Press reports regarding the ten years (11 July 2008) as a state-registered religious community and the granting of legal recognition as a religious society:
Witnesses of the Upheaval (by Brigitte Schinkele)
For many years, Jehovah’s Witnesses have been trying to obtain the status of a legally recognised religious society in Austria. Until now, they have only been recognised as a “state-registered religious community.” However, on 31 July 2008, the Witnesses won a victory at the European Court of Human Rights in Strasbourg. The Court identified violations of freedom of religion, of the prohibition of discrimination, and of the right to a fair trial. This judgment clarified that issues related to the appropriate classification of religious groups within the state’s legal sphere pose a central challenge for the religiously and ideologically neutral state. […]
The judgment, which affects Jehovah’s Witnesses, is now fundamentally significant for other religious communities, or rather, for Austrian religious law. On the one hand, there is a need for the legislature to act. This certainly applies to the “waiting period”. However, this must also be assumed with regard to the excessively high number of members required – which did not have to be examined in the current proceedings, since this implies an adverse outcome for almost all religious communities from the outset, thus excluding them from numerous legal advantages. Furthermore, the Federal Constitutional Court and the Supreme Administrative Court will have to reconsider their previous case law on the different treatment experienced by legally recognised and state-registered religious groups. Against this background, after the ten-year “waiting period” – Jehovah’s Witnesses have been a registered religious community since 1998 – the decision from the Office of Religious Affairs on legal recognition is due on January 2009. This is the only one of the eleven registered religious communities to date for whom the required number of members has even been considered. It can now be discussed whether the public-law status is adequate for the identity of Jehovah’s Witnesses. However, as long as the right of churches to self-determination, which is a result of freedom of religion, is only granted to religious communities to a limited extent and they are discriminated against in numerous areas when compared to legally recognised churches and religious societies, the denial of recognition must be classified as a violation of freedom of religion. […]
It is expected that the case law of the European Court of Human Rights will map the course for Austrian religious law.
The author teaches at the Department of Legal Philosophy, Law of Religion and Culture, at the University of Vienna. (DIE FURCHE, 21 November 2008)
Church: “There is a need to be careful” […] “Things could be better”, says Gerhard Weber. The consultant for worldview issues for the Diocese of Graz-Seckau is referring to young people’s interest in and support for the Catholic Church. This does not mean that young people are abandoning the Church, however, how [the Church] reacts to new religious movements, sects or occultism is a “question for the Church as a whole”. “We need to give this a lot of thought”, says Weber. […]
However, he does not want non-clerical and non-traditional alternatives to be viewed as serious competition: “Stagnation is discernible there too.” Certain religious groups have established themselves, but are only marginally visible or fail to reach a large public, according to Weber’s analysis. […]
The Catholic Church is observing the development of Jehovah’s Witnesses with interest. Ten years after their recognition as a religious community, they could be upgraded to a state-recognised church. The Office of Religious Affairs will render a decision at the end of the year.
(DIE PRESSE, 4 September 2008)
Fallout from Ruling on Jehovah’s Witnesses: Courts and Politics under Pressure (by Brigitte Schinkele)
Religious freedom: Austria’s condemnation by the European Court of Human Rights has far-reaching consequences. […] The Austrian “right to recognition”, which has been disputed for decades and strongly criticised by scholars, experienced a decisive turning point when the 1998 Act on the Legal Status of Registered Religious Communities (Bekenntnisgemeinschaftengesetz) was introduced. This created a second category of registered religious communities which, unlike the legally recognised churches and religious societies, do not have any status under public law. […] A further aggravating factor was the practice that preceded the 1998 Registered Religious Communities Act – which the Supreme Administrative Court supported until 1997 – of leaving requests for recognition unprocessed for many years or of refusing to grant recognition in the form of a decree, but never issuing a negative decision. In both cases, this blocked any possibility of filing an appeal or complaint against the failure to render a decision. For example, the request of Jehovah’s Witnesses dates back to 1978. […]
The Court identified violations of freedom of religion (Article 9 ECHR), of the prohibition of discrimination (Article 14 ECHR), and of the right to a fair trial (Article 6 ECHR). […]
