Legal framework on freedom of religion and actual application
Andorra is a parliamentary democratic diarchy (Article 43, 2).[1] The Coprinces are the President of France and the Bishop of Urgell, a diocese in Spain.
The Constitution of the Principality guarantees freedom of religion and provides that “freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others” (Article 11, 2).
The constitution acknowledges a special relationship between the Andorran state and the Catholic Church “in accordance with Andorran tradition” and “recognises the full legal capacity of the bodies of the Roman Catholic Church which have legal status in accordance with their own rules” (Article 11, 3). The Concordat of 2008 regulates relations with the Holy See.[2]
The constitution also provides that all persons are equal before the law and bans discrimination on the “grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition” (Article 6, 1).
In February 2019, the Andorran General Council (parliament) passed the Equal Treatment and Non-Discrimination Act,[3] which prohibits discrimination on the basis of birth, nationality or lack of nationality, racial or ethnic origin, sex or gender, religion, religious or philosophical beliefs, political or trade union opinion, language, age, disability, sexual orientation, gender identity, or any other personal or social condition or circumstance (Article 4, 2). The Act created the Office of the Ombudsman (Article 28) and the Equality Observatory (Article 29), also setting penalties for violations (Article 40).
Faith communities other than the Catholic Church are not accorded legal status as religious groups, but religious communities can be registered as cultural organisations under the Law of Associations.[4] Such registration is required to build places of worship or receive financial support from the government.[5]
Given its legal status, the Catholic Church enjoys a number of privileges which are not available to other religious groups. For instance, the government pays the salaries of foreign Catholic priests serving in local parishes. In contrast, foreigners who have religious functions on behalf of non-Catholic groups are unable to obtain permits as religious workers but are generally permitted to reside and perform religious work with a different immigration status.[6]
There are no mosques in Andorra, but the Muslim community has two prayer rooms. The Jewish community has a small synagogue and a community centre.[7]
In a 2024 report, the European Commission against Racism and Intolerance (ECRI) of the Council of Europe recommended, not for the first time, that Andorra address the lack of Jewish and Muslim cemeteries, grant a special status to minority religions, revise the legislation on establishing religious associations, and ensure that Muslims have adequate prayer rooms.[8] Following these recommendations, it has been announced that a multiconfessional cemetery will be opened in 2025 or 2026.[9]
At the beginning of April 2022, Law 10/2022, an amendment to Andorra’s education law, was passed unanimously. It prohibits both school employees and students from displaying “religious symbols and signs” in schools. The law also includes a provision to allow students the option of studying a secular alternative to the Catholic religion.[10]
Incidents and developments
In the period under review, there were no reported violations of religious freedom in Andorra.
Until now, Jewish and Muslim communities have just been permitted to use existing cemeteries, not having a distinct one for their own use. As a result, most have chosen to bury their dead outside the country.[11] In June 2023, the government announced that it had found a site for a multinconfessional cemetery, and by the end of the year, planning was underway.[12]
Members of the Muslim community have raised concerns that religious head coverings have to be removed for photographs on official documents.[13]
Andorra regularly provides data to the Organisation for Security and Co-operation in Europe’s annual hate crime database. Its last submitted data was for 2023, recording seven hate crimes, none of which was related to religion or belief.[14]
In April 2022, the prohibition of religious symbols in schools as a result of the change to the education law directly affected an 11-year-old girl who was not allowed to wear a hijab in school. The Constitutional Court had previously said that the school’s ban on such symbols was unconstitutional and accepted that the girl was wearing the hijab of her own volition.[15] The child has been accommodated by the state allowing her to do distance education, whereas her brothers must physically attend school.[16] In November-December 2023, the family faced custody issues over their twin boys following accusations of abuse by the father. The mother complained to the local media that while her twin sons were in the care of social services, they were forced to eat pork. She further alleged that both they and their sister have suffered mistreatment as a result of their Muslim faith.[17]
Prospects for freedom of religion
Andorra, being a microstate situated between Spain and France, is unique. The number of adherants of its minority religions, including Judaism and Islam, is incredibly small. Except for the potential case cited above, no significant violations of religious freedom have occurred in the nation since the last report. Moreover, the government has taken positive steps to allow the Muslim and Jewish communities to bury their dead in their own dedicated cemetery. The prospects for religious freedom in Andorra remain very positive.
Sources
Andorra