EDITORIAL Roger Kiska FREEDOM OF RELIGION: ETHICS AND TOLERANCE Sfera John Coffey Ben-Oni Ardelean MESSAGE Politicii Archbishop Francisco-Javier Lozano REVISTĂ DE ŞTIINŢE POLITICE EDITATĂ DE FUNDAŢIA SOCIETATEA CIVILĂ INTERVIEW Andrea Williams APARIŢIE LUNARĂ ESSAY Jonathan van Tongeren LIBERTY OF FAITH AND CONSCIENCE Lucian Pop István Péter Danku Ekaterina Smyslova Noemi Mena Montes Ioana Florina Mînzu Petru Andea CASE STUDY Mats Tunehag Leo van Doesburg SFERA POLITICII • Numărul 6 (161) iulie 2011 Anca Bulica ARCHIVE Johannes de Jong Daumier Liberty of Faith VOLUM XIX and Conscience NUMĂRUL 7 (161) Număr realizat în colaborare cu ISSN: 1221-6720 IULIE 2011 European Christian Political Movement (ECPM) SUMMARY Editorial The Threat to Religious Liberties and the European Institutions ...................................3 Roger Kiska Freedom of religion: ethics and tolerance The myth of secular tolerance ......................................................................................... 13 John Coffey Religious Freedom Ethic’s Dimensions: Individual vs. Communitarian ......................... 21 Ben-Oni Ardelean Message ADDRESS OF The Apostolic Nuncio Archbishop FRANCISCO-JAVIER LOZANO, Dean of the Diplomatic Corps in Romania ......................................................................30 Interview Interview with Andrea Williams, CEO of Christian Concern and the Christian Legal Centre ........................................................................................36 Essay Attaining Human Dignity by the Conscientious Use of Freedom ..................................42 Jonathan van Tongeren Liberty of Faith and Conscience Human Dignity – Constitutional Principle of Fundamental Human Rights ..................46 Lucian Pop Church Affairs in Hungarian Legislation, Policy Study ...................................................53 István Péter Danku Freedom of Faith in Russia ...............................................................................................60 Ekaterina Smyslova Media, Religious Minorities and Freedom of Religion ...................................................65 Noemi Mena Montes Communication – From Censorship to Crisis ................................................................... 73 Ioana Florina Mînzu and Petru Andea Case Study Freedom of Speech or Freedom from Hearing? ............................................................77 Mats Tunehag Freedoms of Religion and Conscience under serious attack in the Republic of Moldova ..............................................................................................83 Leo van Doesburg and Anca Bulica Archive The agreement of the People (1649) ...............................................................................92 Johannes de Jong Index of authors ............................................................................................................95 Disclaimer: This ECPM publication contains various articles and opinions that aim to inform and initiate discussion and reflection. The opinions formulated in this publi- cation are not necessarily the opinions of the ECPM. The liability for each article rest with the mentioned author. If you have any questions or remarks considering this publication, please contact us at [email protected]. Editorial The Threat to Religious Liberties and the European Institutions ROGER KISKA [Alliance Defense Fund] (a) Introduction Abstract The following article analyzes the It was an opportunity to address 3 chief threats facing religious the importance of religious freedom and liberty today in Europe, namely: the emerging threats facing religious (1) hate speech legislation; liberties in Europe during the ECPM con- (2) anti-discrimination laws; gress held in the Romanian Parliament (3) attacks on parental rights. 23-25 June 2011. Romania, I believe, is Concrete examples are given of an important and symbolic location to offenses to religious freedom. discuss about this theme because of a Additionally, the black letter number of reasons. Romania is indeed law is set out in each section a battleground country in international with suggested action points for circles by both opponents and propo- national governments. The Article nents of religious liberties. It is also a also discusses the Lautsi v. Italy country which in 1989 showed the world judgment of the European Court what freedom means by ushering in de- of Human Rights, explaining mocracy and rule of law. Those same its importance and using it as freedoms are today at stake. Not at the evidence to establish the political hands of communism or dictatorship; nature of the Strasbourg based but from a threat coming from a much court. more cunning and friendly figure with the European Institutions. These institu- tions believe that they can use Romania as a new member state still unsure of its place in Europe as a means of quickly implementing radical legislation that they would like to in the future set up in the west. In a way, it has become a cold war of social policy. While Romania has by and large been spared this fate, other countries like Serbia and Croatia have been pres- sured by empty promises of easier access Keywords to European Union candidacy by radi- hate speech legislation, anti- cally changing their non-discrimination discrimination laws, attacks on laws to protect „sexual orientation” at parental rights the grave risk of injuring religious liber- 3 ties. Moldova is at this very moment under this same pressure. No doubt you will learn a lot about this push by the European Union against susceptible states in es- sence making empty threats and even emptier promises to get what they want. So instead, I would rather discuss about the chief threats I see as facing re- ligious liberty in Europe today. Those threats are three-fold: (1) hate-speech laws; (2) non-discrimination laws and (3) attacks on parental rights. I would also like in my time to address the ruling in Lautsi v. Italy as a key to understanding exactly where we are on the religious liberties road map at this time. Before it is important to know what religious freedoms means to the aver- age European. Freedom of thought, conscience and religion is guaranteed by the European Convention of Human Rights under Article 9 of the Convention. The European Court of Human Rights has held that the right to freedom of thought, conscience and religion is one of the cornerstones of a democratic society. The Court has held that religious freedom is one of the vital elements that go to make up the identity of believers and their conception of life. Article 9 has taken the position of a substantive right under the European Convention of Human Rights. The freedom to choose one’s faith and live it out is a protected and universal freedom under the European Convention. Discriminatory treatment of a religion for historic, ethnic or content based reasons, which has the effect of diminishing this freedom of choice, is illegal. State interference with the practice of those religious and philosophical convictions where necessity is lacking, violates Article 9 of the Convention. What does religious freedom mean for you? Among other things, it means the right to pray anytime and anywhere. It also means that you can share your opinion and your faith freely, including references to the Bible or God. It means that no one can tell you what to believe. It means freedom to follow your own Christian conscience, even in your professional life, without fear of being persecuted or fired from your position. It means speaking openly about Christ in whatever stage of life you are…for example in your office or on university campuses. Freedom of religion includes the right to live your faith whether you are at work, in the store, in a church or in the classroom. While this is what the black letter law says, the actual interpretation of Article 9 is in the process of entering some monumental struggles with very serious threats to our religious freedom. Let us start this discourse by talking about our right to speak and hear the truth. (b) Freedom of Expression: „Hate Speech Laws” The European Court of Human Rights has interpreted freedom of expression to protect not only the information or ideas that are favorably received or regarded as inoffensive or as a matter of indifference, but also those that offend, shock or disturb; such are the demands of pluralism, tolerance and broad-mindedness with- out which there is no democratic society. A freedom which protects only ideas that are accepted by all is not a freedom. International law does not guarantee nor has it promulgated a right „not to be offended”. To this extent, intergovernmental bod- ies like the European Union of Council of Europe cannot seek to create new law. Instead they must shape their policy to conform to and to inform existing black letter law. And the black letter law dictates that the recent proliferation of „hate speech” laws where incitement and imminence of an objective threat are not prerequisite elements are in direct contradiction to the protection of freedom of speech. Furthermore, freedom of religion is emptied of its value without freedom of expression. Freedom of religion is characterized by the fact that it is the only fun- 4 damental right which recognizes the transcendent. It is a freedom which deals with ultimate concern; the intimate and personal relationship of man with His God. At its heart, freedom of religion requires, and the law protects, the right to express one’s faith and in principle, the