The constitution does not explicitly address religious freedom, but the Charter of Fundamental Rights and Freedoms, a supplementary constitutional document, provides for freedom of religious conviction and the fundamental rights of all, regardless of their faith or religion. It states every individual has the right to change religion or faith; to abstain from religious belief; and to freely practice religion, alone or in community, in private or public, “through worship, teaching, practice, or observance.” The charter defines religious societies, recognizing their freedom to profess their faith publicly or privately and to govern their own affairs, independent of the state. It stipulates conscientious objectors may not be compelled to perform military service and that conditions for religious instruction at state schools shall be set by law. The charter states religious freedom may be limited by law in the event of threats to “public safety and order, health and morals, or the rights and freedoms of others.”
The law states the MOC’s Department of Churches is responsible for religious affairs. Religious groups are not required by law to register with the government and are free to perform religious activities without registering. The law establishes a two-tiered system for religious groups which choose to register with the ministry. The ministry reviews applications for first- and second-tier registration with input from other government bodies such as the Office for Protection of Private Data and outside experts on religious affairs. The law does not establish a deadline for the ministry to decide on a registration application. Applicants denied registration may appeal to the MOC to reconsider its decision and, if denied again, to the courts.
To qualify for the first (lower) tier, a religious group must present at least 300 signatures of adult members permanently residing in the country, a founding document listing the basic tenets of the faith, and a clearly defined structure of fiduciary responsibilities to the Department of Churches. First-tier registration confers limited tax benefits, including exemptions from taxes on interest earned on current account deposits, donations, and members’ contributions. It also establishes annual reporting requirements on activities, balance sheets, and the use of funds.
For second (higher) tier registration, a group must have been registered with the Department of Churches for 10 years, have published annual financial reports throughout the time of its registration, and have membership equal to at least 0.1 percent of the population, or approximately 10,700 persons. The group must provide this number of signatures as proof. Second-tier registration entitles religious groups to government subsidies as well as the tax benefits granted to first-tier groups. The law phases out direct state subsidies to second-tier religious groups over a 17-year period ending in 2029. Additionally, only clergy of registered second-tier religious groups may perform legally recognized marriage ceremonies and serve as chaplains in the military and at prisons. Prisoners who belong to unregistered religious groups or groups with first-tier status may receive visits from their own clergy.
Religious groups registered prior to 2002 received automatic second-tier status without having to fulfill the requirements for second-tier registration. These groups, like other registered groups, must publish financial reports annually.
There are 42 state-registered religious groups, 18 first- and 24 second-tier.
Unregistered religious groups are free to assemble and worship but may not legally own property. Unregistered groups may form civic associations to own and manage their property.
The law authorizes the government to return land or other property that was confiscated during the communist era and is still in the government’s possession to 17 religious groups (the largest of which are the Roman Catholic Church, FJC, Evangelical Church of Czech Brethren, and Hussite Church). The government estimates the total value of property in its possession eligible to be returned at 75 billion crowns ($3.61 billion). The law also sets aside 59 billion crowns ($2.84 billion) in compensation for property – mostly in possession of private persons or entities or local or regional governments – that cannot be returned, payable over a 30-year period ending in 2043. Based on an agreement among the affected religious groups, the law allocates approximately 79 percent of these funds to the Catholic Church and 21 percent to the other 16 groups. The law prescribed a one-year deadline ending in 2013 for religious groups to file restitution claims for confiscated property. The government agency in possession of a property for which a group has filed a restitution claim adjudicates that claim. If the government agency rejects a property claim, the claimant may appeal the decision in court.
The law permits second-tier religious groups to apply through the MOC to teach religion in state schools if there is a demand for such classes. Eleven of the 23 second-tier groups, all of them Christian, have permission to teach religion classes. The teachers are supplied by the religious groups and paid by the state. If a state school does not have enough funds to pay for its religious education teachers, religious groups pay for them. Student attendance at religious classes is optional. According to law, if seven or more students register for a particular religious class at the beginning of the school year, a school must offer that class to those who registered.
The government does not regulate religious instruction in private schools.
The law prohibits speech that incites hatred based on religion. It also limits the denial of communist-era crimes and the Holocaust. Violators may be sentenced to up to three years in prison.
Religious workers who are not from European Economic Area countries or Switzerland must obtain long-term residence and work permits to remain in the country for more than 90 days. There is no special visa category for religious workers. Foreign missionaries and clergy are required to meet the conditions for a standard work permit.
The law designates January 27 as Holocaust Remembrance Day.
The country is a party to the International Covenant on Civil and Political Rights.