The implications of the ruling are significant. Firstly, the Federal Constitutional Court and the Supreme Administrative Court will have to reconsider or revise their case law. Secondly, the legislature will have to take action. […]
Against this background, after the ten-year “waiting period”, the decision on the legal recognition of Jehovah’s Witnesses is now pending: the only one of the eleven registered religious communities so far for whom the required number of members has even been considered. It can now be discussed whether the public-law status is adequate for the identity of Jehovah’s Witnesses. However, as long as the right of churches to self-determination, which is a result of freedom of religion, is only granted to religious communities to a limited extent (VfSlg 16.102) and as long as they are discriminated against in numerous areas when compared to legally recognised churches and religious societies, the denial of recognition must be classified as a violation of freedom of religion. […]
Dr Brigitte Schinkele teaches at the Department of Legal Philosophy, Law of Religion and Culture, at the Faculty of Law at the University of Vienna. (DIE PRESSE, 2 September 2008)
Victory for Jehovah‘s Witnesses as Human-Rights Court Condemns Austria
Jehovah’s Witnesses have won a case against Austria at the European Court of Human Rights in Strasbourg. The ruling was clear: By a majority of six to one, the judges ruled that the Austrian authorities violated the freedom of religion enshrined in the European Convention on Human Rights by denying Jehovah’s Witnesses legal status for twenty years. […]
The advantages of being a recognised church include religious education in schools, property-tax exemption and airtime on ORF, but also pastoral services in prisons and hospitals. Zimmermann: “We have not yet considered something like religious education in schools.” He hopes for some “relief when it comes to pastoral work and building churches.” Nikolaus Pelinka, spokesperson for Education Minister Claudia Schmied (SPÖ), did not want to comment on the ruling on Thursday. Pelinka: “We can’t comment at the moment because we haven’t yet received the judgment.”
(DIE PRESSE, 1 August 2008)
Jehovah’s Witnesses: Judgment against Austria
In their quest for legal recognition, Jehovah’s Witnesses have won a legal battle at the European Court of Human Rights in Strasbourg.
(KURIER, 1 August 2008)
Austria Discriminated against Jehovah’s Witnesses
Austria must pay 10,000 euro in damages. It remains to be seen whether the ruling of the Human Rights Court will have any influence on recognition as a religious society. […]
The Office of Religious Affairs is proceeding with caution. “We still have to study the entire judgment carefully, and only then will we see whether it has an influence on legal recognition”, said Oliver Henhapel, Head of the Ministry of Education’s Office of Religious Affairs. He added: “We don’t have a case like this every day. It will take some time before we can assess its scope.”
(SALZBURGER NACHRICHTEN, 1 August 2008)
Austria Discriminated against Jehovah’s Witnesses
The European Court of Human Rights has condemned Austria for discrimination and for violating the freedom of religion. Why? Jehovah’s Witnesses were made to wait twenty years before they were granted legal status by the Austrian authorities. […]
The Court also condemned Austria for discrimination because Jehovah’s Witnesses had been treated differently from other faith communities without sufficient justification.
(WIENER ZEITUNG, 1 August 2008)
Victory for Jehovah‘s Witnesses: Austrian Law Is Discriminatory
Jehovah’s Witnesses are pleased with the legal victory against the Republic of Austria. In a decision published today, the European Court of Human Rights ruled that Austrian religious law violates the European Convention on Human Rights. […]
According to the Court, the applicants’ freedom of religion is violated because there are two categories of faith community in Austria. […]
Johann Zimmermann, spokesperson for Jehovah’s Witnesses in Austria, was pleased: “The judgment is not only of interest to the two applicants, but for many faith communities. Baptists and Hindus, for example, are also not recognised in Austria. Their members are disadvantaged by the law in many respects simply because they belong to churches that are not recognised.”
The European Convention on Human Rights is part of the Austrian Constitution. The legislature is now required to react to the decision and adjust the legal situation.
Austria Condemned for Treatment of Jehovah’s Witnesses
By a clear majority, the judges ruled that the Austrian authorities violated the freedom of religion enshrined in the European Convention on Human Rights by denying legal status to Jehovah’s Witnesses for twenty years.
(DIE PRESSE, 31 July 2008)
Austria: Justice for Jehovah’s Witnesses
Austria must pay the religious society 10,000 euro in damages for its discrimination against Jehovah’s Witnesses. This was the ruling of the European Court of Human Rights in Strasbourg on Thursday.
The government was unable to offer valid reasons for the restrictions placed on Jehovah’s Witnesses in Austria, the judgment explained. For this reason, Austria had violated the freedom of opinion and religion laid down in Article 9 of the European Convention on Human Rights.
