Regulation of the Freedom of Religion in Czechoslovakia after 1989 as a Reaction to the Legal Practice of the Totalitarian Regime

Abstract

Following the political changes of 1989, Czechoslovakian believers were finally able to enjoy their long-awaited freedom. This article highlights how the legislative framework of the new democratic system responded directly to the specific areas where the rights of believers and religious institutions were suppressed by the previous totalitarian government, influenced by Marxist-Leninist atheism. Compared to other Eastern Bloc countries, Czechoslovakia is unique in its complete suppression of Catholic male religious orders. The Charter of Fundamental Rights and Freedoms [Listina základních práv a svobod], which guarantees the autonomy of churches and religious societies, explicitly provides for the right of churches to establish religious institutions. The first four sections of the text examine the precise legal and extrajudicial measures taken by the Communist regime to curtail churches, with ensuing sections exploring the constitutional guarantees and legislative basis for religious freedom in Czechoslovakia and, later, the independent Czech Republic. Legal regulation encompasses more than the individual rights of believers. It also pertains to church activities in a variety of public interest areas, their financial provision, and state recognition of new churches and religious societies.