INTERNATIONAL RELIGIOUS FREEDOM REPORT 2004
SPAIN
The Constitution provides for freedom of religion, and the Government generally
respects this right in practice. There is no state religion; however, the
Catholic Church enjoys some privileges unavailable to other faiths.
There
was no change in the status of respect for religious freedom during the period
covered by this report, and government policy continued to contribute to the
generally free practice of religion.
The
generally amicable relationships among religions in society contributed to
religious freedom.
The
U.S. Government discusses religious freedom issues with the Government as part
of its overall policy to promote human rights.
Section I. Religious Demography
The
country has a total area of 194,897 square miles, and its population is
approximately 42.7 million.
The
Center for Sociological Investigation (CIS), an autonomous state agency,
collects statistics on religious trends in the society. In December 2003, a CIS
survey reported that 81 percent of citizens consider themselves Catholic;
however, 42 percent stated that they never attend Mass. Among non‑Catholics,
11.6 percent said that they were agnostics, 4.1 percent said that they were
atheists, and approximately 2 percent said that they practiced other religions.
The
Episcopal Conference of Spain (CEE) estimates that there are approximately 37
million Catholics in the country. The Federation of Evangelical Religious
Entities (FEREDE) represents 350,000 Spanish Protestants, but estimates that
there are 800,000 foreign Protestants, mostly European, who reside in the
country at least 6 months of each year. The Federation of Spanish Islamic
Entities (FEERI) estimates that there are close to 1 million Muslims, including
both legal and illegal immigrants. The Ministry of Interior last estimated
(2002) that there are as many as 600,000 persons who had come from predominately
Muslim countries. In March the National Institute of Statistics reported that,
according to surveys taken in January 2003, immigrants from Morocco compose
approximately 21 percent of all legal immigrants; there are 375,767 Moroccans
living in the country legally. In Catalonia the Moroccan population is
126,686. The next highest concentrations of Moroccans immigrants are in Madrid
(56,137), Andalusia (50,047), Valencia (30,078), Murcia (29,648), Balearic
Islands (12,650), Castile La Mancha (12,168), Canary Islands (11,611),
Extremadura (8,371), Aragon (7,025), and Melilla (5,857); there are fewer than
5,000 in other specific areas. However, there may also be as many as 200,000
undocumented Moroccans living in the country. Local sources report that there
are 40-50,000 resident Jews. There are approximately 9,000 practicing Buddhists.
In
May the Register of Religious Entities maintained by the Ministry of Justice
listed 12,017 entities created by the Catholic Church, as well as 1,328 non-Catholic
churches, denominations, and communities in the register, including 1,041
Protestant church entities. Protestant entities include 277 Charismatic
churches, 128 Assemblies of Brothers, 255 Baptist churches, 98 Pentecostal
churches, 37 Presbyterian churches, 1 Evangelical Church of Philadelphia, 10
Church of Christ churches, 1 Salvation Army entity, 18 Anglican churches, 61
interdenominational churches, 35 Churches for Attention to Foreigners, 1 Seventh-day
Adventist church, 3 Reformed Adventist churches, and 120 other evangelical
churches. In addition there are also 9 Orthodox entities, 4 Christian Scientist
entities, 2 entities of Jehovah's Witnesses, 1 entity of the Church of Jesus
Christ of Latter‑day Saints (Mormons), 1 entity of the Unification Church, 10
entities of other Christian confessions, 16 entities of Judaism, 236 entities of
Islam, 11 entities of the Baha'i Faith, 3 entities of Hinduism, 19 entities of
Buddhism, and 2 entities of other confessions.
Section II. Status of Religious Freedom
Legal/Policy
Framework
The
Constitution provides for freedom of religion, and the Government generally
respects this right in practice. The Government at all levels strives to
protect this right in full and does not tolerate its abuse, either by
governmental or private actors. Discrimination on the basis of religious
beliefs is illegal.
