They criticize possible repeal of the crime of offenses to religious feelings

Experts in defense of religious freedom reject the announcement of an upcoming repeal of the crime of offending religious feelings that the Government of Spain would be considering implementing within the framework of a plan called “democratic regeneration”, presented this Wednesday by the President of the Government, Pedro Sánchez.

In the last few hours, Sumar, a political platform of communist ideology, whose deputies are part of the Executive in coalition with the Spanish Socialist Workers Party (PSOE), has assured that it has reached an agreement for the repeal of the type included in the article 525 of the Spanish Penal Code.

This section specifies that “those who, in order to offend the feelings of the members of a religious denomination, publicly, verbally, in writing or through any type of document, make mockery of their dogmas, beliefs, rites or ceremonies, or humiliate, also publicly, those who profess or practice them.”

The same penalties apply to those who publicly mock, orally or in writing, those who do not profess any religion or belief.

The Spanish Foundation of Christian Lawyers, which has repeatedly denounced different people and institutions for the possible commission of this crime, has expressed its “dissatisfaction” with the announcement in a statement.

The entity of jurists considers that, although the measure is taken within the framework of a plan that claims to contribute to democratic regeneration and the protection of freedom of expression, “it is a direct attack on the freedoms of believers.”

In his opinion, “anything that offends, harasses or insinuates something about certain groups is prosecuted as a hate crime, however, against Catholics it seems that everything is allowed.” In this sense, he remembers that the PSOE denounced a person who broke a piñata with the image of President Sánchez with a stick, “considering that it could constitute a hate crime.”

For her part, María García, president of the Observatory for Religious Freedom and Conscience (OLRC), an institution that each year prepares a report on attacks on religious freedom in the country that is a reference for other international studies, stated in a statement that “with this Government, believers are second-class citizens with fewer rights.”

If the announced repeal of the criminal offense relating to offenses against religious feelings is carried out, “it will be completely free to mock people who practice a religion.”

“With this agreement, the Executive deviates from the legal protection of the majority of the countries of the European Union. While this Government protects other groups, it leaves believers legally helpless,” he denounces.

A crime contemplated in the European Union

According to the report The legal protection of religious freedom in the EU, published by the OLRC, 21 of the 27 member states of the European Union contemplate the crime of offending religious feelings. Only Ireland, Sweden, Estonia, France, the Czech Republic and Croatia do not contemplate it, while Greece contemplates the crime of blasphemy.

Among the countries that contemplate these crimes, some impose penalties two or three times more serious, as is the case of Germany and Bulgaria.

The report also includes 30 “attacks on religious feelings in Spain” so far in 2024.

On the other hand, article 9 of the European Convention on Human Rightsratified by all member countries, recognizes freedom of thought, conscience and religion, and states that “everyone has the right to freedom of thought, conscience and religion, to freely practice their religion in private and in public, and change your religion if you want.”

In the opinion of the OLRC, “the article of the penal code that protects religious feelings promotes peaceful coexistence among all citizens. Therefore, it is important to preserve it,” even more so when “religious intolerance is increasing in Spain, especially against Catholics.”