societies the right to public practice and independent administration of their internal affairs, to participate in the program requiring mandatory church contributions by church members, to bring religious workers into the country to act as ministers, missionaries, or teachers, and to provide pastoral services in prisons and hospitals. Under the law, religious societies have “public corporation” status, permitting them to engage in a number of public or quasi-public activities such as government-funded religious instruction in both public and private schools, which the government denies to confessional communities and associations. The government grants all recognized religious societies tax relief in two main ways: donations are not taxable, and the societies receive exemption from property tax for all buildings dedicated to the active practice of religion or administration of such. Additionally, religious societies are exempt from the surveillance charge, payable when state security is required, and the administrative fee levied at the municipal level. Responsibilities of religious societies include a commitment to sponsor social and cultural activities that serve the common good and – like all religious groups – to ensure their teachings do not violate the law or ethical standards.
Religious groups seeking to achieve religious society status for the first time must apply for recognition with the Office for Religious Affairs in the Federal Chancellery. Religious groups recognized as societies prior to 1998 retained their status. The government grandfathered in 14 of the 16 recognized religious societies under this provision of the law. To gain recognition as a religious society, religious groups not recognized prior to 1998 must have membership equaling 0.2 percent of the country’s population (approximately 17,400 persons) and have existed for 20 years, at least 10 of which must have been as an association and five as a confessional community. The government recognizes Jehovah’s Witnesses and Alevi Muslims as religious societies under these post-1998 criteria. Groups that do not meet these criteria may still apply for religious society status under an exception for groups that have been active internationally for at least 100 years and active as an association in the country for 10 years. Groups sharing a broad faith with an existing society or confessional community, for example Christianity, may register separately as long as they can demonstrate that they have a different theology.
The law allows religious groups not recognized as societies to seek official status as confessional communities with the Office for Religious Affairs in the Federal Chancellery. The government recognizes nine confessional communities: the Baha’i Faith; Movement for Religious Renewal-Community of Christians; Pentecostal Community of God; Seventh-day Adventists; Hindu Community; Islamic-Shiite Community; Old-Alevi Community in Austria; Unification Church; and United Pentecostal Community of Austria.
A recognized confessional community has the juridical standing needed to engage in such activities as purchasing real estate in its own name and contracting for goods and services, but it is not eligible for the financial and educational benefits available to recognized religious societies. Contributions to confessional communities’ charitable activities are tax deductible for those who make them, but the communities are not exempt from property taxes. Confessional communities may provide pastoral care in prisons and hospitals.
To gain government recognition as a confessional community, a group must have at least 300 members and submit to the Office for Religious Affairs its statutes describing the goals, rights, and obligations of members, as well as membership regulations, a list of officials, and financing information. A group must also submit a written description of its religious doctrine, which must differ from that of any previously recognized religious society or religious confessional community. The Office for Religious Affairs determines whether the group’s basic beliefs are consistent with public security, order, health, and morals, and with the rights and freedoms of citizens. A religious group seeking to obtain confessional community status is subject to a six-month waiting period from the time of application to the chancellery. After this period, groups that have applied automatically receive the status unless the government issues a decree rejecting the application.
Religious groups not qualifying for either religious society or confessional community status may apply to become legal associations, a status applicable to a broad range of civil groups. Some groups organize as associations while waiting for the government to recognize them as confessional communities.
The Church of Scientology and a number of smaller religious groups, such as Sahaja Yoga and the International Society for Krishna Consciousness, have association status.
According to the law, any group of more than two persons pursuing a nonprofit goal qualifies to organize as an association. Groups may apply to the Ministry of Interior to gain such status. To become an association, a group must submit a written statement citing its common, nonprofit goal and commitment to function as a nonprofit organization. Associations have juridical standing, the right to function in public, and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services. Associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.
Pursuant to the law governing relations between the government and the Roman Catholic Church, the Church is the only religious group to receive government funding for pastoral care it provides in prisons. The law also makes various Catholic holidays official national holidays.
