RICARDO GARCIA GARCIA
MINISTRY OF JUSTICE
Subdirectorate General for Relations with Religious Confessions
PERMANENT MISSION OF SPAIN TO THE UN BUREAU
II. Legal framework and key concepts
The Kingdom of Spain possesses a comprehensive legal system to guarantee the freedom of religion
and worship, that has been followed by other countries, in whole or in part, in the frames of the
comparative law.
The freedom of religion is ensured for individuals as well as for religious groups that unite people,
from Spain and abroad, to be able to experience and share their religious feelings.
The only limitation to this right is the protection of the rights of others in the exercise of their public
freedoms and fundamental rights, as well as the safeguarding of security, health and public morality,
as fundamental components of the public order protected by the Law within a democratic society.
All churches, confessions, religious communities or federations enjoy a special legal protection and
obtain legal personality once they are registered in the Register of Religious Entities in the Ministry of
Justice. The inscription allows for internal self-organisation of religious groups, which means that each
church, confession or religious community can chose its organisational form, appoint the clergymen,
indicate their teachings, who administer worship, their internal management organisation, etc.
As an example: The places of worship, the clergymen, the religious ceremonies and feelings of both
majority and minority religious groups are protected. The Spanish law makes no distinction and
applies the same protective measures for all religious groups in question.
I shall finish by stressing that the Spanish legal system defends the lack of religious denomination of
the State and its separation from any religious confession, according to the Constitution stating that
‘There shall be no State religion’, which however does not exclude religious groups from the public
activities.
Quite the opposite, The Kingdom of Spain cooperates with all religious confessions and in a singular
manner, those notably established among the Spanish society. They form part of the Religious
Freedom Advisory Committee in the Ministry of Justice that analyses and gives opinion about legal
norms that can eventually be adopted in Spain, related to the freedom of religion. Moreover, the
Committee cooperates with the Foundation for Pluralism and Coexistence headed by the Ministry of
Justice to advance within society the fundamental right of the freedom of religion through the financing
of social projects, publications of religion teaching manuals, elaboration of guidelines on good
practices in the public sphere, organisation of training courses for officials, and through many other
initiatives.
Within the Ministry of Health, Social Policy and Equality, the government works on all issues
concerning equality from the “Observatory against Discrimination, Racism and Xenophobia.”