LEGAL FRAMEWORK

A combination of historical and modern constitutional documents, including the 1920 constitution, provides for freedom of “conscience and creed.” The 1867 Basic Law of the State provides for the individual’s freedom of faith and conscience and the right to the public exercise of religion by churches and religious societies. The Treaty of Saint-Germain-en-Laye (1920) provides for the free exercise of religion for all citizens. The European Convention on Human Rights, incorporated into the constitution in 1964, provides for the individual’s right to freedom of thought, conscience, and religion, and also provides this right to churches and religious communities in conjunction with the right of association. Freedom of religion therefore has two aspects: the individual’s right to practice (or not practice) religion individually, and the rights of churches and religious communities as corporate bodies.

The law provides for freedom of religious belief and the rights of all residents to join, participate in, leave, or abstain from association with any religious community. The law stipulates, “Duties incumbent on nationals may not be impeded by religious affiliation.”

Antidiscrimination legislation prohibits discrimination on religious grounds. Citizens have the right to sue the government for constitutional violations of religious freedom.

The law prohibits public incitement to hostile acts against a church group, religious society, or other religious group if the incitement is perceivable by “many people,” which an official government commentary on the law and the courts interpreted as 30 or more individuals. The prohibition also applies specifically in the case of incitement in print, electronic, or other media available to a broad public. The law also prohibits incitement, insult, or contempt against religious groups, if such action violates human dignity.

The Federal Act on the External Legal Relationships of Islamic Religious Societies (as amended in 2021) requires government monitoring of the finances of mosques and Muslim cultural associations, and related financial contributions from foreign state institutions. The law also authorizes the Office for Religious Affairs to request the names of legal representatives and religious functionaries of recognized Islamic religious societies that are public law corporations, and further allows for revocation of their legal status if they fail to comply with the applicable requirements. In addition, such societies and corporations must have received the approval of the Islamic Religious Community (IGGO).

The law divides registered religious groups into two officially recognized categories: legally recognized churches and religious societies (referred to here as “religious societies”) and state-registered religious denominational communities (referred to here as “confessional communities”), with the latter enjoying fewer obligations and privileges. Separately, religious groups not qualifying for either religious society or confessional community status may apply to become associations, a status applicable to a broad range of civil society groups. Some groups organize as associations while waiting for the government to recognize them as confessional communities. Members of religious groups not legally recognized, like any individual, may practice their religion “insofar as this practice is neither unlawful nor offends common decency.”

The country recognizes 16 religious societies: the Catholic Church; the Protestant Churches of the Augsburg and Helvetic Confessions; the Orthodox Church; the Armenian Apostolic Church; the Syrian Orthodox Church; the Coptic Orthodox Church; the Old Catholic Church; the United Methodist Church; The Church of Jesus Christ of Latter-day Saints; the New Apostolic Church; the Free Churches (an umbrella organization for five different religious groups); Jehovah’s Witnesses; the Jewish Religious Society; the Islamic Faith Community (IGGO); the Alevi Society; and the Buddhist Union.

Legal recognition as a religious society requires existence as a denominational group in the country for a period of at least 20 years (of which 10 years must be in organized form and at least five years must be as a confessional community). In addition, the respective religious society must have a membership of at least 0.2 percent of the country’s population according to the latest census. The “public law corporation” status of religious societies allows them to engage in several public or quasi-public activities, such as providing government-funded religious instruction in both public and private schools. The government grants all religious societies tax relief in two main ways: donors do not pay taxes on donations, and the societies receive exemption from property tax for all buildings dedicated to the active practice of religion or administration of such. Religious societies are exempt from a charge, otherwise payable when the state provides security to religious groups, as well as from administrative fees for garbage collection and other municipal services. Additionally, in comparison with other religious groups, the law provides religious societies a higher level of protection for their internal autonomy.

The law governing relations between the government and the Catholic Church makes various Catholic holidays official national holidays.

There are also 11 confessional communities: the Baha’i Religious Community; the Christian Community – Movement for Religious Renewal; the Seventh-day Adventist Church; the United Pentecostal Church; the Hindu Religious Community; the Pentecostal Church of God; the Islamic-Shiite Religious Community; the Old Alevi Community; the Free Alevites; the Family Federation for World Peace and Unification (Unification Church); and the Sikh Faith Community.

To gain government recognition as a confessional community, a group must have at least 300 members and submit to the Office for Religious Affairs, located at the Federal Chancellery, its statutes describing the goals, rights, and obligations of members as well as membership regulations, a list of officials, and financing information. A group must also submit a written description of its religious doctrine, which must differ from that of any previously recognized religious society or confessional community. The Office for Religious Affairs determines whether the group’s basic beliefs are consistent with public security, order, health, and morals and with the rights and freedoms of citizens.