The law governing relations between the government and the IGGIO and Alevi Muslim groups stipulates that funding for the day-to-day operations of mosques must be derived from domestic sources, Islamic teachings and practices must not violate federal law (the Office for Religious Affairs in the Federal Chancellery makes this determination), and Islamic institutions should “take a positive stance” toward the state and society. According to the Office for Religious Affairs, there are similar restrictions on foreign funding for other religious groups, and religious groups generally are obliged to finance themselves from domestic sources. The law provides an explicit legal definition of, and legal protection for, Islamic practices, such as circumcision and preparation of food in conformity with religious rules, and states Muslims may raise children and youth in accordance with Islamic traditions. Muslim groups with at least 300 members and a theology not distinct from a pre-existing Islamic religious society or confessional community are considered cultural communities and fall under the umbrella of the pre-existing, legally recognized Islamic religious society or confessional community. This includes the IGGIO and the Alevi Community in Austria, which are both religious societies, or the Islamic-Shiite Community and the Old-Alevi Faith Community in Austria, both of which have confessional community status. The law allows for Islamic theological university studies, which the University of Vienna offers.
Separate laws govern relations between the government and each of the other 14 state-recognized religious societies. The laws have similar intent but vary in some details, given they were enacted at different times over a span of approximately 140 years.
The law bans full-face coverings in public places as a “violation of Austrian values,” with exceptions made only for artistic, cultural, or traditional events, in sports, or for health or professional reasons. Failure to comply with the law is an administrative violation. The law prescribes a 150-euro ($170) fine but does not entitle police to remove the face covering.
In May parliament enacted a ban on headscarves and other head coverings for children in elementary schools. The ban exempts kippas and Sikh patkas. According to annexes explaining the law, some federal states impose fines of up to 440 euros ($490) on the parents of those that violate the ban.
The government funds, on a proportional basis, religious instruction for any of the 16 officially recognized religious societies by clergy or instructors provided by those groups for children in public schools and government-accredited private schools. The government does not offer such funding to other religious groups. A minimum of three children is required to form a class. Attendance in religion classes is mandatory for all students unless they formally withdraw at the beginning of the school year; students under the age of 14 require parental permission to withdraw from religion classes. Religious instruction takes place either in the school or at sites organized by religious groups. Some schools offer ethics classes for students not attending religious instruction. Religious education and ethics classes include the tenets of different religious groups as comparative religious education.
The curriculum for both public and private schools includes compulsory antibias and tolerance education, including religious tolerance, as part of civics education across various subjects, including history and German-language instruction.
Holocaust education is part of history instruction and appears in other subjects such as civics.
The Equal Rights Agency, an independent agency falling under the jurisdiction of the women’s ministry, oversees discrimination cases, including those based on religion. The agency provides legal counseling and mediation services, and it assists with bringing cases before the Equal Treatment Commission, another independent government agency. In cases where it finds discrimination, the commission makes a recommendation for corrective action. In a case of noncompliance with the recommendation, the case goes to court. The commission may issue expert reports for plaintiffs to present before the court. Only a court may order corrective action and compensation.
The law bans neo-Nazi activity and prohibits public denial, belittlement, approval, or justification “of the National Socialist genocide” or other Nazi crimes against humanity in print, broadcast, or other media.
In March an amendment expanding a ban on certain symbols the government considered extremist entered into force. Among the newly banned symbols are those pertaining to the Muslim Brotherhood and the PKK.
Foreign religious workers of groups recognized as confessional communities or associations must apply for a general immigrant visa that is not employment or family based and is subject to a quota. The government requires a visa for visitors from non-visa waiver countries or individuals who would stay beyond 90 days, including religious workers of confessional communities or associations. Foreign religious workers belonging to religious societies also require immigrant visas but are exempt from the quota system. Religious workers from Schengen or European Union member countries are exempt from all visa requirements.
The country is a party to the International Covenant on Civil and Political Rights.
Members of the then-ruling People’s Party (OeVP)-FPOe government coalition defended the ban on religious headscarves in elementary schools. OeVP Member of Parliament (MP) Rudolf Taschner stated the measure was needed to protect girls from subjugation. FPOe education spokesperson Wendelin Moelzer said the law “was a signal against political Islam.” NGOs criticized the ban, which exempts kippas and Sikh patkas, as singling out the Islamic community. The IGGIO, calling the law “shameless” and a “direct assault on the religious freedom of Austrian Muslims,” announced in May it would file a complaint with the Constitutional Court. By year’s end, it had not done so. In September during the campaign for parliamentary elections, the OeVP called for expanding the ban to middle school students and teachers. At year’s end, parliament had not taken up the proposal to expand the ban.
