A/HRC/13/40/Add.2
religion, conscience and thought. In addition, amendment XI to the Constitution provides
that the Ombudsman shall give particular attention to safeguarding the principles of nondiscrimination and equitable representation of communities in public bodies at all levels
and in other areas of public life.
10.
Furthermore, the 2007 Law on the Legal Status of a Church, a Religious Community
and a Religious Group, which entered into force on 1 May 2008, regulates the
establishment and legal status of churches, religious communities and religious groups, and
the performance of religious service, prayer, rites, religious instruction, educational
activities and revenues. Churches, religious communities and religious groups acquire legal
personality when they are entered into a public register, which is kept by the Basic Court
Skopje II. The name and official insignia of a church, religious community and a religious
group must be different from the names and official insignia of already registered entities.
All churches, religious communities and religious groups registered until 1998 by the body
competent for relations between the State and religious communities maintain their existing
legal personality and status.
11.
According to article 21 of the 2007 law, churches, religious communities and
religious groups may conduct religious instruction. This may be carried out at premises at
which religious rites and other forms of public manifestation of religion are performed, as
well as in other public and private premises and places, provided that the conduct of
religious instruction does not violate public peace and order. Churches, religious
communities and religious groups also have the right to establish religious schools of all
degrees of education, except for primary education, for purposes of educating priests and
religious attendants. Religious schools are equal to other educational institutions, and their
students enjoy the same rights and obligations. Curricula and programmes of religious
schools must not run contrary to the Constitution or domestic laws. The State
administration body competent for education may inspect the curricula and programs of
religious schools.
12.
Article 26 of the 2008 Law on Primary Education allowed for religious instruction
to be conducted as an elective subject in primary schools. Further details relating to the
organization of religious instruction as well as content, activities and methods of
performing a religious curriculum were within the domain of the teaching plan for primary
education, as enacted and assessed by the Minister of Education. However, the
Constitutional Court recently decided to repeal article 26 of the 2008 Law on Primary
Education because this form of religious instruction in primary schools transgressed the
academic and neutral nature of the curriculum and engaged the State in organizing such a
religious curriculum in direct opposition to the principle of separation of church and State.3
At the same time, the Constitutional Court, in its judgement of 15 April 2009, emphasized
the unrestricted opportunity for religious communities to institute religious schools.
13.
The 2000 Law on Denationalization defines the terms and procedures for the return
or compensation for property that was confiscated after 2 August 1944 for the benefit of the
State. Return or compensation may be granted to physical persons or for religious temples
(churches, mosques and synagogues), monasteries and religious vakav (inalienable property
intended for religious and human goals). Also subject to denationalization are the properties
of “Jews from Macedonia” who left their properties following the forceful deportation to
fascist camps and who have not survived the pogrom and do not have successors. Such
property is compensated or returned to the Fund of Holocaust of Macedonian Jews, which
is managed by an equal number of representatives appointed respectively by the
3
6
Constitutional Court, judgement 202/2008-0-1 of 15 April 2009 (see also paras. 24-29 below).