Zur religiös-weltanschaulichen Neutralität des Staates im österreichischen (Verfassungs-)Recht

What is it about?

The more closely an area is linked to the exercise of state power, the stricter the institutional separation between religion and the state in Austria. Where the state provides social services, guarantees education and promotes culture, Austrian law ist based on an open understanding of neutrality. Religious neutrality is therefore not ethically neutral, but open to equal cooperation with all forces in civil society. In addition to examining the concept of neutrality in the Austrian legal system, the article addresses issues relating to equality law.

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Photo by Jon Tyson on Unsplash

Photo by Jon Tyson on Unsplash

Why is it important?

There is no uniform concept of religious neutrality on the part of the state in Europe. At the same time, the term ‘religious neutrality’ is often used in isolation from its legal basis in individual legal systems. The resulting suggestion that neutrality and secular exclusion of religion are one and the same is politically legitimate, but does not stand up to legal comparison. This article demonstrates this with regard to the situation in Austria.