Scientologists and representatives of the Unification Church continued to state the Federal Office of Sect Issues and other government-associated entities fostered discrimination against religious groups not registered as religious societies or confessional communities. The office offered advice to persons with questions about groups that it considered “sects” and “cults,” including the Scientologists and members of the Unification Church. The office was nominally independent but government-funded, and the minister for women, family, and youth appointed and oversaw its head.
A counseling center in Vienna managed by the Society Against Sect and Cult Dangers, an NGO that described itself as an organization working against harm caused by “destructive cults” such as Scientology, continued to distribute information to schools and the general public and provide counseling for former members of such groups. According to the website of the society’s founder, Friedrich Griess, the society received funding from the government of Lower Austria. The city of Vienna government ceased to provide funding to the society. All provinces funded family and youth counseling offices that provided information on “sects and cults,” which members of some minority religious groups, such as Scientologists or the Unification Church, stated were biased against them.
Prior to its collapse in May, the OeVP-FPOe government did not draft a law making “political Islam” an illegal activity as FPOe Deputy Leader Johan Gudenus announced in 2018 that it would do.
In September parliament passed a nonbinding resolution calling for review and, if necessary, dissolution of “Islamist” organizations that violated criminal law.
The interior ministry did not release statistics on violations of the face covering ban. In response to a parliamentary inquiry, the ministry stated there were 96 cases in 2018. Authorities only filed charges when persons failed to pay fines immediately, making the total number of cases more than the 96 reported. According to press reports, police issued fines for violations of the ban in 364 cases in the town of Zell am See between January and September 2019, almost all of which involved tourists. Vienna police said they considered violations of the ban a minor offense and had not kept statistics on the number of fines it issued since 2017.
According to the press, at year’s end, school boards had reported eight cases of girls violating the headscarf ban. In all eight cases, authorities waived the penalties after parents agreed to remove the headscarf while their child was in school. The Ministry of Education said the number of cases may have exceeded eight as it had received additional reports of cases reported to the ministry’s ombudsman for values and cultural conflict.
The government continued to allow headwear for religious purposes in official identification documents, provided the face remained sufficiently visible to allow for identification of the wearer.
In December a former intern of the Linz Regional Court filed a lawsuit with the Federal Administrative Court because the Linz court barred her from wearing a headscarf during official proceedings at the court during her internship there in 2018. The president of the Linz Regional Court issued an instruction prohibiting the intern from sitting at the judge’s bench while wearing a headscarf, stating the clothing did not meet the requirements of a representative of the state and the judicial system. The intern refused to remove her headscarf and the court mandated that she remain in the public gallery during proceedings. The Federal Administrative Court dismissed the lawsuit without ruling on whether the Linz court’s instruction was discriminatory, as the plaintiff had already completed her internship when she filed her suit.
In June parliament approved a nonbinding resolution calling for the government to close the Saudi-Arabian-funded King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue after frequent criticism of Saudi Arabia’s human rights record. According to the Austrian edition of the online English-language newspaper The Local, the foreign ministry said it would implement parliament’s decision to close the center, but at year’s end the center remained open.
In September the Vienna Administrative Court ruled the Iranian embassy could not operate a mosque in an area in Vienna’s 21st district which, according to zoning laws, is an industrial zone. The Iranian embassy did not appeal the ruling.
In October police arrested a German couple in Lower Austria on murder charges after their 13-year-old daughter died in September of a pancreatic inflammation. The parents, members of the Church of God, had rejected, for religious reasons, any medical treatment that would have kept their daughter alive. There was no further information on the case at year’s end.
According to media, the Federal Office for Foreigner Affairs and Asylum (BFA) continued to refuse to issue or renew residence permits for foreign imams financed by foreign sources. The BFA rejected the permits or the renewals on the grounds that since the law forbids foreign funding of religious groups, it considered that imams receiving foreign funding had no income and were therefore ineligible for a residence permit. According to the Turkish Islamic Union for Cultural and Social Cooperation (ATIB), an association of mosques under the authority of the Turkish Ministry of Religious Affairs, as of late 2018, there were 38 cases of foreign imams whose immigration status was pending with the BFA.
