Legal framework on freedom of religion and actual application
Austria protects religious freedom through a robust legal framework comprising constitutional provisions, laws, treaties, and international conventions. The 1920 Federal Constitutional Act and the State Basic Law on the General Rights of Citizens (reinstated in 1945 and revised in 2019) explicitly protect individuals’ rights to religious belief and affiliation and prohibit religious discrimination.[1] This protection encompasses the freedom to join, leave, or abstain from joining any Church or religious community. Moreover, individuals are guaranteed the right to practise their religion, either individually or collectively, through worship, teaching, prayer, and the observance of religious customs.[2]
Article 2 of the State Basic Law on the General Rights of Citizens establishes that all citizens are equal before the law, and Article 7 of the Federal Constitutional Act goes on to explicitly prohibit privileges based on birth, sex, estate, class, or religion.[3] Articles 13 and 14 of the State Basic Law also protect freedom of expression, belief, and conscience.[4] Furthermore, Austrian law permits alternative service for conscientious objectors to military service.[5]
Article 189 of the Austrian Criminal Code criminalises the disruption of worship services.[6] Articles 126 and 128 impose enhanced penalties for damage to or theft from places of worship or sacred objects. Additionally, Article 188, often referred to as Austria’s blasphemy law, stipulates that publicly disparaging or mocking a person or object of veneration of a domestic Church or religious society, or its doctrines and practices, can lead to criminal charges.[7]
Section 283 of the Austrian Criminal Code criminalises public incitement to violence or hatred against groups. It also penalises public insults or contemptuous remarks intended to damage the human dignity of these groups.[8] In January 2021, the Law to Combat Hate on the Internet[9] came into force, which mandates that online platforms meeting specific criteria must remove illegal content, including hate speech, within a designated timeframe. Nevertheless, in November 2023, the European Court of Justice (ECJ) ruled in favour of tech companies challenging the law. The Court found that the law conflicted with EU regulations, which stipulate that online service providers are subject only to the laws of the country where they are established. In this case it was Ireland, where the tech companies have their European headquarters.[10]
Austria is a secular nation with a legal system that maintains religious neutrality.[11] Historically, it has a unique relationship with the Roman Catholic Church, formalised through a 1933 Concordat with the Holy See, which addresses various aspects of that relationship, including educational and financial matters.[12]
Austrian law classifies religious groups into three categories: legally recognised Churches and religious communities, religious confessional communities, and associations.[13]
Legally recognised Churches and religious communities have the right to public worship, self-governance, and the establishment of schools eligible for state funding. They can also offer religious instruction in both state and private schools. Legal recognition endows a Church or religious community with the status of a corporate body and private legal personhood.[14]
To be considered a religious community, a group must either have been recognised before 1998 or meet strict criteria, including a membership of at least 0.2 percent of the population and a 20-year existence, with at least 10 years as an organised group and five as a confessional community.[15] Groups that do not meet these criteria can apply for recognition as a confessional community, which grants legal status but without financial, immigration, or educational benefits. To qualify, they must have at least 300 members living in Austria and submit governing statutes and a description of their religious doctrines. The Office for Religious Affairs (ORA), under the Federal Chancellery, determines their eligibility.[16]
The federal government subsidises religious education in schools for members of officially recognised Churches and religious communities. Attendance is mandatory unless formally withdrawn (with parental consent for those under 14). Ethics classes are available for those not attending religious instruction. Additionally, both state and private schools have compulsory teaching on tolerance, and specifically religious tolerance, across the curriculum, including in German and history lessons.[17]
Austrian law bans full-face coverings in public, with exceptions for cultural, health, or professional reasons. The law aims to promote integration and peaceful coexistence. Violating the law results in a €150 fine. Religious headwear is allowed in ID photos as long as the face is visible.[18] In 2022, the European Court of Justice ruled that private businesses were allowed to ban religious clothing and symbols if the policy is applied neutrally to all employees.[19]
In 2021, Austria enacted changes to its Islam Law, introducing an “Islam Map” and establishing an Observatory for Political Islam (OPI) as part of anti-terrorism measures following the November 2020 terrorist attack.[20] The Islam Map aims to provide transparency regarding Islamic institutions in Austria, however, it has faced criticism from Muslim groups, who expressed concerns that it could be misused by extremists to target places of worship.[21] The law also mandates the registration of all imams in the country and prohibits symbols associated with extremist organisations. These measures are intended to enhance security and integration efforts, however, they have sparked debates about their potential impact on religious freedom and the Muslim community in Austria.[22]
In October 2023, Austria’s federal government, in response to the worldwide increase in attacks on religious minorities, established the Ombudsman’s Office for the Protection of Persecuted Religious Minorities within the Office of Religious Affairs in the Federal Chancellery. In May 2024, this office was restructured into an independent body known as the Department for International Protection of Persecuted Religious Minorities. Now operating under Directorate II of the Federal Chancellery, the Department is responsible for promoting freedom of religion or belief worldwide and advocating for the rights of persecuted religious minorities at the international level.[23]
Although Austria was long regarded as a Catholic nation, the proportion of practising Catholics in the population has dwindled to just three percent. Meanwhile the proportion of Muslims in the population has grown rapidly to over eight percent.