Contributions to the charitable activities of officially recognized confessional communities are tax deductible for those who make them and tax free for the groups receiving them, but the communities are not exempt from property taxes. Confessional communities may provide pastoral care in prisons and hospitals.

All religious societies can request and receive government funding for pastoral care provided in prisons, hospitals, senior homes, and military installations with the amount of funding based on the size of the society’s membership.

The government generally reviews and decides on each application submitted for confessional community status within six months.

Religious societies, confessional communities, and religious associations all have authority to engage in such activities as purchasing real estate in their own name and contracting for goods and services, although confessional communities and religious associations are not eligible for the financial and educational benefits available to religious societies. Associations have legal status, the right to function in public, and many of the same rights as confessional communities. Associations may not offer pastoral care in hospitals or prisons, and contributions are not tax-deductible. Any group of more than two persons pursuing a nonprofit goal, faith-based or otherwise, may apply to the Ministry of Interior to obtain status as an association. Such group must submit a written statement citing its nonprofit goals and commitment to function as a nonprofit organization.

The Church of Scientology and several smaller religious groups, such as Sahaja Yoga and the International Society for Krishna Consciousness, have association status.

Separate laws govern relations between the government and each of the religious societies. The laws have similar intent but vary in some details, since they were enacted at different times over a span of approximately 140 years. The law stipulates that funding for the day-to-day operations of religious places of worship must come from domestic sources. Teachings and practices of religious groups must not violate federal law (compliance is determined by the Office for Religious Affairs). All religious institutions are expected to “take a positive stance” toward the state and society as a condition of their special legal status.

The law provides an explicit legal definition of, and legal protection for, Islamic practices, such as circumcision and preparation of food in conformity with religious rules, and states Muslims may raise children and youth in accordance with Islamic traditions.

The law allows for Islamic theological university studies, which the Universities of Innsbruck and Vienna offer.

As with the Muslim community, a law provides specific protections for Jewish religious practices, including circumcision and ritual animal slaughter.

The law bans full-face coverings in public places for everyone in the country, with exceptions made only for artistic, cultural, or traditional events, in sports, or for health or professional reasons. The objectives of this federal law are “to promote integration by strengthening participation in society and to ensure peaceful coexistence in Austria.” According to the law, integration is regarded as “a process involving society as a whole, the success of which depends on the participation of all people living in Austria and is based on personal interaction.” Failure to comply with the law is an administrative violation. The law prescribes a €150 ($170) fine but does not authorize police to remove a face covering.

The government allows headwear for religious purposes in official identification documents, provided the face remains sufficiently visible to allow identification.

In accordance with a 2020 Constitutional Court ruling that overturned a headscarf ban for children in elementary school, students of all ages may wear headscarves and other head coverings.

The government funds, on a proportional basis, religious instruction for the 16 officially recognized religious societies by clergy or instructors provided by those groups for children in public schools and government-accredited private schools. The government does not offer such funding to other religious groups. A minimum of three children is required to form a class. Attendance in the respective religion classes is mandatory for all students who are members of those religious groups unless they formally withdraw at the beginning of the school year; students younger than age 14 require parental permission to withdraw from religion classes. Religious instruction takes place either in the school or at sites organized by religious groups. Some schools offer ethics classes for students not attending religious instruction. Religious education and ethics classes include the tenets of different faiths in comparative religious education.

Curricula for both public and private schools include compulsory antibias and tolerance education, including religious tolerance, as part of civics education across various subjects, including history and German-language instruction.

Holocaust education is part of history instruction and is also part of other courses such as civics.

The Equal Rights Agency, an independent agency under the jurisdiction of the Federal Minister for Women and Integration, oversees discrimination cases, including those based on religion. The agency provides legal counseling and mediation services, and it assists with bringing cases before the Equal Treatment Commission, another independent government agency. In cases where it finds discrimination, the commission makes a recommendation for corrective action. In a case of noncompliance with the recommendation, the case goes to court. The commission may issue expert reports for plaintiffs to present before the court. Only a court may order corrective action and compensation.

The law bans neo-Nazi activity and prohibits public denial, belittlement, approval, or justification of the Holocaust or other Nazi crimes against humanity in print, broadcast, and other media.

