socio economic participation of minorities in relation to their right to (respect for) identity...

Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010

Erasmus School of Law

Participation of Muslim minorities in the Participation of Muslim minorities in the Spanish mainstream societySpanish mainstream society



INTRODUCTION: Islam in Spain

The growth of Muslim immigration: up to 1,300,000

A very heterogeneous community

An increase of Muslims associations

Muslims in Spain



How Muslims perceive the strength of their Islamic identity?

o 79% of Spanish think that Muslims have a strong sense of identity

o 32% of Muslim immigrants perceive themselves with this strong sense

INTRODUCTION: Islam in Spain (cont.)

How citizens perceive the Musilims presence in Spain?

o 60% of the general public sees most of their fellow countrymen as hostile to Muslims

o Only 31% Spanish Muslim share that view (hostility)

Most of the Spanish want to see

Muslims as different citizens



1.1. Freedom of religion in the Constitution of 1978Freedom of religion in the Constitution of 1978

Article 16.1: individual and collective right to freedom of ideology, religion, and worship

Article 16.2: No one can be forced to declare his or her religious beliefs

Article 16.3: Prohibits the establishment of a State religion & requires the State to "maintain appropriate cooperation with the Catholic Church and the other (religious denominations)”

Normative Framework



1.1. Freedom of religion in the Constitution of 1978Freedom of religion in the Constitution of 1978 General constitutional principles regarding human

rights: Protection of fundamental rights inherent in human dignity Pluralism Participation

Four specific constitutional guiding principles with respect to religion: Principle of freedom of religion Principle of equality with respect to religion Principle of state neutrality Principle of cooperation with religious groups

Normative Framework (cont.)



2.2. Spanish Statutory Treatment of ReligionSpanish Statutory Treatment of Religion The Organic Law on Religious Freedom (LOLR) 1980

LOLR does not define what a religious denomination is

The requirement for recognition of legal religious status in the Religious Entities Registry:

A religious purpose: The Administration has rested on the traditional archetype of the Catholic Church

The requirement for enjoying active participation within the State:

Recognition as a religion having “well-known roots” but there is no objective criteria




2.2. Spanish Statutory Treatment of Religion (cont.)Spanish Statutory Treatment of Religion (cont.) The State has only signed three agreements with three

“well-known roots” minorities in 1992:

Federation of Evangelical Religious Entities of Spain (FEREDE) Federation of Israelite Communities of Spain (FCI) Islamic Commission of Spain (CIE)

Limitations for a real participation of religious minorities:

The three agreements (although signed with different religions)

are surprisingly the same




2.2. Spanish Statutory Treatment of Religion (cont.)Spanish Statutory Treatment of Religion (cont.)

Limitations for a real participation of religious minorities (cont.):

State pressures religious communities to organize as federation

An agreement with a federation minimizes the satisfaction of

particular interests of individual beliefs

The interests of individual denominations within federations

are not always the same




1.1. The Spanish Federation of Islamic Religious Entities (FEERI) The Spanish Federation of Islamic Religious Entities (FEERI) and the Union of Islamic Communities of Spain (UCIE) and the Union of Islamic Communities of Spain (UCIE) composed one only entity that negotiates with the composed one only entity that negotiates with the Government: the Islamic Commission of Spain (CIE)Government: the Islamic Commission of Spain (CIE)

2.2. There are also Muslim associations and communities and There are also Muslim associations and communities and Islamic councils register as associationsIslamic councils register as associations

3.3. The Foundation of Pluralism and Coexistence in 2005: it The Foundation of Pluralism and Coexistence in 2005: it seeks to achieve equality by supporting measures to fully seeks to achieve equality by supporting measures to fully integrate religious minorities into Spanish societyintegrate religious minorities into Spanish society

Government spends part of the national budget to fund projects that contribute to improving social and cultural integration of religious minorities in the country

Participation of Muslim minorities in society



In accordance with the Agreement of 1992: mosques and other

recognized religious spaces are inviolable and profit from a

favourable fiscal arrangement

Local governments are obligated to provide land for the

opening of places of worship: but in practice this law is often

ignored by local municipalities

Participation of Muslim minorities in society (cont.)

MOSQUES



The Agreement of 1992 guarantee the Muslim communities access to school grounds as well as the availability of classrooms for religious instruction under the direction of Muslims teachers (when there are more than ten students who apply for)

Teaching Islam in public schools is scarce, much lower than it demanded

Headscarves: Every school has the authority to decide whether to accept the headscarf in school


EDUCATION



State shall take appropriate measures for the enforcement of traditional Islamic rules on burials and funeral rites: A right still to fulfill


CEMETERIES

WORKPLACE It could be requested to stop working on Friday and to leave work one

hour before sunset during Ramadan

The agreement of employers and employees is required

DIETARY PRESCRIPTIONS

The public authorities shall fulfill a diet according to Islamic religious precepts for those in schools or prisons, hospital or nursing homes

It is not mandatory



Final Remarks

Muslim communities lacks the Muslim communities lacks the infrastructure that would lead to a full infrastructure that would lead to a full participation in a cultural, economic and participation in a cultural, economic and social lifesocial life

The most important religious demands: The most important religious demands: the building of mosques and access to the building of mosques and access to religious education religious education

There is an institutional lack of There is an institutional lack of sensitivity to the cultural background and sensitivity to the cultural background and specific needs of the Muslims population in specific needs of the Muslims population in the public spherethe public sphere

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