In March the Constitutional Court dismissed a suit by two Turkish imams employed by ATIB, whom the government expelled in April 2018, under the 2015 Islam law that bars Muslim religious groups from receiving foreign funding. The Administrative Court had already dismissed the imams’ complaint against the initial deportation ruling in 2018. The Constitutional Court suit was filed with the assistance of ATIB and alleged the ban infringed on religious freedom and was discriminatory, stating the government only applied it to Islam. The court ruled that protecting the independence of religious groups from foreign states was a matter of public interest. The court also ruled, however, that the ban applied to funding from foreign states, not to foreign private donors. The Constitutional Court referred the case back to the Administrative Court to determine if any other rights of the imams were infringed and a decision remained pending. Then-chancellor Sebastian Kurz said he felt “vindicated” by the court’s decision and called the law a model for other European countries.
In February parliament voted to eliminate Good Friday as a public holiday. The change followed a ruling by the European Court of Justice that granting employees belonging to certain religious groups paid leave for religious holidays constituted religious discrimination and the country should amend the law. According to press reports, parliament’s revocation of the holiday generated protests among Protestant groups in the country. Then-bishop Michael Buenker of the Protestant Churches (Augsburg and Helvetic Confessions) reportedly called the change an “intervention in Protestants’ freedom of religious practice.”
The IGGIO protested against a January change in the title of courses on Islam in school report cards to “IGGIO” instead of “Islam.” In June the education ministry changed the title back to “Islam,” with an addition referring to the IGGIO, Shia, or Alevi orientation.
The international NGO Anti-Defamation League (ADL) continued to conduct teacher-training seminars on Holocaust awareness with schools in the country, reaching approximately 100 teachers. In addition, provincial school councils and the education ministry invited Holocaust survivors to talk to school classes about National Socialism and the Holocaust.
In October the European Court of Human Rights (ECHR) ruled the government failed to protect Holocaust survivor Aba Lewit against defamation. Lewit had appealed to the ECHR after national courts failed to convict the magazine Aula for publishing an article in 2015 stating that prisoners at the Nazi Mauthausen concentration camp had been a plague for the region around the camp after its liberation in 1945. In December 2018, according to the Mauthausen Committee, the NGO SOS Mitmensch filed a complaint of 300 pages against Martin Pfeiffer, FPOe Deputy District Chairman in Graz-St. Leonhard, for his role as editor-in-chief of Aula, which the complaint said “had been systematically used for National Socialist reactivation” for 10 years. The magazine had already ceased publication in June 2018, and FPOe Chair Norbert Hofer stated party members involved in the magazine risked expulsion from the party. Pfeiffer left the FPOe and relaunched the magazine under a new name, Neue Aula, in October, but discontinued publication after one issue because of what he said were financial reasons.
Following the collapse of the OeVP-FPOe government in May, Jewish community members advocated against participation of the FPOe in another coalition government. Vice President of the European Jewish Congress and former IKG Vienna President Ariel Muzicant continued to state – for example, during a television interview in May and in a newspaper opinion piece in September – the FPOe was involved in anti-Semitic incidents. IKG President Oskar Deutsch also criticized what he called the FPOe’s failure to deal with anti-Semitism in the party in a television interview in November.
Prior to the collapse of the OeVP-FPOe government, Jewish community leaders stated there had been 51 anti-Semitic incidents attributable to FPOe members or at FPOe-affiliated events since the FPOe had entered the government and said they would not have any contacts with FPOe ministers until those incidents ceased.
In August the Mauthausen Committee published another report citing what it classified as rightwing incidents involving FPOe politicians, many of which it said were religiously motivated, primarily anti-Semitic. According to the report, these activities had increased significantly; it cited 63 incidents in the 13 months ending in July, compared with 106 between the start of 2013 and May 2018. It said the incidents involved persons at all levels of the FPOe and that anti-Semitism by its members, which the party had denied, manifested itself regularly. It stated, “… The FPO[e] shows a close proximity to Nazi ideology” and the worst offenders were party officials in Upper Austria, who accounted for one-third of the 63 most recent incidents.
