Hungary’s Religious Freedom Challenges and Insights

Budapest, Hungary, October 2024 – Hungary faces a decision regarding religious freedom as it navigates the challenge of preserving its traditional connections with major religious organizations while also confronting the growing issue of discrimination against minority belief systems.

The latest discoveries by Nazila Ghanea, the Special Rapporteur on Freedom of Religion or Belief, for the United Nations, provide insight into the factors influencing Hungary’s religious environment. During her assessment following an official trip lasting from October 7 to October 17 in 2024, she noted the widespread difficulties and highlighted particular instances that showcase the hardships experienced by minority religious groups.

A Historical Backdrop Influencing Present Dynamics

Hungary’s history, particularly the restrictive Communist era (1949-1989), continues to influence contemporary state-religion relations. Despite the adoption of the Fundamental Law (Constitution) in 2011, which guarantees freedom of conscience and religion (Article VII. (1)), remnants of past restrictions persist. This historical context was frequently emphasized by interlocutors, including government officials, religious leaders, and civil society actors, underscoring the lingering impact on current religious freedoms.

The 2011 Church Law: A Double-Edged Sword

While Hungary’s Fundamental Law ostensibly supports religious plurality by declaring, “individuals have the right to freely choose, change, and practice their religion,” the practical implementation through the 2011 Church Law has painted a more nuanced picture.

Initially accommodating over 350 religious groups, the Church Law imposed stringent criteria, reducing recognized organizations to just 34. Nazila Ghanea observes, “The 2011 Church Law stripped organizations of their legal status, significantly reducing the number of those officially recognized and thereby greatly limiting their legal rights.” This centralization has inadvertently marginalized numerous faith communities, limiting their access to state benefits and fostering an environment of inequality.

Tiered Recognition System: Favoritism and Exclusion

Hungary employs a four-tiered system for religious recognition: “established churches,” “registered churches,” “listed churches,” and “religious associations.” Achieving ‘established church’ status requires a complex registration process, including a two-thirds majority vote in Parliament— a mechanism criticized for politicizing religious recognition.

This system entrenches favouritism toward established churches like the Roman Catholic, Reformed, and Evangelical Lutheran Churches, which enjoy substantial state support for their educational and social initiatives. Smaller and newer religious organizations, such as Buddhists, Hindus, Scientologists and certain Jewish groups, struggle under these stringent criteria, facing financial difficulties and legal hurdles in maintaining their operations.

The “minorities”: A Spectrum of Discrimination

Various groups experience discrimination under the current legal framework:

• Roma Community and LGBTIQ+ Individuals: Persistent hate speech and social intolerance act as significant barriers to the free exercise of religious beliefs. Ghanea notes, “The prevalence of hate speech in Hungarian society… remains a significant barrier to the free exercise of religion or belief for many minority groups.”
• Jehovah’s Witnesses and the Hungarian Evangelical Fellowship (MET): These groups face hurdles in accessing public funds for community activities and maintaining meeting places. MET, led by Pastor Gábor Iványi, lost its “established church” status, resulting in severe financial difficulties, including the loss of funding for its schools and social services. Despite appeals to both domestic courts and the European Court of Human Rights, MET has yet to regain its standing.
• Other Minority Religions: Smaller religious communities such as Buddhists, Hindus, Scientologists and certain Jewish factions grapple with systemic biases that impede their social and religious freedoms, often relying on private donations and community support to sustain their operations.

The Scientology Saga: A Battle for Recognition and Rights

Among the beleaguered groups navigating Hungary’s restrictive religious landscape is the Church of Scientology. Ghanea’s report, in addition to the insights I recently shared in my article titled “Religious Freedom Under Threat: The Case of Scientology in Hungary,” mentions the persistent legal challenges and governmental scrutiny faced by the Scientologists. The Hungarian government’s approach, in additional to public attacks by specific government officials claiming to be catholic, and as Ghanea covers in her preliminary report that “the Church of Scientology has faced raids and legal challenges under Hungary’s data protection laws, and a long delay in permission to maintain its Budapest headquarters“.