The law on hate speech, including religiously motivated hate speech, requires online platform providers to identify and delete posts that can be classified as hateful or defamatory. The law defines criminal hate speech to include single offenses, cyberbullying, and photographs taken surreptitiously. The law allows individuals subjected to online hate speech to seek redress directly with the relevant communication platform provider, rather than going through civil courts. It mandates that all such providers designate a contact person to whom affected individuals and government authorities can submit complaints and requires platform providers to issue annual reports on how they received and processed hate speech complaints. Platforms that repeatedly fail to comply are subject to fines of up to €10 million ($11 million). The law applies only to large, for-profit communication platform providers with more than 100,000 users and revenues of €500,000 ($552,000) or more per year. Videos on video sharing platforms such as YouTube or Facebook are excluded, as they are subject to a separate EU law, but users posting comments on such videos are also subject to the country’s hate speech law for the content of their comments.

Under the Citizenship Law, as amended in 2019 and 2022, individuals persecuted by the Nazi regime and their descendants are eligible for citizenship without having to relinquish their foreign citizenship. Between September 2022 and September 2023, the state granted 23,000 persons citizenship under this provision.

The law bans certain symbols the government considers extremist, including Nazi and neo-Nazi symbols as well as those pertaining to the Muslim Brotherhood, ISIS, al-Qa’ida, Hizballah, Hamas, and the Croatian Ustasha.

The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity or if the statement violates human dignity. The law imposes criminal penalties for violations.

The government requires a visa for visitors from non-visa-exempt countries or individuals who would stay beyond 90 days, including religious workers of confessional communities or associations. Foreign religious workers of groups recognized as confessional communities or associations must apply for a general immigrant visa that is not employment or family based and is subject to a quota. Foreign religious workers belonging to religious societies also require immigrant visas but are exempt from the quota system. Religious workers from Schengen or EU-member countries are exempt from all visa requirements.

Male citizens age 18 and above are subject to compulsory military service but have the right to opt for alternative service instead for any reason, including conscientious objection on religious grounds. Female citizens have the option to enter voluntary military service.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

According to the MOI, 929 cases were reported under the law banning neo-Nazi activity and public denial, belittlement, approval, or justification of the Holocaust or other Nazi crimes against humanity. According to the Justice Ministry, courts convicted 211 persons for related crimes in 2023, compared to 215 convictions in 2022.

In March, the Mauthausen Committee criticized the MOI for failing to identify the perpetrators of any of the 33 acts of vandalism committed between 2012 and 2022 at the Mauthausen Memorial, the site of the country’s primary World War II concentration camp, or for any of the 963 acts of vandalism committed in the same time frame at other memorials (remembrance stones or memorial plaques) for victims of acts committed by perpetrators motivated by National Socialism. Law enforcement officials investigated each of these incidents but did not publicly identify or prosecute any alleged perpetrators. The MOI responded to media inquiries by stating it began conducting courses for young persons available through learning modules (such as “All right – Alles was Recht ist”, “Click and Check”, “Look@Your.Life”), taught by specialized prevention officers. The courses emphasize the importance of Holocaust remembrance. The ministry also took steps to combat antisemitic speech online by developing a fourth e-learning module on online hate crimes, in addition to three already existing modules for law enforcement officers.

The Ministry for Arts, Culture, Civil Service, and Sport co-funded two 2022-23 Winter Camps organized by the Muslim Youth of Austria. The camps brought together young Muslims and provided guidance in extremism prevention.

In February, the government presented a report on its implementation of the 38 specific measures recommended by the 2021 National Strategy to Combat Antisemitism. According to the report, the government had implemented 26 of the 38 measures, including launching a series of gatherings called the European Conference on Antisemitism (with the first iteration held in Vienna in May 2022); establishing the working group on antisemitic incidents (May 2022); establishing the National Forum against Antisemitism (June 2022); signing a cooperation agreement between the Mauthausen Memorial and the Ministry of Defense (December 2022); evaluating existing training curricula for educators; and launching new youth dialogue programs.

In March, Education Minister Martin Polaschek and IKG President Oskar Deutsch visited a Jewish school in Vienna and discussed the 10 education-related measures in the strategy as well as the ministry’s Trust in Science and Democracy program, which will establish a central point of contact for science and democracy education, including modules for teaching about the Holocaust, and the history and impact of National Socialism.

In October, the government increased its budget for promotion of Jewish community life and conservation of the country’s Jewish cultural heritage from €4 million ($4.4 million) to €7 million ($7.7 million) annually and pledged to intensify cooperation with the Conference on Jewish Material Claims against Germany (Claims Conference). The Jewish community also used a portion of the funds toward increased protection and security surrounding Jewish institutions, recommended as one of the measures in the national strategy.

