1. 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 Spanish mainstream society

2. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law I NTRODUCTION: 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

3. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law  How Muslims perceive the strength of their Islamic identity? o79% of Spanish think that Muslims have a strong sense of identity o32% of Muslim immigrants perceive themselves with this strong sense I NTRODUCTION: Islam in Spain (cont.)  How citizens perceive the Musilims presence in Spain? o60% of the general public sees most of their fellow countrymen as hostile to Muslims oOnly 31% Spanish Muslim share that view (hostility) Most of the Spanish want to see Muslims as different citizens

4. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law 1.Freedom 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

5. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law 1.Freedom 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.)

6. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law 2.Spanish 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 Normative Framework (cont.)

7. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law 2.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 Normative Framework (cont.)

8. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law 2.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 Normative Framework (cont.)

9. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law 1.The Spanish Federation of Islamic Religious Entities (FEERI) and the Union of Islamic Communities of Spain (UCIE) composed one only entity that negotiates with the Government: the Islamic Commission of Spain (CIE) 2.There are also Muslim associations and communities and Islamic councils register as associations 3.The Foundation of Pluralism and Coexistence in 2005: it seeks to achieve equality by supporting measures to fully integrate 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

10. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law  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

11. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law  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 Participation of Muslim minorities in society (cont.) EDUCATION

12. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law  State shall take appropriate measures for the enforcement of traditional Islamic rules on burials and funeral rites: A right still to fulfill Participation of Muslim minorities in society (cont.) 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

13. Socio economic participation of minorities in relation to their right to (respect for) identity 27-29 October 2010 Erasmus School of Law Final Remarks  Muslim communities lacks the infrastructure that would lead to a full participation in a cultural, economic and social life  The most important religious demands: the building of mosques and access to religious education  There is an institutional lack of sensitivity to the cultural background and specific needs of the Muslims population in the public sphere