(FRANKFURTER RUNDSCHAU, 31 July 2008)
Court of Human Rights Condemns Austria for Treatment of Jehovah’s Witnesses
In their bid for legal recognition, Jehovah’s Witnesses have won a legal battle at the European Court of Human Rights in Strasbourg. By a majority of six to one, the judges ruled that the Austrian authorities violated the freedom of religion enshrined in the European Convention on Human Rights by denying legal status to Jehovah’s Witnesses for twenty years. […]
The spokesperson for Jehovah’s Witnesses in Austria, Johann Zimmermann, called the Court’s decision “an important step”. Jehovah’s Witnesses are recognised in Germany, Italy and Hungary. Only Austria still denies them this status. “The judgment is not only of interest to the two applicants, but for many faith communities. Baptists and Hindus, for example, are also not recognised in Austria. Their members are disadvantaged by the law in many respects simply because they belong to non-recognised churches”, explained Zimmermann. The Austrian legislature is now required to amend the legal situation.
(RELIGION.ORF.AT, 31 July 2008)
Austria Condemned Because of Jehovah’s Witnesses
In their bid for legal recognition, Jehovah’s Witnesses have won a legal battle at the European Court of Human Rights in Strasbourg. […]
Austria was also found to have violated the prohibition against discrimination, as the applicants had been treated differently from other faith communities. Jehovah’s Witnesses had applied for recognition as an officially recognised religious society in 1978. […]
The Strasbourg judges unanimously ruled that Austria had also violated the right to a fair trial when it came to the request for recognition as a religious society. The only criticism made by Jehovah’s Witnesses that the Court of Human Rights rejected was the lack of opportunities to appeal.
(SALZBURGER NACHRICHTEN, 31 July 2008)
Churches: Reservations about Legal Recognition
Jehovah’s Witnesses want to be officially recognised as a religious society. From a democratic standpoint, the Catholic and Protestant churches consider this worthy of support. However, when it comes to details, the reactions are more critical. […]
Critical Attitude towards Matters of State
Franz Schönberger, Sect Commissioner for the Diocese of Feldkirch, says that he does not quite understand the push for state recognition, since Jehovah’s Witnesses are very critical of some state-related issues, such as military service and elections. Nevertheless, Schönberger said he expects Jehovah’s Witnesses to be officially recognised as a religious society. […]
“A Completely Different Clientele”
Protestant Minister Wolfgang Olschbaur also expects Jehovah’s Witnesses to receive legal recognition. However, this must be viewed purely as a governmental decision, not a theological one. He does not see the Jehovah’s Witnesses as competition, even if they were to receive recognition. They target a completely different clientele, according to Olschbaur. […]
Rejection of Blood Transfusions
Jehovah’s Witnesses are repeatedly criticised for their strict rejection of blood transfusions. However, Winkler does not see this as a threat to official recognition: “This is no longer an issue because there have been alternatives to blood transfusions for many years and we use them.”
(VORARLBERG.ORF.AT, 23 July 2008)
Jehovah’s Witnesses: Soon to be a real church? […] “The status of a religious community does not work for us as a large religious denomination”, says Johann Zimmermann, spokesperson for Jehovah’s Witnesses. Recognition would make them a corporation under public law, which would better correspond to the actual status. He says the associated privileges are secondary. For example, they would not avail of the chance to conduct religious education in schools. “Religious education takes place in the family and at our meetings”, explains Zimmermann. They would also not pursue the option of collecting a church tax. They finance themselves exclusively through donations – that are given anonymously and voluntarily. […]
The Office of Religious Affairs now has six months to examine the request for state recognition. It will address one point in detail: Jehovah’s Witnesses refuse blood transfusions – this has sometimes led to problems, particularly with minor children. However, according to religious law expert Richard Potz, this problem is now under control and, in such cases, partial custody of the children is transferred to the hospital. In any case, the decision of the Office of Religious Affairs should not be guided by reports from individual cases: “The rule of law must be upheld”, says Potz.
(DIE PRESSE, 18 July 2008)
Jehovah’s Witnesses about to be recognised as a church. The ten-year observation period is over. Now the Office of Religious Affairs shall decide whether Jehovah’s Witnesses will become the fourteenth recognised church. This move would give considerable benefits to the faith group. […]
The members of the faith community, which constitutes the fifth largest religious community in Austria with 21,000 active members and 13,000 associates according to its own statistics, are convinced that their application will be successful. […]
“The process begins now. The six-month decision period ought to be pretty much exhausted”, said Anton Stifter, employee with the Education Ministry’s Office of Religious Affairs, last Thursday. The advantages of being a recognised church include religious education in schools, property-tax exemption and airtime on ORF, but also pastoral care in prisons and hospitals.
