Freedom of Religion and Religious Tolerance
Annual Report 2006
The Austrian constitution provides for freedom of religion and the government generally respects this right in practice. The relations between the state and religions are mainly governed by the Law on Recognition of Churches and religious Communities (1874) recognized by the state, the Law on the Status of Religious Confessional Communities (1998) and the Law on Associations (2002.)
The 1998 law aggravated the discriminatory character of the pre-existing legislation by creating three categories of religions: legally recognized religious societies (gesetzlich anerkannte Religionsgesellschaft), confessional communities (Bekenntnisgemeinschaft) and associations (Verein). The law also imposed new criteria on religious groups to achieve the highest status: a 20-year period of existence (at least 10 of which must have been as group organized as a religious confessional community) and membership of one-thousandth of the country’s population (approximately 16,000 people), a requirement that effectively excludes all new applicants – except Jehovah’s Witnesses - from the access to the first category. The new and stricter obligations did, however, not affect 9 of the 13 state-recognized religious societies previously registered in the upper category with far less than 16,000 members. In addition, the state recognized the Coptic Orthodox Church with only 1,633 members in 2003, outside the realm of the new regulation normally imposed to new candidates.
In 2005, there were 13 legally recognized religious societies. Four of them had more than 16,000 members. The other nine had a membership ranging from less than 15,000 to about 1,300. Ten religious groups were admitted in the category of confessional communities  on the basis of the new requirements introduced by the 1998 law.
Confessional communities and other religious groups registered as mere associations enjoyed fewer rights than legally recognized religious societies, thereby impairing their member’s ability to fully enjoy their individual and collective rights. As “associations” they were: denied the right to engage in a number of public or quasi-public activities; not eligible to receive state subsidies for the wages and education of their clergy, and for their private schools; denied fiscal advantages; not permitted to teach religion at public schools; subject to a numerical quota for the issue of visas for foreign religious workers to act as ministers, missionaries or teachers; in many cases stigmatized as harmful sects/cults.
A number of non-recognized
religious groups were considered by official bodies as sects, which society
should be warned and protected against. The operation of a Documentation
The NGO Forum against Anti-Semitism reported more than a hundred anti-Semitic incidents in 2005, such as physical attacks (four cases), name-calling, graffiti/defacement, threatening letters and phone calls, anti-Semitic internet postings, and property damage.
Muslims complained about incidents of every-day discrimination and verbal harassment. Positively, the Ministry of Education, Science, and Culture policy document of June 2004 concerning the wearing of the headscarf remained in force: it reminded all schools under its jurisdiction that the wearing of the headscarf was protected by the right to freedom of religion under the Constitution and the ECHR, and stated that any attempt to ban it was unlawful.
 Provided by Human Rights Without Frontiers (HRWF, IHF cooperating organization).
 In 1997,
Jehovah’s Witnesses were denied recognition as a religious society under the
1874 Law. They filed a complaint with the
 Human Rights Without Frontiers, Int., Religionsfreiheit, Intolerany und Diskriminierung in der Europaeschen Union (Oesterreich 2003-2004), p. 32, 2004, at http://www.hrwf.net
 The Roman Catholic Church, the Islamic Religious Community,
the Lutheran and
 The Old Catholic Church, the Austrian Buddhist Religious Association, the Jewish Religious Association, the New Apostolic Church, the Church of Jesus Christ of Latter-day Saints (Mormons), the Armenian Apostolic Church, the Coptic Orthodox Church, the Syrian Orthodox Church and the Methodist Church.
 Groups must
have at least 300 members to qualify for the status of confessional
communities. According to the Ministry of Education and Culture, as of July
2005, thirteen movements had introduced an application: the
 Jehovah’s Witnesses (23,206 members), the Federation of Free Christian and Pentecostal Congregations (7,186 members) and, with a smaller membership, the Federation of Evangelical Congregations, the Church of the Seventh-Day Adventists, the Hindu Religious Society, the Federation of Baptist Congregations, the Christian Movement for Religious Revival, the Baha’i Religious Community, the Mennonite Free Church and the Pentecostal Community of God.
 See, for example, child custody in the case Hoffman v. Austria at the European Court of Human Rights.