- Why do Jehovah’s Witnesses seek governmental recognition?
In the application filed before the European Court of Human Rights, Jehovah’s Witnesses relied on Article 9, read alone and in conjunction with Article 14, of the European Convention on Human Rights in which they complained that the refusal by the Austrian government to recognize Jehovah’s Witnesses as a religious society relegated them to an inferior position when compared with the status that other religious communities enjoyed. The legal situation Jehovah’s Witnesses faced obligated them to use different associations to carry out their activities. However, the Association Law is not designed for religious communities and thus left open many areas that needed to be regulated.
It is true that the Law on Confessional Communities (BekGG) has granted Jehovah’s Witnesses a “seal of approval.” But with regard to the areas it was actually supposed to regulate, it has not led to any progress. In fact, this designation has led to discrimination, which is not compatible with the character of a pluralistic and democratic society. The rules of the Association Law or the Law on Confessional Communities are not adequate for the fifth-largest religious community in Austria.
Recognition also benefits the government. It is in the best interest of the state to draw as many religious communities as possible into the public area, since this provides transparency for both sides. Jehovah’s Witnesses are an open religion, and therefore they want to act openly, on the legal basis provided for this purpose. It is for this reason that on September 25, 1978, Jehovah’s Witnesses filed an application for recognition as a religious society.
- Why did Jehovah’s Witnesses call on the European Court of Human Rights?
As the European Court of Human Rights observed, there was no justification for a nationally and internationally well-established religious group, such as Jehovah’s Witnesses, to be required to wait some 20 years before being granted legal personality and then another 10 years for their application for recognition as a religious society to be decided. Therefore, because of the decades-long inactivity of the Austrian authorities, this was the only way to counteract the discrimination. This authoritative decision by the Court confirms and supports Jehovah’s Witnesses’ domestic proceedings to obtain the status of a recognized religious society in Austria. In their application before the Court, Jehovah’s Witnesses maintained that the religious law in Austria violates the religious freedom of its citizens. The decision by the Court confirms that there has been interference by the government of Austria in regard to the freedom of religion of Jehovah’s Witnesses, in violation of Article 9 of the Convention on Human Rights.
- What is your opinion on the decision of the ECHR?
The judgment of the Court turns out to be of great importance for the religious freedom in any pluralistic and democratic society. The importance goes beyond Austria, because many European states still have outmoded church law structures and these are in contrast to a modern democratic society.
The Court observes: “Under Austrian law, religious societies enjoy privileged treatment in many areas. (…) This special treatment undoubtedly facilitates a religious society’s pursuance of its religious aims. (…) If a state sets up a framework for conferring legal personality on religious groups to which a specific status is linked, all religious groups which so wish must have a fair opportunity to apply for this status and this criteria established must be applied in a non-discriminatory manner.” (par. 92)
As mentioned previously, according to the Court, the government’s delay hardly appears justified regarding long-standing, international religious groups that have also been established for a long time in the country and therefore are familiar to the competent authorities, as is the case with Jehovah’s Witnesses. (par. 98)
Jehovah’s Witnesses are happy that the Court found such clear words with a substantial majority decision and think that this will set a trend for the development of the religious rights in Europe.
- What do Jehovah’s Witnesses expect from the ruling of the ECHR for their effort to gain recognition?
Jehovah’s Witnesses now await confirmation from the Austrian government that it will abide by this authoritative Court ruling. They believe this clear decision in Strasbourg will motivate the Austrian authorities to deal with their application for recognition in a short time, based on the Court’s observation that Jehovah’s Witnesses have a long-standing international existence as well as a long established history in the country and therefore are familiar to the competent authorities.
As mentioned in the previous press release issued by Jehovah’s Witnesses, in Austria the decision has special impact, as the European Convention on Human Rights is part of the Austrian Constitution. Along with all who value religious freedom, Jehovah’s Witnesses are confident that the legislature will react and will adjust the present legal situation.