In May, the MOC upheld its 2019 denial of an application from Ecclesia Risorum (Church of Laughter) for first-tier status, first submitted in March 2018. The MOC rejected the application on the grounds the group failed to meet the legal definition of a first-tier religious group. The group appealed to court. In June, the MOC registered the Association of Buddhism in the Czech Republic, which had applied for registration in 2019. Also in June, the Religious Society of Slavs applied for registration; the application was pending at year’s end. In August, the ministry stated it rejected a registration application from the Holy Dyad because the group failed to provide required information by an administrative deadline. The group has the option to reapply. A 2017 appeal by the Lions of the Round Table – Order of the Lands of the Czech Crown of an MOC registration rejection remained pending with the Prague Municipal Court. There was no information available on the status of the application.
In March, the Zlin Regional Court found PGJ leader Jaroslav Dobes and member Barbora Plaskova guilty of the rape of six women and acquitted them of a charge of rape of a seventh woman. The pair appealed the verdict, and the case was pending at year’s end. Dobes and Plaskova continued to seek asylum in the Philippines, where they were in immigration detention, and international arrest warrants by Czech authorities for the pair remained outstanding. According to PGJ officials, the group submitted two separate complaints to the European Court of Human Rights in March, regarding the cases against Dobes and Plaskova. The court rejected further examination of Plaskova’s case and was still reviewing Dobes’ at the end of the year.
The PGJ’s 2017 lawsuit against the government’s Office for Personal Data Protection alleging abusive investigation of the group’s registration application and against the MOC’s rejection of its registration application remained pending in the Prague Municipal Court at year’s end. There was no further information available on the case.
According to Human Rights Without Frontiers (HRWF), on February 24, the Zlin Regional Court ruled against restituting 190,000 euros ($233,000) to the Poetrie esoteric yoga school, which was tied to the PGJ. The court seized the funds in 2010 as part of the prosecution against Jaroslav Dobes and Barbara Plaskova. In its most recent ruling, the court stated it dismissed the restitution claim because the funds continued to be important to the criminal proceedings. According to HRWF, PGJ attorney Vit Brozek stated the court’s ruling contravened the criminal code, which requires the return of seized items that are “no longer necessary for further proceedings.” Brozek filed a complaint with the High Court in Olomouc, asking it to annul the lower court’s decision and release the frozen funds to the Poetrie school. In his complaint, Brozek stated the Zlin Regional Court’s conduct “threatens confidence in independent, impartial, professional, and fair decisions of the courts.”
The MOI granted permanent residence to two of 70 Chinese Christians whose applications for asylum on the grounds of religious persecution in China it had denied in 2018. The MOI indicated it would accept similar applications for permanent residence from other Chinese Christians whose asylum applications it had denied. The decision followed the 2019 ruling of the Supreme Administrative Court, which considered five appeals of the MOI’s 2018 denial of the asylum applications and returned them to the MOI for review. The Supreme Administrative Court based its remand of the cases to the MOI on insufficient reasoning by the ministry in evaluating and addressing the applicants’ stated fears of persecution. At year’s end, the MOI was reviewing the remaining 16 applications the courts had remanded to it for further review and said it would review the applications of the other 52 asylum seekers as well. The government had not deported any of the 70 asylum applicants.
The government concluded processing restitution claims religious groups made between 2012 and 2013 for confiscated land and other real and personal property.
In June, the Constitutional Court upheld a 2019 ruling by the Supreme Court and a 2017 ruling by the South Moravian Regional Court in Brno that the Ministry of Labor and Social Affairs and not the Brno Jewish Community was the legal owner of a building in Brno. The community filed a restitution claim in 2013, and the ministry rejected the claim in 2014.
The government provided 17 second-tier religious groups with approximately 3.3 billion crowns ($159 million): 1.1 billion crowns ($53 million) in government subsidies and 2.2 billion crowns ($106 million) as compensation for communal property in private and state hands that would not be returned. Five of the 22 second-tier groups declined all state funding. While accepting the state subsidy, the Baptist Union opted not to accept compensation for unreturned property. In addition, the MOC provided 2.4 million crowns ($116,000) in grants for religiously oriented cultural activities in response to applications from various religious groups.
The government paid the annual allotment of 20 million crowns ($964,000) of the total of 100 million crowns ($4.82 million) earmarked for 2019-2023 as contribution to the Endowment Fund for Holocaust Victims for projects focused on Holocaust remembrance and education, welfare for Holocaust victims, and care for Jewish monuments.
