By Aid to the Church in Need*
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ANDORRA, PROSPECTS
FOR FREEDOM OF RELIGION
Andorra is a parliamentary democratic diarchy (Article 43,
2). The Co-Princes are the President of France and the Bishop of Urgell, a
diocese in Spain. The Constitution of the Principality guarantees freedom of
religion and provides that “freedom to manifest one’s religion or beliefs shall
be subject only to such limitations as are prescribed by law and are necessary
in the interests of public safety, order, health or morals, or for the
protection of the fundamental rights and freedoms of others” (Article 11, 2).
The Constitution acknowledges a special relationship between the Andorran state
and the Catholic Church “in accordance with Andorran tradition” and “recognises
the full legal capacity of the bodies of the Roman Catholic Church which have
legal status in accordance with their own rules” (Article 11, 3). The Concordat
of 2008 regulates relations with the Holy See. The constitution also provides
that all persons are equal before the law and bans “discrimination on the
grounds of birth, race, sex, origin, religion, opinions or any other personal
or social condition” (Article 6, 1). In February 2019, the Andorran General
Council (parliament) passed the Equal Treatment and Non-Discrimination Act.
which prohibits discrimination on the basis of birth, nationality or lack of
nationality, racial or ethnic origin, sex or gender, religion, religious or
philosophical beliefs, political or union opinion, language, age, disability,
sexual orientation, identity or expression of gender, or any other personal or
social condition or circumstance (Article 4, 2). This act also created the
Office of the Ombudsman (Article 28) and the Equality Observatory (Article 29)
and set penalties for violations (Article 40).
Faiths other than Roman Catholicism are not accorded legal
status as religious groups, but religious communities can be registered as
cultural organisations under the Law of Associations. Such registration is
required to build places of worship or receive government financial support.
Given its legal status, the Catholic Church has some privileges which are
unavailable to other religious groups. For instance, the government pays the
salaries of foreign Catholic priests serving in local parishes. Foreigners who
have religious functions for non-Catholic groups are 2 unable to obtain permits
as religious workers but are generally permitted to reside and perform
religious work with a different immigration status.
There are no mosques in Andorra, but the Muslim community
has two prayer rooms. The Jewish community has a small synagogue and a
community centre. In a 2012 report, the European Commission against Racism and
Intolerance (ECRI) of the Council of Europe recommended that Andorra address
the lack of Jewish and Muslim cemeteries, grant a special status to minority religions,
and authorise the construction of a mosque. In 2015 and 2016 follow-up reports,
the ECRI did not revisit any of these recommendations. The 2016 report made
interim recommendations related to equal treatment and non-discrimination
legislation, which the government enacted in 2019. At the beginning of April
2022, a legislative amendment prohibiting both school employees and students
from displaying “religious symbols and signs” in schools was passed
unanimously. The law also included a provision to allow students the option of
studying a secular alternative to the Catholic religion.
Incidents and
developments
In the period under review, there were no reported
violations of religious freedom in Andorra.
Although Jewish and Muslim communities are permitted to use
existing cemeteries, they have no separate area specifically for them. As a
result, most choose to bury their dead outside the country. Members of the
Muslim community have raised concerns that religious head coverings have to be removed
for photographs on official documents.Andorra regularly completes the
Organisation for Security and Co-operation in Europe’s annual hate crime
questionnaire. No hate crimes motivated by a religious bias were reported in
the period under review by the government or civil society organisations. In
April 2022, the prohibition of religious symbols in schools as a result of the
change to the education law directly affected an 11-year-old girl who was not
allowed to wear a hijab in school. The constitutional court had previously said
that the school’s ban of such symbols was unconstitutional and accepted that
the girl was wearing the hijab of her own volition
Prospects for freedom
of religion
Religious freedom is guaranteed and the prospects for
religious freedom remain stable. The passage in 2019 of the Equal Treatment and
Non-Discrimination Act is likely to further protect religious minorities in
Andorra; however, it could also have negative implications for some religious
organisations and individuals when religious beliefs come into conflict with
the law itself.
* Religious Freedom Report 2023
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