Article 16 of the Constitution provides for religious freedom and the freedom of
worship by individuals and groups. It also states, "no faith shall have the
character of a state religion." However, the Government provides certain public
financing benefits to the Catholic Church that have not yet been made available
to other religious entities in practice. These benefits derive from four
accords signed with the Holy See in 1979. They cover economic, religious
education, military, and judicial matters. The Catholic Church receives
financing through voluntary tax contributions and direct payments. Taxpayers
can select a box on their income tax forms to contribute up to 0.5 percent of
their taxes to the Catholic Church. In 2003 taxpayers contributed $127.2
million (135 million euros) to the Catholic Church. In addition to voluntary
taxpayer contributions, the Government provided the Catholic Church an
additional $33.6 million (28 million euros). This sum did not include state
funding for religion teachers in public schools, military and hospital chaplains,
and other indirect assistance.
Representatives of Protestant, Jewish, and Islamic faiths signed bilateral
agreements with the Government in 1992. Protestant entities signed the accord
as the Federation of Evangelical Entities of Spain (FEREDE), Jewish entities
signed as the Federation of Israelite Communities of Spain (FCIE), and Islamic
entities signed as the Islamic Commission of Spain (CIE). The CIE is composed
of two federations: the FEERI, the Federation of Spanish Islamic Entities, and
the UCIDE, the Union of Islamic Communities in Spain. In April 2003, the
Government expanded the concept of "well-known deeply-rooted" beliefs (notorio
arragio) to allow other religious groups, such as Jehovah's Witnesses and
Mormons, to sign bilateral agreements. As of the end of the reporting period,
neither Jehovah's Witnesses nor Mormons had begun negotiations with the
Government.
National religious holidays include Epiphany (January 6), Holy Thursday and Good
Friday, Assumption (August 15), All Saints Day (November 1), Immaculate
Conception (December 8), and Christmas (December 25); some communities celebrate
local religious holidays. National religious holidays do not have a negative
effect on other religious groups. In the 1992 cooperation accords with the
Federation of Israelite Communities of Spain (FCIE) and Islamic Commission of
Spain (CIE), the Government agreed to recognize Jewish and Muslim holidays. The
1992 accord with FEREDE accommodates Protestants entities, such as the Seventh-day
Adventists, that celebrate Saturday as the Sabbath, by giving them Friday
afternoon off from work with pay.
The
Law of Religious Freedom of 1980 implements the constitutional provision for
freedom of religion. The 1980 law establishes a legal regime and certain
privileges for religious organizations. To enjoy the benefits of this regime,
religious organizations must be entered in the Register of Religious Entities
maintained by the Office of Religious Affairs of the Ministry of Justice, which
is updated regularly. To register with the Ministry of Justice, religious
groups must submit documentation supporting their claim to be religions. If a
group's application is rejected, it may appeal the decision to the courts. If
it is judged not to be a religion, it may be included on a Register of
Associations maintained by the Ministry of Interior. Inclusion on the Register
of Associations grants legal status as authorized by the law regulating the
right of association. Religions not officially recognized, such as the Church
of Scientology, are treated as cultural associations. Following the court
decisions of 2001 and 2002, the Church of Scientology continued to seek official
status.
The
first section of the Register of Religious Entities, called the "special section,"
contains a list of religious entities created by the Catholic Church and a list
of non‑Catholic churches, denominations, and communities that have an agreement
on cooperation with the State. Catholic dioceses and parishes are not required
to register to gain benefits under the 1980 law. However, Catholic monasteries,
religious communities, associations, and foundations may voluntarily register to
participate in the legal regime.
Leaders of the Protestant, Muslim, and Jewish communities report that they are
discussing the issue of expanded tax benefits and public funding, the opening of
new places of worship, and the quality of religious education with the Office of
Religious Affairs in the Ministry of Justice; in particular they are seeking
public financing comparable to that enjoyed by the Catholic Church. All
religious minority groups have asked the Government to revise the national
income tax form to allow taxpayers the option to donate a percentage of their
taxes to non-Catholic entities. As of the end of the reporting period,
these negotiations were ongoing. In general the Government places no legal
restrictions on opening new places of worship; however, representatives of
minority religious groups sometimes have difficulty opening places of worship,
most frequently because of resistance from neighborhood groups. Muslim and
Protestant leaders also have called for the Government to provide more support
for public religious education in their respective faiths. The CIE has proposed
that it submit names of teachers of the Islamic faith for the Ministry of
Justice to consider employing in secondary schools to teach the Islamic
component of religious studies. The FEREDE also is pressing for more non-Catholic
teachers in religious studies courses.
