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Collection of Acts Nr. 308/1991 Section
57 from
page 1338 THE ACT on the freedom of religious faith and the position of churches and religious societies Nr. 308 of 4th July 1991 The
Federal Assembly of the Czech and Slovak Federal Republic has passed the
following Act: PART ONE GENERAL
PROVISIONS Article 1 (1)
Everybody has the rigth to manifest freely one´s religion or belief either
alone or pointly with others, privately or public, in workship, teaching,
religious acts or observance. Everybody has the right to change one´s religion
or belief or to be of no religious confession.[1]
(2)
Everybody has the right to spread freely one´s religious faith or conviction or
to be of no religious confession. (3) Nobody
must be forced profess any religion or belief or to be of no religious
confession. (4) For the
purpose of this Act, all who profess any religious faith, are referred to as
the believers. Article 2 (1)
Profession of any religion must not impose limitations on one´s constitutional
rights and freedoms, especially the right of education, the right of choice and
practice of one´s profession and the right of access to information. (2) The
believers have the right to celebrate feasts and rites according to the
requirements of their own religious faith in comliance with general binding
legal regulations.[2] Article 3 The
education of religion of children under 15 years of age in to be decided by
their legal proxies.[3] PART TWO Churches and
Religious societies Article 4 (1) As per
this Act, a church or reiigious society is to be understood as a voluntary
association of persons professing the same religion in an organisation with its
own structure, bodies, intemal regulations and rites. (2)
Churches and religious societies operate on the territory ot the Czech and
Slovak Federal Republic on a registration basis. (3)
Churches and religious societies are legal entities; they can associate with
each other. They can establish communities, orders, societies and similar
communions. (4) The
government recognises only those churches and religious societies that are
registered In cornpliance with this Act. Article 5 (1) The
believers have the right to associate and establish churches and religious
societies, as weIl as the right to join the existing churches and religious
societies and be involved in their Iife, especially by: a) participating in religious ceremonies; b) participating in divine services or other religious rites; c) being educated in the spirit of their religion and/or teach
religion after having met requirements specified in internal regulations of the
respective churches and religious societies and in general binding legal
regulations;[4] d) establishing and maintaining local and international
relations; e) possessing religious literature in any language and
propagating such literature in compliance with the requirements laid down in
general binding legal regulations; f)
joining the clergy or
a holy order and opt for the life in communities, orders and similar
communions. (2)
Churches and religious societies administer their own affairs, in particular
they establish their bodies, appoint their priests, and establish, religious
orders and other church institutions, independently from ot organs ot the
State.1 Article 6 (1) To
fulfill their mission, the churches and religious societies are especiaily
entitled: a) determine freely their religious teaching and rites; b) issue internal regulations provided they are not at variance
with the general binding legal regulations; c) provide spiritual and tangible services; d) teach religion; e) educate and train their own clergy and layman workers in
their own schools or in educational facilities, as well as at theological
universities and divine faculties in keeping with conditions laid down in
general binding legal regulations; 4 f)
organise their
conventions without any notice; [5] g) possess movable and immovable property and have other
property and intellectual rights; h) set up and operate special purpose facilities; i)
have their own press
and publishing houses and printing offices; j)
set up and operate
their own cultural institutions and centres; k)
set up and operate
their own health-care facilities, social care facilities and aiso participate
in the provision of such services in the government run facilities in
compliance with general binding legal regulations; l)
delegate their
representatives abroad and have meetings with the representatives of churches
and religious societies from abroad. (2) The
activities included In Paragraph 1 must not be at variance with the
Constitution, must not pose any threats to the security of the population
and/or public order, health and morality, to the rights and freedoms of the
others and/or the independence and territorial integrity of the country. Article 7 (1) The
persons performing a clerical activity perform this activity upon the
authorisation of the churches and religious societies according to their
internal regulations and general binding legal regulations. [6] (2)
Churches and religious societies review the capabilities of the persons to
perform religious activities and decide about their status accordingly. (3) In
compliance with their internal regulations the churches and religious societies
install the persons who perform clerical activities and the teachers of
religion into their offices or for a specific area. Article 8 The