In my previous article I highlighted the bureaucratic obstacles that members perceive as efforts to delegitimize their faith. This ongoing struggle underscores broader issues within Hungary’s tiered recognition system, disproportionately impacting newer and less mainstream religious organizations or even using old communistic and German tactics of labelling groups or portraying them as suspect of being foreign government agents.

Institutional Bias and Its Ramifications

The tiered system of religious recognition perpetuates favoritism and exclusion. Ghanea explains, “Only the top-tier ‘established churches’ enjoy full legal status and the benefits of state support.” This stratification hampers interfaith solidarity and fractures communities within the same religion, creating divisions based on legal status rather than spiritual tenets.

Additionally, the intertwining of state and church responsibilities has sparked debates over autonomy and mission. While state funding aids religious schools and hospitals, it risks compromising the independence of these institutions, diverting them from their core spiritual missions to administrative and professional obligations that may not align with their foundational values.

Funding Disparities: Unequal Support for Religious Institutions

State funding in Hungary favours established churches, exacerbating inequalities among religious groups. Before 2010, religious schools received limited municipal funding. Post-2010 reforms introduced a second funding stream for religious schools, effectively widening the financial gap between church-run and municipal schools.

Consequently, church-run institutions now enjoy significantly greater funding, from kindergarten to universities, and dominate child protection care with 74% being church-run. This preferential funding regime, while justified by some as a means to remedy historical injustices, calls for a transparent and objective process to prevent perpetuating discriminatory structures.

Hate Speech and Social Intolerance

Hate speech remains a pervasive issue in Hungarian society, affecting various minority groups. Despite Hungary’s declared zero-tolerance policy on antisemitism, surveys indicate its persistent presence, often manifesting as coded hate speech. Jews report feeling compelled to conceal their religious symbols due to safety concerns.

Additionally, anti-Muslim rhetoric, amplified by high-level officials, often intertwines with anti-migrant sentiments, fueling verbal assaults against women wearing headscarves and other marginalized groups. Ghanea notes, “The pattern of stigmatizing anti-Muslim rhetoric has also stemmed from high-level officials and much of it has linked strong anti-migrant rhetoric with anti-Muslim hatred.“

Calls for Reform and Inclusivity

Ghanea’s preliminary findings emphasize the necessity for comprehensive reforms to dismantle discriminatory structures within Hungary’s religious governance. She asserts, “The ongoing concerns raised by international human rights organizations highlight the need for further reforms to ensure that all religious communities in Hungary can operate without discrimination.”

Recommendations include:

• Establishing a Transparent Registration Process: Moving away from politicized approval mechanisms to objective criteria for religious recognition.
• Decoupling State Support from Religious Status: Ensuring that state funding is allocated based on transparent and equitable criteria, rather than favoring established churches.
• Promoting Societal Tolerance: Addressing hate speech and fostering an environment where all religious and belief systems can coexist without prejudice.

The Road Ahead

Hungary’s progress towards achieving religious freedom faces various obstacles that mirror wider social issues and intricate historical events. In the midst of navigating between honouring tradition and embracing modernity in the country’s landscape, the pleas from minority groups stand out as a clear demand for fairness and acceptance. The upcoming detailed report by Ghanea slated for release in March 2025 is expected to provide analysis and practical suggestions to promote religious liberty and human rights in Hungary.

Nazila Ghanea concludes her preliminary observations by stating, “These are my preliminary findings, and I will submit my report, containing my full observations and recommendations from my visit to Hungary to the UN Human Rights Council in March 2025.” Her ongoing engagement with Hungarian authorities underscores a commitment to fostering an environment where all religious communities can thrive without discrimination.

Hungary’s pursuit of religious freedom highlights the intricate interplay between law, societal attitudes, and historical legacies. Addressing discriminatory practices and fostering an inclusive environment for all religious and belief systems is imperative for Hungary to realize the true spirit of its Fundamental Law. The path forward mandates a re-evaluation of existing legal frameworks, embracing diversity not as a threat but as a cornerstone of a truly free and pluralistic society.