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RELIGIOUS ASSISTANCE.Pdf Religious assistance in public institutions Assistance spirituelle dans les services publics RINGOLDS BALODIS MIGUEL RODRÍGUEZ BLANCO (Eds.) Religious assistance in public institutions Assistance spirituelle dans les services publics Proceedings of the XXVIIIth Annual Conference Jurmala, 13-16 october 2016 Actes du XXVIIIème colloque annuel Jurmala, 13-16 octobre 2016 Granada, 2018 European Consortium for Church and State Research Editorial Comares © Los autores Editorial Comares, S.L. Polígono Juncaril C/ Baza, parcela 208 18220 Albolote (Granada) Tlf.: 958 465 382 https://www.comares.com • E-mail: [email protected] https://www.facebook.com/Comares • https://twitter.com/comareseditor ISBN: 978-84-9045-…-… • Depósito legal: GR. …/2018 Fotocomposición, impresión y encuadernación: Comares En hommage à Jean Duffar pour sa fidélité et son engagement aux activités et aux travaux du Consortium. TABLE OF CONTENTS THEMATIC OVERVIEW Religious Assistance in Public Institutions: Common Background and Common challenges . 3 Záboj Horák Prison Chaplaincy in the European Union: Facilitating Freedom of Religion for the Incarcerated . 9 Mark Hill QC Religious Assistance in Public Hospitals in the States of the European Union . 19 Piotr Stanisz The Chaplaincy in the Armed Forces – Introductory Report . 31 Emanuel Tăvală NATIONAL REPORTS Austria . 41 Wolfgang Wieshaider Belgium . 53 Adriaan Overbeeke / Jogchum Vrielink Croatia . 69 Vanja-Ivan Savić Cyprus . 75 Achilles C. Emilianides Czech Republic . 83 Jiří Rajmund Tretera / Záboj Horák X religious assistance in public institutions / assistance spirituelle dans les services publics Estonia . 95 Merilin Kiviorg Finland . 105 Matti Kotiranta France . 119 Brigitte Basdevant-Gaudemet / Francis Messner / Pierre-Henri Prélot Germany . 135 Matthias Pulte Greece . 149 Constantinos Papageorgiou / Lina Papadopoulou Hungary . 159 Balázs Schanda Ireland . 165 Stephen Farrell Italy . 177 Roberto Mazzola Latvia . 201 Ringolds Balodis Lithuania . 217 Donatas Glodenis Luxembourg . 229 Philippe Poirier / Konstantinos Papastathis Malta . 251 Vincent A. de Gaetano The Netherlands . 263 Ryan van Eijk Poland . 275 Piotr Stanisz Portugal . 287 Jónatas E.M. Machado Romania . 299 Emanuel Tăvală Slovakia . 319 Michaela Moravčíková table of contents XI Slovenia . 329 Blaž Ivanc Spain . 339 Agustín Motilla Sweden . 349 Lars Friedner United Kingdom . 357 Frank Cranmer / Norman Doe note: This volume contains the proceedings of the XXVIIIth Annual Meeting of the European Consortium for Church and State Research, held in Jurmala (Latvia) during the days 13-16 october 2016, about the topic “Religious Assistance in Public Institutions”. THEMATIC OVERVIEW RELIGIOUS ASSISTANCE IN PUBLIC INSTITUTIONS: COMMON BACKGROUND AND COMMON CHALLENGES Záboj Horák 1 . Introduction State legal orders recognizing religious freedom contain special provisions which protect the practice of religion by persons placed in institutions legally restricting their freedom of movement . Those are the armed forced, prisons and similar institu- tions, hospitals, institutions providing residential care, young offenders’ institutions, and institutions for the temporary stay of immigrants and asylum seekers 1 . Religious assistance is provided also in police and fire rescue services. It is connected with the care of victims of disasters, terrorist attacks, and other crimes, individual or mass accidents and post-penitentiary care . We also speak of chaplaincy, which can be understood as «a position held by a minister of religion within an organization or institution in order to provide spiritual services to its members or inmates» 2 . Chaplaincy is also provided in schools, at air- ports and also in some private companies . The legal systems of all EU member states make chaplaincy possible. The dif- ferences are in the variety of institutions in which chaplaincy is provided and in the type of norms regulating this issue . 2 . Reasons for Chaplaincy The question could be posed, why should the state allow for providing religious assistance (chaplaincy) in public institutions? I think there are several reasons for that . 1 Tretera, Jiří Rajmund, Horák, Záboj, Religion and Law in the Czech Republic, Wolters Kluwer, Alphen aan den Rijn, 2014, p. 42. 2 Doe, Norman, Cranmer, Frank, Chaplaincy and the Law in the United Kingdom, published in this volume on pages 357-372 . 