Incidents and developments
In 2023, Austrian police recorded 700 hate crimes directed against people because of religion. Of these cases, 263 were antisemitic crimes, 229 were anti-Muslim crimes, 150 crimes were against Christians, and 58 against other religions.[24] The report highlights that hate crimes with a religious motive were the third highest category in 2023, after crimes motivated by prejudice concerning “world view” and “national or ethnic origin”.[25]
The 2023 Organisation for Security and Co-operation in Europe (OSCE) Hate Crime database also includes hate crime cases reported by civil society. These showed 42 anti-Muslim hate crimes, including 19 violent attacks against people, 19 property crimes and four threats. There were 39 antisemitic hate crimes, consisting of 19 violent attacks against people, 17 crimes against property and three threats. The total number of anti-Christian hate crimes was 22, consisting of 13 attacks on property, seven threats and two violent crimes.[26]
The Reporting Centre for Antisemitism of the Jewish Community of Vienna (IKG Wien) documented 1,147 antisemitic incidents in 2023, marking a 59.5 percent increase from 2022 (719 incidents). The figure also exceeds the 965 incidents recorded in 2021, making 2023 a historically virulent year for antisemitic incidents. The increase is largely attributed to the fallout following the Hamas terrorist attack on Israel on 7 October 2023. Before that, the daily average of reported cases was 1.55. However, the attack set in motion a fivefold increase, and from 7 October to 31 December 2023, there were 8.31 incidents per day.[27]
The trend continued into 2024, with the IKG registering 808 antisemitic incidents in the first half of the year. The nature of these incidents ranged from physical attacks to threats, vandalism, and hate speech.[28] Physical assaults rose from six in early 2023 to 16 in early 2024. Threats increased from four to 22 during this same period. The majority of these incidents were attributed to anti-Israel sentiments, followed by Holocaust denial or relativisation.[29]
The IKG warns that the actual number of incidents is likely higher due to underreporting. Many victims hesitate to come forward, partly due to the climate of fear following 7 October 2023 and the way it has been publicly celebrated by some agitators. In Vienna, individuals danced on and around the memorial to the victims of the Nazi military court on Ballhausplatz. Later, a convoy of cars adorned with Palestinian flags drove through Vienna’s 2nd district, an area known for its large Jewish population, honking in what was perceived as a deliberate act of intimidation. Such incidents have fostered fear among Jewish residents and a reluctance to speak up for themselves.[30]
In response to these developments, the government has implemented several new measures including the National Strategy Against Antisemitism (NAS), which outlines 38 action points across education, security, and civil society sectors. In March 2024, the Austrian government launched a Package of Measures Against Online Antisemitism, aiming to curb digital hate speech and strengthen cooperation with online platforms.[31] Austrian officials have also publicly condemned antisemitic incidents, an example being Chancellor Karl Nehammer’s denunciation of the November 2023 vandalism and arson attack on Vienna’s Jewish cemetery.[32]
In its 2023 annual report, the Observatory for Political Islam (OPI) highlighted a concerning rise in Muslim antisemitism, particularly following the events of 7 October 2023.[33]
During the reporting period, the Observatory on Intolerance and Discrimination Against Christians in Europe (OIDAC Europe) reported 31 anti-Christian incidents in Austria, including physical assault, burglaries, arson, and vandalism of churches and public Christian symbols.[34]
A Christian missionary, Lahzy Hefzalla Girgis, reported that he regularly received death threats and was physically assaulted because of his message that “Jesus is God” at his Christian bookstall, which he has exhibited in different districts of Vienna. On 5 May 2023, his bookstall was surrounded and attacked by a mob, and Bibles were stolen.[35] On 28 February 2024, two men sprayed him in the eyes with pepper spray, and he had to be treated in hospital.[36]
On 16 July 2023, two teenagers stood trial in Leoben, facing charges of terrorist association and involvement in a criminal organisation. They had been planning an attack on the MS Bruck School since early 2022. During questioning, the suspects admitted their intention to “shoot all the Christians in the class”, adding that “killing Christians will take us to paradise”.[37]
In December 2023, the Heiligenkreuz Abbey received a telephone call in which the caller stated, “Convert to Islam, or I will bomb you.”[38]
Christian places of worship were also vandalised during the reporting period. In July 2023, statues of Jesus and Mary were beheaded in a prayer garden in a district of Vienna.[39]
In July 2024, a man drove a lorry into a building belonging to the Pentecostal Elim church in Brunn am Gebirge.[40] He was found to be suffering from a personality disorder but was nonetheless sentenced to six years in prison.[41]
The Documentation and Counselling Centre on Islamophobia and Anti-Muslim Racism (Dokustelle Austria) recorded 1,522 cases of racist attacks against Muslims and individuals perceived as Muslim in 2023. This is the highest number of incidents tallied since records began in 2015. A significant surge was observed after the 7 October 2023 Hamas attack on Israel.[42]