government recognises the confidentiality duty of persons authorised to perform
clerical activities. Article 9 (1) The
persons authorised to perform clerical activities have the right of entry into
public social care facilities, health-care facilities and children´s homes, as
well as into dwelling facilities of military units, into such places where
either the custody or sentence is served, as well as where protective treatment
and protective training are received. (2) The
churches and religious societies shall agree with those facilities or units the
rules of entry into their premises and the execution of religious acts in them,
if the procedure is not specified in other general binding Iegal regulations. (3) In
those facilities and units everybody has the right to be provided with clerical
services, generally as a matter of a rule, by the clergyman of his own choice,
especialIy in the case of jeopardy of one's life and/or health. Everybody is
also entitled to have on him spiritual and religious literature of his own
choice. PART THREE REGISTRATION
OF CHURCHES AND RELICIOUS SOCIETIES Article 10 (1)
Churches and religious societies are to be registered by the pertinent central
authority of the state administration of the Czech or Slovak Republics, on the
territory of which the church or religious society intends to operate
("registering body"). (2) The
registration application is to be submitted by a preparatory body of the church
or religious society consisting of a minimum of three members of full age. The
application is to be signed by all the members of the preparatory body, stating
their first and family names, birthday codes and domiciles. They are also to
state who of the preparatory body is the mandatary who acts on their behalf. Article 11 The
application for the registration of a church or religious society can be
presented, if it is proved that at least as many persons of full age support it
as laid down in the general binding legal regulations of the Czech and Slovak
Republics. (note of translator: for the Czech Republic it is the Act Nr. 161/1992
on registration of churches and religious societies, for the Slovak Republic it
is the Act Nr. 192/1992 with the same name) Article 12 The
application for the registration includes: a) the name and address of the church or religious society; b) names, family names, addresses, signatures and birthday
codes of the members of the preparatory body; c) a general characteristic of the church or religious society
to be established, its teaching, mission and the territory on which it intends
to operate; d) signatures of persons of full age supporting the church or
religious society in the prescribed number (see Article 11), including their
names, family names, addresses and birthday codes; e) a statement that the church or religious society will fully
respect the Acts and general binding rules, and that it will be tolerant
towards the other churches and/or religious societies and towards persons of no
religious confession. Article 13 (1)
Attached to the application for the registration is to be a basic document of
the church or the religious society to be established (i.e. the Statutes,
Rules, Articles), from which must be obvious the following: a) the name and address of the centre of the church or the
religious society; b) bodies and units, the way how they are to be established and
their authorisation; c) the way how the persons performing cierical activities are
to be installed and removed; d) the basic articles of the faith; e) the principals of economy, including the way how a
Iiquidator is to be appointed for the purpose of property settlement should the
church or religious society cease to exist; f)
the way how the basic
document is to be approved and amended; g) the units that are legal entities, as well as to what extent
and who is authorised to act on their behalf. (2) The
name of the church or religious society must be different from the name of the
legal person which already operates on the territory of the Czech and Slovak
Federal Republic. Article 14 (1) In case
the application for registration does not include aII the data specified in
Articles 12 and 13 of the Act, the registering body shall determine the term
within which such data must be completed, of the duration of minimum one month,
from the date of delivery of the notice by the registering body. (2) The
notice is to be delivered into the hands of the mandatary of the preparatory
body. (3) Should
the applicant not add the details within the given time, the registering body
shall terminate the procedure. Article 15 The
registering body shall examine whether the establishing and operation of the
church or religious society are not at variance with this Act and/or other
Acts, with the safety of the population and of the public order, health and
morality, principles of humanity and tolerance, and/or whether the rights of
other legal persons and population are not threatened. Article 16 (1) When
all the conditions specified in Article 15 of the Act are met, the registering
body decides, that the church or religious society becomes registered. (2) Should
those conditions not be met, the registering body denies the registration. (3) The
decision about registration or its denial are to be delivered to the mandatary
of the preparatory body. Article 17 The
preparatory body can submit to the Supreme Court of the Republic an application
for the review of the decision of a registration denial within 60 days of its
delivery. [7] Article 18 (1)