In May, the Chancellery initiated and financially supported a joint visit of representatives from the IKG and the IGGO to the Auschwitz Memorial in Poland. During the visit, Vienna Chief Rabbi Schlomo Hofmeister told the press that “Muslims and Jews must stand united in confronting those politicians who seek to misuse religion as a political pawn.” IGGO President Umit Vural added that “antisemitism and anti-Muslim racism are two sides of the same coin.”

In May, Education Minister Martin Polaschek and the rector of Vienna University in public statements distanced themselves from the content of a survey conducted by the university’s Institute for Islamic Studies, which included questions asking Muslim school children and youth (grades one through nine) if they agreed with statements such as: “It’s disgusting when homosexuals kiss,” and “When women wear miniskirts or revealing outfits in public, they express sexual readiness.” Critics, including the IGGO, stated that some of the behavioral questions were biased and that the basis of the survey was not scientific nor was the content suitable for school children.

In December, parliament enacted the government’s proposed legislation amending and strengthening the law against neo-Nazi activity following consultations with representatives from the IKG, the DOeW, and the Mauthausen Committee of Austria, with four of the five parties represented in parliament voting in favor. The impetus stemmed from the high-profile trial in 2022 of a warrant officer in the country’s armed forces who had worn a self-made Nazi uniform and made Hitler-style salutes in photos posted on social media. The enacted amendments include a ban on Holocaust trivialization, which would, for example, prohibit wearing yellow stars marked “not vaccinated,” as happened during protests against COVID-19 restrictions. The amended law also provides for domestic criminal jurisdiction over offenses committed abroad, and removal of convicted civil servants from their positions.

In August, the MOI announced it had commissioned the DOeW to prepare annual reports on right-wing extremism in the country. The ministry stated it will publish its first report in fall 2024 covering 2020 to 2023. Thereafter, the ministry stated it will publish reports every year covering the previous year. The report will supplement the annual security report, which features a section on right-wing extremism.

Following the October 7 Hamas terrorist attacks in Israel and the Israeli military response in Gaza, the MOI enhanced security for Israeli and Jewish institutions. The Jewish Religious Community issued a security notice recommending that parents accompany children going to school or synagogue, that doors of Jewish institutions be kept closed, and that persons avoid gathering or remaining outside those buildings.

In October, the private Sigmund-Freud-University Vienna launched the “Digital Holocaust Memorial” project, allowing for participatory, inclusive, and interactive remembrance of the Holocaust. The government provided major funding for the project. Throughout the year, the Education Ministry’s research Center for Right-wing Extremism and Antisemitism, established in October 2022, cooperated with the DOeW in providing schools with material for Holocaust education and in supporting investigations into right-wing extremism.

The Federal Office of Sect Issues offered advice to persons with questions about groups that are categorized as sects and/or cults. The office was nominally independent although government funded. The Minster of Women’s Affairs and Integration provided oversight and appointed the director of the office.

The country is a member of the International Holocaust Remembrance Alliance.

In January, the government opened the Holocaust Education Institute in cooperation with the Austrian Academy of Sciences. The government committed to provide the center with €500,000 ($552,000) annually to support teaching in the country’s education system about the Holocaust and the impact of National Socialism.

In March, the governor of Upper Austria and the director of the Austrian National Fund for Victims of National Socialism, together with a Holocaust survivor and descendants of Holocaust victims, inaugurated a memorial in the Upper Austrian town of Gmunden to commemorate the town’s 60 Holocaust victims. The memorial was co-funded by the National Fund, the Upper Austrian state government, and Gmunden municipality.

In March, Parliament President Wolfgang Sobotka and IKG President Oskar Deutsch reopened two Jewish cemeteries in Lower Austria, that received €664,000 ($734,000) in government funds to support their restoration. In July, the government allocated €800,000 ($884,000) for the restoration of the historic Waehring Jewish cemetery in Vienna, in addition to funds made available in previous years.

In October, Interior Minister Gerhard Karner and representatives from the Mauthausen Memorial Secretariat and Mauthausen International Committee presented the final report and master plan for the expansion of the memorial on the site of the Gusen concentration camp, a sub-camp of Mauthausen in Upper Austria. Also in October, the government introduced a bill to amend the country’s memorial law with a view to commissioning the Mauthausen Secretariat to implement the master plan and secure funding.

Development continued on the “Campus of Religions” in Vienna which began in 2019 and has been designed as a public site where nine religious groups could conduct activities, hold religious gatherings, and collaborate on projects promoting interreligious co-existence, exchange, and communication. Completion of the project is targeted for 2028.