According to the aforementioned report, a drastic increase in reported cases occurred in schools, particularly during the month of May 2023, which coincided with a study conducted in the educational sector affecting numerous Muslim students.[43] Moreover, the report noted that girls and women were disproportionately targeted with consideration given that the cases involved discrimination against individuals wearing headscarves, a practice predominantly observed by Muslim women.[44]
Notably, two-thirds of the documented cases occurred online, while one-third took place offline. The majority (87.8 percent) of online cases involved hate speech, in which Muslims were abased and compared to animals.[45]
Cases cited in the report included a Muslim woman being refused entry to a swimming pool because she was wearing a full-body swimsuit (burkini), which the facility deemed inappropriate. In another case, two people were shot with an air rifle: a 46-year-old woman wearing a headscarf and a 26-year-old man.[46]
In September 2023, an unknown person left a pig’s head at the entrance of a mosque in Graz. The mosque is affiliated with the Turkish-Islamic Cultural and Social Association (ATIB). The attack was condemned by ATIB, the Turkish Ambassador, and the Islamic Religious Community in Austria (IGGÖ).[47]
In February 2023, the ATIB had featured in a report by the Austrian Integration Fund (Österreichischer Integrationsfonds or ÖIF), an agency set up jointly by the Austrian government and the UNHCR to help with the integration of immigrants into Austrian society. The report’s lead author, Heiko Heinisch, described the ATIB as "one of three major players of international Islamism” in Austria which were “actively working against the integration of Muslims into society”. The report expresses particular concern about the IGGÖ-controlled Al-Hidaya Mosque in Vienna which, it says, “rejects, as a matter of principle, Austria and Austrian society, its values, its laws and its constitution”.[48]
In May 2023, Austria’s Education Minister, Martin Polaschek, and the Rector of the University of Vienna, Sebastian Schütze, publicly distanced themselves from a controversial survey conducted by the university’s Institute for Islamic Studies. The survey included questions posed to Muslim pupils such as whether they agreed with statements like: “It's disgusting when homosexuals kiss” and “When women wear miniskirts or revealing clothing in public, they signal sexual willingness.” Critics, including the IGGÖ, condemned the survey for being biased and inappropriate for children, particularly for including questions on sensitive social and cultural issues.[49]
During Austria’s 2024 federal election campaign, the far-right Freedom Party (FPÖ) faced criticism for its anti-migrant rhetoric, particularly its promotion of “remigration” policies targeting individuals with migrant backgrounds.[50] The General Secretary of the Austrian Bishops’ Conference, Fr. Peter Schipka, criticised the FPÖ for using the biblical phrase “Your will be done” on its billboards, an action which he saw as disrespectful.
During the reporting period, Islamist extremists continued to target not just religious communities but also Austrian society in general. In a raid on 7 August 2024, special forces seized €21,000 of counterfeit currency, large stabbing weapons and bomb-making materials. They went on to arrest two young men with Balkan and Turkish roots. One had sworn allegiance to Daesh (ISIS), and the other attended the Islamist Tawhid Mosque in Vienna. The two were planning a large-scale attack at a Taylor Swift concert in Vienna, and although some 200,000 tickets had been sold, the organisers cancelled the event after police discovered that the staff team at a venue had been infiltrated.[51]
In February 2025, a Syrian, also affiliated to Daesh, stabbed passers-by in the southern Austrian town of Villach killing a 14-year-old boy and wounding five others; that same month police arrested a teenager with Turkish roots who was planning an attack at a Vienna rail station.[52]
Prospects for freedom of religion
Austria continues to respect religious freedom and has maintained a comprehensive legal framework to guarantee this human right. The country’s legal protections, including the Federal Constitutional Act and specific provisions under the Austrian Criminal Code, help maintain a neutral and secure environment for religious expression.
However, despite these legal safeguards, recent incidents of hate crimes and discrimination against religious groups, especially Jews, Muslims and Christians, highlight persisting challenges.
The rise in antisemitic and anti-Muslim incidents in the aftermath of the October 2023 attacks has exacerbated tensions and created an atmosphere of fear, particularly within affected communities. Although the federal government has implemented various initiatives, including the National Strategy Against Antisemitism (NSAA) and measures targeting online hate speech, the persistence of discriminatory acts, both online and offline, suggests further actions are needed.
Austria’s efforts to promote religious tolerance through education and legislation are crucial, but these measures must be consistently reinforced to combat intolerance and ensure religious freedom for all. Despite increasing societal tensions, the federal authorities have implemented concrete measures and created investigative bodies to offer better protection to religious groups, which is a positive trend for the country.
Sources
Austria