Registration is also necessary for the changes of the data specified in
Articles 12 an 13 of the Act. The proposal for registration of those changes is
to be presented by the pertinent body of the church or the religious society to
the registering body within 30 days from the day of the approval of their
change by the body of the church or the religious society. (2)
Provisions of the Articles 14 through 17 of the Act are valid for the
registration of changes in the similar way. Article 19 (1) The
registering body keeps records of all the legal persons in compliance with this
Act, including those, which derive their legal status from the churches or the
religious societies, provided they are not subject to any other record keeping
or registration, and specifies its conditions. (2) The
registering body notifies the statistical offices of the Republics of the
establishing of a church or a religious society or its ceasing to exist. Article 20 (1) Should
the church or the religious society act in variance with tis Act or conditions
for registration, the registering body accomplishes a proceedings to abolish
the registration. (2) The
church or the religious society can ask the Supreme Court of the Republic to
review the decision about the registration abolishment. Article 21 The
proceedings as per this Act is to be governed by the general binding legal
regulations on the administrative proceedings, [8]
providing the present Act does not specify otherwise. PART FOUR CLOSING
PROVISIONS Article 22 (1) The
churches or the religious societies that were operating by law or based on the
government approval to the effective date of this Act, are considered to be
registered in compliance with this Act: their list is attached in the Appendix
to this Act, which constitutes an integral part of the Act. (2) Those
churches and religious societies shall give the registering body the details in
accordance with Article 13 of the Act within 6 months from the effective date
of this Áct. Article 23 The Acts of
the National Assemblies (Parliaments) shall specify the registering bodies in
accordance with Article 10, the number of persons professing the religion of
associated with the religious society according to Article 11 of the Act, as
well as the way how the registering bodies shall notify the statistical offices
of the Republics of the establishing and ceasing to exist of a church or a
religious society according to Article 19, Paragraph 2, of the Act. (note of translator: for the Czech Republic
it is the Act Nr. 161/1992 on registration of churches and religious societies,
for the Slovak Republic it is the Act Nr. 192/1992 with the same name) Article 24 Abolished are: 1.
The Act Nr. 217/1949,
by which the State Office for Religious Affairs is established 2.
The Government Ruling
Nr. 228/1949 on the operation and organisation of the State Office for
Religious Affairs, as amended in later provisions. Article 25 This Act becomes effective as of 1st September 1991. Havel, signed in my own hand. Dubèek, signed in my own hand. Èalfa,signed In my own hand. Appendix to Act Nr. 308/1991 The
list of churches and religious societies that operate on the territory of the
Czech Republic (Article 22): 1)
Apostolic Church in
the Czech Republic 2)
Baptist Union 3)
Church of¨the
Seventh-day Adventists 4)
Brethren Church 5)
Czechoslovak Hussite
Church 6)
Church of Jesus
Christ of Later-day Saints 7)
Greek Catholic Church 8)
Roman Catholic Church 9)
Evangelical Church of
Czech Brethren 10) United Methodist Church 11) Federation of Jewish Communities in the Czech Republic 12) Unity od Brethren 13) Open Brethren 14) Religious Society in the Czechoslovak Unitariands 15) New Apostolic Church 16) Orthodox Czechoslovak Church 17) Silesian Evangelical Church of the Augsburg Confession 18) Old Catholic Church in the ÈSFR 19) Slovak Church ofthe Evangelists of Augsburg Confession in
the ÈSFR The
list of churches and religious societies that operate on the territory of the
Slovak Republic (Article 22): 1)
Apostolic Church in
Slovakia 2)
Baptist Union 3)
Church of the
Seventh-day Adventists 4)
Brethren Church in
Slovakia 5)
Czechoslovak Hussite
Church 6)
United Methodist
Church 7)
Open Brethren 8)
Ortrhodox Church 9)
Reformed Christian
Church in Slovakia 10) Greek Catholic Church in Slovakia 11) Roman Catholic Church in Slovakia 12) Slovak Church of the Evangelists of Augsburg Confession in
the ÈSFR 13) Jewish Religious Communities 14) Old Catholic Church in the ÈSFR This Act was published in official Collection of Laws of The
Czech and Slovak Federal Republic of the year 1991 under Nr. 308. Collection
Section was 57. In force entred this Act on 1st of September 1991 [1] Constitutional
Act Nr. 23/1991 instituing the Charter of Fundamental Rights and Freedoms. [2] Labour Code
Nr. 65/1965 as amended in later provisions; Act Nr. 93/1951 on bank holidays,
day of work rest and on memorable and important days as amended in later
provisions. [3] Act Nr.
94/1963 on the family as amended in later provisions. [4] Act Nr.
29/1984 on the system of primary and secondary school (Educational Act) as
amended in later provisions; Act Nr. 172/1990 on universities. [5] Article 4,
Paragraph 1 of the Act Nr. 84/1990 on the Right of Assembly [6] Labour Code
Nr. 65/1965 as amended in later provisions [7] Articles 244
through 250 of Act Nr. 99/1963 on the Civil Court Proceedings as amended in
later provisions. [8] Act Nr.
71/1967 on the administrative proceedings (Administrative Rules) |