Tikėjimo ir sąžinės laisvė: konstituciniai pagrindai ir realizavimo ribos Lietuvos Respublikoje

Abstract

The personal right to choose freely any religion or faith, and to also change the choice individually or with others, to profess it privately or publicly, to perform religious rites, to practice his faith and to provide instruction thereof is guaranteed by the Constitution of the Republic of Lithuania. No one may force another person, nor himself be forced to choose or to profess any faith or religion. The human freedom to profess or propagate religion or faith may not be limited by any other means, than by law alone and only when the security of society, public order, people's health and morality, as well as of other fundamental rights and freedoms of individuals must be guaranteed. All individuals, regardless of the religion they profess, their religious convictions or their relationship with religion, should be equal before the law and it is prohibited to limit their rights and freedoms directly or indirectly, or to apply privileges.
Article 43 of the Constitution declares that the State shall recognise the churches and religious organisations that are traditional in Lithuania, whereas other churches and religious organisations should be recognised provided that they have support in society and their teaching and practices are not in conflict with the law and public morals. The churches and religious organisations recognised by the State have the rights of a legal person. Churches and religious organisations are free to proclaim their teaching, perform their practices, and have houses of prayer, charity establishments, and schools for the training of the clergy. Churches and religious organisations are conducting their affairs freely according to their canons and statutes. The status of churches and other religious organisations in the State is established by agreement or by law. The teaching proclaimed by churches and religious organisations, other religious activities and houses of prayer may not be used for purposes which are in conflict with the Constitution and laws. There is no a State religion in Lithuania. The state recognises nine traditional religious communities and associations existing in Lithuania, which comprise a part of the historical, spiritual and social heritage of Lithuania: Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical Reformed, Russian Orthodox, Old Believer, Judaistic, Sunni Muslim and Karaite.
The Seimas (Parliament) of the Republic of Lithuania grants state recognition. Religious associations may request state recognition following the elapse of a period of no less than 25 years from the date of their initial registration in Lithuania. If request is denied, it may be resubmitted, following the elapse of 10 years, from the day request was denied.
The Seimas (Parliament) deliberates the question upon receipt of a conclusion from the Ministry of Justice. The initial registration alluded to in part two of this Article has taken place, provided that the religious association acted legally (was registered) in Lithuania after February 16, 1918.
The Constitutional Court of the Republic of Lithuania in the Rulling of 13 June 2000 has hold that one of fundamental freedoms of individuals is entrenched in Part 1 of Article 26 of the Constitution: freedom of thought, conscience and religion shall not be restricted. This freedom guarantees an opportunity for people holding various views to live in an open, just and harmonious civil society. Not only is this freedom a selfcontained value of democracy but also an important guarantee that the other constitutional human rights and freedoms would be implemented in an all-sufficient manner.
A person, who thinks that the discriminatory actions based on his or her religion or beliefs have been directed against him/her, or that he/her has become a subject of harassment, has the right to appeal to the Equal Opportunities Ombudsman. Establishing the Equality ombudsmen to work in the field of respect to freedom of faith or religion and the right to profess religion or faith is an institutional guarantee for non judicial mechanism to defend personal rights within the state. This mechanism is in power since 2005.