4 záboj horák 1. The first reason is connected to religious freedom . According to Article 9 section 1 of the European Convention on Human Rights «[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance» . Freedom of religion is connected to chaplaincy in two ways. Individual freedom of religion means that the person has the right to obtain religious assistance as well as to provide religious assistance . Let me quote the Gospel according to St. Matthew in this regard: «Then the King will say to those on his right, “Come, you who are blessed by my Father, inherit the kingdom prepared for you from the foundation of the world. For I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you welcomed me, I was naked and you clothed me, I was sick and you visited me, I was in prison and you came to me” [emphasis added]» 3 . I think that this text explains why chaplaincy has been a part of European culture and legal systems for centuries . According to Article 9 section 1, religious freedom also has a collective dimen- sion. The report from the United Kingdom characterises the individual and collective dimensions of chaplaincies as follows: «As a matter of individual religious right they are required by the need of the individual to access spiritual advice and assistance even when confined or constrained in some way», […] «as a matter of collective right they are required by the need for religious communities to sustain their collective identity between members unable to meet and participate in their collective life under normal circumstances» 4 . The Cyprian report outlines the obligations of the state: «The State should […] be considered as having positive obligations to ensure that all people have access to religious services so as to exercise their beliefs in a meaningful manner» 5 . 2. The second reason for chaplaincy is its utility, which is precisely formulated in the Hungarian report: «From the perspective of the secular state, religious prac- tice in penitentiaries, in the armed forces and at hospitals has a special value for the tranquillity and proper functioning of these institutions . Not only respect for religious freedom, but also the «side effects» of religion encourage the state to facilitate the 3 The Holy Bible, English Standard Version, Matthew 25, 34-36 . 4 Doe, Norman, Cranmer, Frank, Chaplaincy and the Law in the United Kingdom, published in this volume, footnote 3, quoting Julian Rivers, The Law of Organized Religions: Between Establishment and Secularism, Oxford University Press, Oxford, 2011, Chapter 7, p. 207; see also Christopher Swift, Hospital Chaplaincy in the Twenty-First Century: The Crisis of Spiritual Care on the National Health Service, Ashgate, Farnham, 2009, 154. 5 Emilianides, Achilles, Chaplaincy and the Law in Cyprus, published in this volume on pages 75-82 . religious assistance in public institutions: common background and common challenges 5 free exercise of religion» 6 . In this regard it should be mentioned that in the medical profession, giving care involves looking after the whole person, not just the body 7 . 3. Securing human dignity, protected by international law and states’ constitu- tional laws could be regarded as the third reason for the chaplaincy . 3 . The Absence of Chaplaincy Let me turn my attention to another aspect, which seems to me to be an important one in general remarks on chaplaincy . It is the absence of chaplaincy . 1. The French report cites a historical example: «With the French Revolution, all official religious structures are destroyed, and the chaplaincy as it had existed under the Old regime [Ancien Régime] disappears» 8 . However, under the rule of Napoleon, who intended to make religion «the cement of social order» 9, the situation changed . The education system was completely reorganized in 1802 and as a result a chap- lain was present in each lyceum 10 . 2. The second example concerns abolishing the Corps of Chaplains in public charity houses and the army during certain time periods in Spain . «These Corps were abolished during the First and the Second Republic (1873-1874, 1931-1939). The Republican Governments thought that the existence of a Roman Catholic chaplaincy enforced by special Corps within public institutions was against the State’s laicité and the right of religious freedom of non-Catholic minorities» 11 . 3. The third system with a strongly negative relationship with chaplaincy was communist totalitarian regimes . In communism all spheres of public life had to accept the so called «scientific world view» (the Marxist-Leninist ideology), which included atheism . Atheism played the role of the state «religion» in Eastern European countries from 1945 to 1990 and in Russia, Ukraine and White Russia from 1917 on. Only in Czechoslovakia did this regime begin a little later: after a three-year from 1945- 1948, i .e . between the Nazi
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