Public schools offer general courses in religious education covering Catholicism,
Islam, Protestantism, and Judaic themes. These courses are not mandatory.
There are religious schools for Catholic, Protestant, Muslim, and Jewish
students.
Restrictions on Freedom of Religion
Government policy and practice contributed to the generally free practice of
religion.
The
Islamic Federation (FEERI) reported that the building permit process for new
mosque construction can be difficult and lengthy, especially for building sites
in central urban locations. According to FEERI, new mosque construction
sometimes is forced into less-visible suburban areas, primarily due to
resistance from neighborhood groups. However, in 2003 the construction of a
large and prominent mosque was completed in Granada. FEERI reported that female
Muslim students who wear headscarves have not encountered problems with school
dress codes. The Government has consistently held that the right of education
takes priority over the enforcement of clothing regulations.
The
Government funds Catholic chaplains for the military, prisons, and hospitals.
The 1992 bilateral agreements recognize the right of Protestant and Muslim
members of the armed forces to have access to religious services, subject to the
needs of the service and authorization by their superiors. According to the
agreements, such services are to be provided by ministers and imams approved by
the religious federations and authorized by the military command. However,
Protestant and Muslim leaders continue to report that there are no military
regulations to implement the 1992 agreements. Muslim leaders report that prison
officials generally provide access for imams to visit Muslim prisoners, but
officials have not granted permission for imams to hold religious services on
prison grounds.
There
were no reports of religious prisoners or detainees.
Forced
Religious Conversion
There
were no reports of forced religious conversion, including of minor U.S. citizens
who had been abducted or illegally removed from the United States, or of the
refusal to allow such citizens to be returned to the United States.
Abuses by Terrorist
Organizations
There
were no reported abuses targeted at specific religions by terrorist
organizations during the period covered by this report.
Section III. Societal Attitudes
The
generally amicable relationships among religions in society contributed to
religious freedom. The growth of the country's immigrant population has at
times led to social friction, which in isolated instances has had a religious
component. Many citizens blame recent Moroccan immigrants for increased crime
rates in the country. These beliefs sometimes result in anti-Muslim sentiment.
There was no documented increase in violence toward Muslims following the March
11 terrorist train bombings in Madrid. Muslim leaders were concerned that media
reports appeared to link the Islamic religion to the terrorist attacks. They
also expressed concern over discrimination in housing and employment.
In
May 2002, arsonists burned an evangelical church in the town of Arganda del Rey,
in the Madrid Autonomous Community. The church, whose congregation was
predominantly Romanian, previously had been vandalized with anti-immigrant
graffiti. Police arrested four youths who, according to the local mayor, were
associated with an ultra-right group. The four youth were not brought to trial
and were later released. During the period of this report, the church was
subjected to occasional attacks by unidentified, stone-throwing youth. Police
officials have investigated the incidents, but they have made no arrests.
Two
Jewish synagogues in Barcelona belonging to the Jewish Community of Barcelona
and the Atid Jewish Community were vandalized at various times in recent years
and again in March. The vandalism included anti-Semitic graffiti on the walls
of the synagogue. The groups also reported that local extremist groups
monitored them. The regional government responded by increasing security at the
center.
On
May 27, Catalan police arrested three leaders of a neo-Nazi group called the
Circle of Indo-European Research (CEI). The three CEI members were arrested on
charges of being members in an illicit association that opposed the fundamental
rights and public freedom of citizens within the international community. The
police, as well as Jewish community leaders, believed the leaders were involved
in the March synagogue attacks. One was charged with illicit association; the
police released one of the leaders without bail, another was released with bail,
and the third was released with an order to appear in court in July.
Officials from B'nai B'rith have suggested there was an increasing anti-Semitic
tone in newspaper commentary and political cartoons as well as public displays
of anti-Semitism at major sporting events. They cited the example of a soccer
game held in Madrid following the March 11 train bombings. Some participants at
the game wore swastikas and other Nazi emblems; they also displayed a banner
with an anti-Semitic epithet.
Section IV. U.S. Government Policy
The
U.S. Government discusses religious freedom issues with the Government as part
of its overall policy to promote human rights. Embassy officials also meet with
religious leaders of various denominations.
The
Embassy has facilitated exchanges between U.S. and local religious associations
to foster dialogue and promote religious tolerance.
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