(DIE PRESSE, 14 July 2008)
Will Jehovah’s Witnesses soon be a state-recognised church? The Office of Religious Affairs is expected to decide in six months. […]
Jehovah’s Witnesses are a registered religious community under the law of the same name. They are also the only faith group that fulfil the membership criterion (more than two per thousand of the population or 16,000 people) and are now the first to be set for recognition after the observation period. […]
Currently, thirteen churches and religious societies are recognised by the Austrian state. Jehovah’s Witnesses could become the fourteenth.
(TIROLER TAGESZEITUNG, 10 July 2008)
“Jehovah’s Witnesses having the status of a religion does not stop me from being critical.” (Lambert Jaschke) […] For a long time, Jehovah’s Witnesses have had the reputation of being a sect. They have officially been a registered religious community for ten years. This is a criterion for being recognised as a religion. […] There is a good chance that the religious community will become a religion, as Lambert Jaschke knows. He is the Ideological Commissioner for the Diocese of Gurk.
(KÄRNTNER TAGESZEITUNG, 29 April 2008)
“Sect-like denomination”. Jehovah’s Witnesses are holding a convention on current faith issues in Klagenfurt this weekend. For some time now, the procedure to obtain state recognition for Jehovah’s Witnesses has been underway at the Ministry of Education, because they have already been registered as a religious community for ten years.
Many critics speak of strong social pressure being exerted on Jehovah’s Witnesses. One critic, Lambert Jaschke from the Office for Ideological Issues for the Diocese of Klagenfurt says: “It is certainly a sect-like denomination that always appears loaded with conflict.”
(RADIO KÄRNTEN, Mittagsjournal, 27 April 2008)
“We have already lodged a request with the Ministry of Education”, confirms Wolfgang Thurner, spokesperson for Jehovah’s Witnesses in an interview with Salzburger Nachtrichten. The Office of Religious Affairs, which is part of the Ministry of Education, is responsible for the recognition of faith communities. It does not venture to say how long the examination of the request will take. “The authorities have six months in which to decide. If we have to conduct additional enquiries or if objections come from other churches or religious societies, this can delay everything”, explains Oliver Henhapel, spokesperson for the Office of Religious Affairs. […]
What else could stand in the way of recognition? “I don’t know of any reason that should prevent it”, says Stephan Djundja from the Ideological Department of the Archdiocese of Salzburg. State recognition is positive in his view insofar as “Jehovah’s Witnesses would no longer only operate in a small private setting, but officially”. By the way, Jehovah’s Witnesses do not want to avail of the advantages […] of a state-recognised religious society: “We don’t need any religious education in schools. And a church tax would contradict our basic principles”, says Thurner. Then why seek recognition? “Because we are entitled to it. After all, every Austrian has the right to a passport – regardless of whether they use it or not.”
(SALZBURGER NACHRICHTEN, 24 April 2008)
Jehovah’s Witnesses might be recognised as a state religious society in Austria in the near future. There are 1,100 Jehovah’s Witnesses in Vorarlberg. They hope that recognition will improve their public image. […] The final decision lies with the Ministry of Education, but Winkler is confident and expects the recognition to raise the status of Jehovah’s Witnesses. They do not want to be stigmatised as a sect. […]
“Hoping for more willingness to engage in dialogue”. The Catholic Church has great expectations for the state recognition of Jehovah’s Witnesses. Eva-Maria Schmolly-Melk, the Diocese of Feldkirch’s consultant on ideological issues, says she hopes that Jehovah’s Witnesses will then show more willingness to engage in dialogue and abandon their rejection of those who think differently.
(RADIO VORARLBERG, 20 April 2008)
Day after day, the “missionaries of Jehovah’s Witnesses” offer their Bible, The Watchtower. They have been a recognised religious community in Austria for ten years and that trial phase will end on 11 July. According to information available to Tiroler Tageszeitung, preparations for the recognition process are currently underway. The basic requirement is that 0.2 per cent of Austrians are Jehovah’s Witnesses. This number has been reached. […]
What advantages do Jehovah’s Witnesses gain from state recognition? Wolfgang Mischitz from the Department for Ideological Issues in the Diocese of Innsbruck says: “Legal recognition is like a seal of approval that they are not a sect. The members of Jehovah’s Witnesses always reject the fact that they are called a sect, deeming it discriminatory.
The decision to recognise Jehovah’s Witnesses as a state religion is made by the Office of Religious Affairs. Other advantages of recognition are the right to state-sponsored religious education and the collection of church taxes. Jehovah’s Witnesses would be the fourteenth state-recognised religion in Austria.
(TIROLER TAGESZEITUNG, 17 April 2008)