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The Draft of Principles For the New Act on the Freedom of Religious Belief

Publication at Faculty of Law |
2016

Abstract

The author remembers the activity of the expert commission established by the Ministry of Culture of the Czech Republic in years 1999-2001 for the drafting of the Act No. 3/2002 Sb. He proposes the abrogation of the Act and its replacement by a new act.

He proposes the abbreviation of the legal term churches and religious societies to religious communities. The new act should more emphatically derive the legal position of the religious communities from the religious freedom of an individual.

A preamble should help thereto, expressing the special role of religious communities in the society. The author proposes the abrogation the two-degree registration and the institution of special rights.

He recommends the inclusion of these rights into a demonstrative enumeration of the rights of the faithful of all registered religious communities, which has to be extended by a right to spiritual care in hospitals. He recommends the unification of legal persons derived from religious communities into a sole category, for example the abrogation of the legal category of so-called specialized facilities.