The committee reported that in February SOS Mitmensch stated FPOe Secretary General Harald Vilimsky had used taxpayers’ money to pay for five full-page advertisements in Info-Direkt, a magazine that it said published anti-Semitic content and that The Documentation Center of Austrian Resistance, a government-supported foundation that documents Nazi crimes, described as “extreme rightwing with a neo-Nazi background.”
The committee also cited a report in May by the news magazine Profil that FPOe ministers in the previous government and party politicians from Upper Austria, led by then-transport minister and later national FPOe Chair Norbert Hofer, had channeled 116,000 euros ($130,000) of taxpayer money for advertisements that included anti-Semitic content in extremist rightwing media such as Info-Direkt and Zur Zeit. Profil said the total payments could be higher, since the FPOe-led city government of Wels had refused to provide any information on the issue.
The committee reported that in April FPOe then-vice chancellor Heinz-Christian Strache and FPOe MP Peter Gerstner had separately reposted on Facebook an anti-Muslim message (it did not describe the message) by neo-Nazi website “Zaronews.” According to the committee, “Zaronews” has called Hitler a “savior” and described the Holocaust as the “biggest lie in the world.”
In March the IGGIO filed incitement charges against then-FPOe vice chancellor Strache. At a book presentation in March, Strache had warned, “In Viennese kindergartens, children are raised to be martyrs with hate sermons.” The Vienna prosecutor’s office dismissed the charges.
Authorities were investigating links between the Identitarian movement, widely described by NGOs as far-right and white nationalist, and the FPOe. The Mauthausen Committee reported the connections between the two were significant, and the press published articles stating there were links between FPOe members and the movement. In August the OeVP said a ban of the movement was a condition for a future coalition, a condition the FPOe rejected. FPOe head Hofer denied any association with the Identitarians, and in August said that banning it would set a precedent of a “moral dictatorship.” Justice Minister Clemens Jabloner told the press in August, “One should not restrict fundamental rights even where it is about deeply unsympathetic groups as the Identitarians.”
The police continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions such as schools and museums. Following an assault at a synagogue in Halle, Germany in October, IKG President Deutsch issued a statement in which he said that security forces protected synagogues in Austria, and he thanked the government for that protection. President Alexander Van der Bellen visited the Vienna synagogue in October after the Halle assault and said that a hard core of anti-Semites also existed in Austria. Deutsch, who received Van der Bellen in the synagogue, commented that rightwing, leftwing, and Islamist groups were causing anti-Semitism, not only in the country, but in Europe generally.
At year’s end, the government had not provided financial support for the restoration of the historic Waehring Jewish cemetery in Vienna. Then-chancellor Kurz had announced his government’s intention to provide the support during a visit to the cemetery in 2018.
In October FPOe Chairman Norbert Hofer announced the completion of a report prepared by a commission of historians the party commissioned in 2017 to examine the party’s past connection to National Socialism. In December the party released the final report, which included chapters on allegations of anti-Semitism, the party’s relationship with Israel and Islam, and efforts to overcome its Nazi past, among others. A chapter authored by a history professor from the Hebrew University of Jerusalem concluded that, despite the party’s deep historical association with National Socialism, it had made efforts to distance itself from that past. The summary at the end of the report noted active supporters and sympathizers of national socialism “could be found in great numbers in the other parties,” and, “The history of the FPOe should be remembered as a democratic party and important contributor to the success” of the postwar republic. The report drew criticism from independent historians such as Oliver Rathkolb, who challenged its academic substance and denied that the party’s true aim had been a substantive self-critical analysis.
In May Vienna Mayor Michael Ludwig and other political representatives, as well as the papal nuncio, attended an IGGIO-hosted iftar. Ludwig also hosted a separate iftar. Ludwig condemned racism and discrimination and said such acts against persons because of their religion worried him. He called on citizens and the Muslim community to make mutual efforts to live together peacefully. IGGIO President Umit Vural thanked the mayor for hosting the iftar and said Muslims were experiencing difficult times in the country and thus needed political support when the number of incidents against them was increasing. Speaking about the parliamentary debate then taking place on banning headscarves for primary school students, Vural said politics should not decide people’s apparel.
The government is a member of the International Holocaust Remembrance Alliance.