By ACS ITALIA – Aid to the Church in Need*
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LATVIA: LEGAL FRAMEWORK ON RELIGIOUS FREEDOM AND EFFECTIVE APPLICATION
In the Preamblethe Constitution of Latvia (Graspsme) defines the country as “a democratic, socially responsible and national state […] based on the rule of law and respect for human dignity and freedom; recognises and protects fundamental human rights and respects ethnic minorities.’ The text goes on to state that Latvia’s identity has also been shaped by ‘Christian values’, and ends with the invocation: ‘God bless Latvia!’
Article 99 of the Latvian Constitution guarantees “freedom of thought, conscience and religion”, as well as the separation of church and state. Limitations on the above rights may be imposed in the case of acts that threaten “public safety, welfare, morals” and the rights of others, but “restrictions may also be imposed on the expression of religious beliefs” (Article 116). Freedom of expression is guaranteed and “censorship is prohibited” (Article 100). The state defines marriage as “the union between a man and a woman”, and protects “the family, parental rights and the rights of the child” (Article 110).
The “Law on Religious Organizations” guarantees and defines the right to religious freedom, which includes the freedom to choose, change, and express one’s religious beliefs (Article 2, paragraph 2). The law recognizes the right of parents and guardians to educate their children in accordance with their religious beliefs (Article 5, paragraph 3). The law also regulates the registration of religious organizations (Article 5). Religious groups are not required by law to register, but registration does provide them with certain rights and privileges. These include the status of a legal person, which allows them to own property (Article 16), conduct financial transactions, and grant tax benefits to donors.
Registered religious groups are allowed to conduct religious activities in hospitals, prisons and military facilities (Article 14, paragraph 5). Subject to the consent of local authorities, these groups may also hold services in public places, such as parks and squares (Article 14, paragraph 3). The eight “traditional” religious groups, recognized by law, are: Lutherans, Catholics, Latvian Orthodox Christians, Old Believers, Baptists, Methodists, Seventh-day Adventists and Jews. These are also the only religious groups represented in the Government Ecclesiastical Council.
To be registered, a religious group must have at least 20 members over the age of 18 registered in the population register (Article 7, paragraph 1). Foreign missionaries may receive a residence permit, hold meetings or proselytize only if invited by local religious groups (Article 14, paragraph 4). Registered organizations must submit annual reports on their activities to the Ministry of Justice (Article 14, paragraph 7).
According to the curriculum approved by the Ministry of Education, Christian religious education may be taught in public schools (Article 6, paragraph 2) by Evangelical Lutheran, Catholic, Orthodox, Old Believer and Baptist teachers, if there are at least ten interested pupils (Article 6, paragraph 3). Religious education of the faiths in question may also be taught in public schools that accept pupils from religious minorities (Article 6, paragraph 4). Religious and ethical education is financed from the state budget (Article 6, paragraph 5).
Incitement to hatred on national, ethnic, racial or religious grounds, as well as enmity, threats or violence, constitutes a criminal offence.
In 2016, the Ministry of Justice proposed a law banning the wearing of full-face Islamic veils and other face coverings in public, and in 2017 the Council of Ministers expressed its support for the law6, but the Human Rights Commission subsequently issued an opinion against the law, which never reached the first reading in Parliament. The slaughters halal e kosher are permitted, after stunning the animal.
Relevant episodes and developments
Latvian authorities did not report any hate crimes to the OSCE ODIHR (Organization for Security and Co-operation in Europe/Office for Democratic Institutions and Human Rights) in 2021 or 2022, and the last hate crime data submitted was from 2016.
According to the 2021 United States Report on International Religious Freedom, there have been incidents of hate speech reported by several independent organizations. These have occurred particularly on social media, with the groups most targeted by attacks being Jews and Muslims.
Following the Russian invasion of Ukraine, in September 2022 the Latvian Parliament (Saeima) passed an amendment to the Law on the Latvian Orthodox Church, which obliges the Orthodox Church to become autocephalous and sever all ties with the Moscow Patriarchate. This change followed statements by Russian Orthodox Church authorities in support of the invasion, in particular those of Patriarch Kirill.12 As of February 2023, none of the other Orthodox Churches had yet recognized the autocephaly of the Latvian Church.
It is a controversial decision, as it was seen by many as state interference in the affairs of the Church and a violation of the separation of Church and state enshrined in law. Since the issue of autocephaly concerns canon law and not state law, some have questioned the validity of the decision. The Moscow Patriarchate has not yet responded to the Latvian authorities’ request to accept autocephaly, but the head of the Moscow Patriarchate’s Department for Dioceses in Neighboring Countries – Metropolitan Pavel – said: “The amendments made on September 8, 2022 by the Saeima of the Republic of Latvia to the Law on the Latvian Orthodox Church and related to its autocephaly were adopted without the consent of the Church, are of an exclusively legal nature and concern only the legal status of the Church in Latvia, which was announced on September 9, 2022 by the press office of the Latvian Orthodox Church.”
The Catholic Church has maintained its activity unchanged and is implementing a plan to complete and publish a translation of the Breviary in the Latvian language. In addition, the Catholic Church has expressed its support for Ukraine since the beginning of the invasion16, organizing many fundraisers and activities often led by the Ukrainian Greek Catholic Church.
The League of Action and Protection published a report on anti-Semitism in Latvia, which showed that 6 percent of 1,000 respondents in Latvia held strong anti-Semitic feelings, while 11 percent said they held moderate anti-Semitic feelings.
Prospects for Religious Freedom
During the reporting period, there were no significant new or increased government restrictions on religious freedom. The recent crisis fueled by the Russian invasion of Ukraine increased tensions and led to state interference in church affairs, which is considered a violation of the separation of church and state guaranteed in the Constitution. Otherwise, the general social situation remains stable and the outlook for the right to religious freedom appears positive.
* Excerpt from: Religious freedom in world, Report 2023
The 2023 Report is the 16th edition of Aid to the Church in Need’s Report on Religious Freedom in the World, which is produced every two years.
It is published in English, French, German, Italian, Portuguese and Spanish