In November, the Kolel Damesek Eliezer Foundation, a U.S. charity, the FJC, and the Hanacky Jerusalem Association met with the municipal council of Prostejov to continue discussions on the plan to restore a former Jewish cemetery in that city that the MOC designated a cultural monument. In 2019, the three parties signed a memorandum on restoration of the cemetery, which was destroyed by the Nazis and later converted into a park.
In January, the municipal council in Prague approved a building permit for the Association for the Renewal of the Marian Column. The group completed construction of the column, with a statue of the Virgin Mary, in the city’s Old Town Square in June. Roman Catholic Cardinal Dominik Duka, Archbishop of Prague, consecrated the statue in August. The original, Baroque-era column was torn down in 1918 shortly after Czechoslovak independence. Critics of the project said the statue was a symbol of Habsburg Empire-enforced Catholicism on the country.
The SPD and its leader, Tomio Okamura, continued to criticize Islam and Muslim migrants. In December, Okamura posted on his party’s website, in reaction to the killing of a teacher in France, that “the horrors of Islam are fully laid bare. SPD promotes a full ban on promotion of hateful Islamic ideology and rejects immigration from Muslim countries.” Also in December, Okamura complained on his Facebook site that his proposed legislation “banning propagation or hateful ideologies, and by that I mean Islam” had been pending in the Chamber of Deputies for two years. In February, Okamura stated in an interview for a prominent magazine that his party “stopped Islam,” asking the journalists to look out the window and tell him if they see “any Islam” or “any Arabs on camels.” In October, Okamura aired video on his YouTube channel of an earlier statement he made on television that “it is fully confirmed that Islam is not compatible with freedom and democracy. There will be either freedom or democracy, or Islam. There is nothing in between.”
In July, the government approved the 2019 Report on Extremism and Hate Crime and the annual Strategy to Combat Extremism for 2020 that outlined specific tasks for various ministries, such as the MOI, Ministry of Justice, Ministry of Education, MOC, and Ministry of Finance, in fighting extremism and hate crimes, including hate crimes against religious groups. Steps the document outlined to reduce incidents included raising public awareness about extremist activities, campaigns to reduce hate speech on the internet, education and prevention programs at schools, specialized training for law enforcement, and assistance to victims.
In January, Foreign Minister Tomas Petricek called for stricter measures against anti-Semitism, particularly on the internet, at the opening of an exhibition honoring victims of the Holocaust. Organized by the Ministry of Foreign Affairs; the exhibition opened in conjunction with International Holocaust Remembrance Day.
On January 27, the Senate, in cooperation with the FJC, again organized a ceremony to honor victims of the Holocaust as part of Holocaust Remembrance Day. Speaker of the Chamber of Deputies Radek Vondracek and Deputy Speaker of the Senate Jiri Oberfalzer delivered remarks and called for religious tolerance.
In April, organizers cancelled the annual march and Culture against Anti-Semitism Festival due to the COVID-19 pandemic. Instead the organizers initiated a public campaign entitled, “We All Are People” and an online event in which Speaker of the Senate Milos Vystrcil, director of the Jewish Museum Oto Pavlat, Member of Parliament Jan Bartosek, member of the Ecumenical Council of Churches Daniel Fajfr, Prague municipal representative Jan Wolf, and others spoke out against hatred and violence based on ethnic and religious grounds. Vystrcil highlighted the importance of societies coming together to face challenges, comparing the fight against coronavirus to the fight against anti-Semitism. Bartosek stated that adverse circumstances, such as coronavirus and the “horrors of World War II and mass deaths in gas chambers” bring people together regardless of religion, race, and political persuasions. Other speakers urged the viewers to remember victims of Nazism and communism and highlighted the importance of remembering the Holocaust. The online event also included the personal testimony of a woman who described friends and family who perished in the Holocaust.
The government provided grants for religiously oriented cultural activities, including the annual Night of Churches held in several cities; the annual National Pilgrimage of St. Wenceslaus (consisting of a march through Prague and masses celebrated in that city and Brandys nad Labem); the annual Concert in Memory of Holocaust Victims; the celebration of the 100th anniversary of the Hussite Church; and Litomysl Days of Baroque Tradition (a festival consisting of liturgical music, masses, and readings). Some of the events, including KRISTFEST (a festival of seminars, workshops, and musical performances on religious themes) and the Archaion Kallos festival of Orthodox music for which the government approved grants were postponed or cancelled due to COVID-19.
According to the FJC, the MOI continued to provide security to the Jewish community and Jewish sites based on a memorandum of cooperation signed in 2016. Police provide enhanced protection of Jewish sites in the country after terrorist attacks in Vienna, Austria, in November.
The country is a member of the International Holocaust Remembrance Alliance.