Act on the Recognition of Religious Communities and on Relations between the State and Public-Interest Recognized Religious Communities (LRCR) - Purpose and Scope (LRCR)

1. This law aims to define the conditions, procedure, and effects of the recognition of a religious community (hereinafter: the community) as well as the relations between the State and a recognized religious community (hereinafter: the recognized community).

1. Any community, with its headquarters in the canton and that meets the conditions set forth in Articles 4 and following, may, through a substantiated petition, request to be recognized as an institution of public interest.

2. Every recognized community is subject to its own specific law (Art. 172 para. 1 Cst-VD [A]).

1. Communities are autonomous in relation to the State and the communes. As such, and within the limits set by law

a. they organize and manage their resources and property freely;

b. they enact the rules necessary for their organization and the accomplishment of their tasks.

1. The community seeking recognition must fulfill the conditions set forth in this chapter.

1. The applicant community acknowledges the binding nature of the Swiss legal order, particularly constitutional rights, in matters of religion and belief, as well as international law pertaining to human rights and fundamental freedoms, which establishes the prohibition of all forms of discrimination, particularly between men and women in society.

1. The applicant community respects the constitutional rights of its members, particularly the freedom of conscience and belief.

1. The applicant community shall refrain from spreading any doctrine aimed at demeaning or disparaging another belief or the individuals who identify with it.

2. It shall refrain from any proselytism contrary to Swiss legal order.

1. The applicant community respects democratic principles.

2. It refrains from any speech or practice that contravenes or calls for contravention of these principles.

3. Its bodies are defined, and its members express their views on its functioning.

1. The applicant community shall keep its accounts in accordance with the provisions on commercial accounting of the Code of Obligations [B].

1. The applicant community further fulfills several of the following conditions

a. having religious activities throughout the cantonal territory;

b. exercising a social and cultural role;

c. committing to social and religious peace;

d. participating in ecumenical and/or interreligious dialogue.

2. Consideration is given to the duration of establishment in the canton, the number of its members, as well as the ability of its representatives, including religious leaders, to express themselves in French. Specific knowledge of Swiss law, as well as in the interreligious field, is also required from the representatives and religious leaders of the applicant communities.

3. A regulation [C] adopted by the Council of State specifies these conditions.

1. A recognized community may conduct chaplaincy services in hospital and penitentiary establishments for any person who gives consent and declares themselves to be of the religion of the concerned community, or for any person who accepts it.

1. The State may grant a subsidy to recognized communities insofar as they participate in a joint mission within the meaning of the law on relations between the State and recognized public law Churches [D].

1. The Tax Exemption for Recognized Communities is Governed by Federal [E] and Cantonal [F] Tax Legislations.

1. The recognized community receives data checks from the residents of the municipalities or from the Cantonal Register of Persons, including data extracts of individuals who have declared their affiliation to the religion of the concerned community and authorized the transmission of this data, in accordance with the terms set out by the Vaud law implementing the Federal Act on the Harmonization of Registers [G] and the law on the control of residents [H].

2. ...

3. ...

4. The recognized community is required to regularly update its records to comply with the data communicated to it, according to paragraph 1 above.

1. Recognized communities may operate computer files. The legislation on computer files and the protection of personal data [I] applies by analogy.

1. The State and the municipalities consult the recognized communities on any project that concerns them.

1. Prior to the examination of the request, the community signs a preliminary declaration of commitment.

2. The Council of State determines the content of the declaration.

1. The community shall attach a copy of its statutes along with the documents required by the department in charge of religious affairs (hereinafter: the department) [J] to its application.

1. The department examines whether the conditions set forth in Chapter II of this law are met.

2. It may undertake additional investigative measures, including seeking assistance from experts, and/or members of already recognized religious communities, and/or requesting information from the applicant community.

1. The department may delegate the review of the application for recognition to a committee appointed by the Council of State.

2. This committee issues an advisory opinion that does not bind the department.

1. If the conditions for recognition are met, the department proposes to the Council of State a draft law recognizing the community and establishing its relations with the State.

1bis. If the conditions for recognition are not met, the department submits to the Council of State a draft decree proposing the rejection of the recognition request by the Grand Council.

2. The community is informed of the proceedings' outcome before any public communication.

1. Once the bill or decree is adopted by the Council of State, the legislative procedure continues in accordance with the law on the Grand Council [K].

2. The law or decree adopted by the Grand Council is subject to appeal to the Constitutional Court.

1. The department ensures that the community complies with the conditions related to recognition.

1. The department may require the community, to the extent necessary for monitoring and control, to present the annual accounts, the articles of association, or any other relevant documentation.

1. The community informs the department of any statutory modifications.

1. Municipalities shall annually transmit to the department statistics concerning the religion declared by persons residing in their territory.

1. If the recognized religious community receives a subsidy from the State, the provisions of Chapter VI of the law on the relations between the State and the recognized public law Churches [D] are applicable to it.

1. In the event of a violation of one of the conditions related to recognition or non-compliance with articles 23 and 24 above, the State Council may impose the following sanctions on a recognized community

a. issue a warning to it;

b. withdraw one or more prerogatives from it;

c. propose to the Grand Council the withdrawal of recognition.

1. Prior to any sanction, the Council of State shall inform the recognized community in writing of the alleged violation and the initiation of proceedings against it.

2. The community shall be heard by the Council of State, which may delegate this authority.

1. The warning to the community contains the threat of the withdrawal of one or more prerogatives or of recognition.

2. Regulation [C] specifies the modalities and procedure.

1. A prerogative is withdrawn for a minimum duration of one year.

1. The Council of State appoints an advisory commission on religious matters at the beginning of each legislative term.

2. Its operation is governed by a regulation of the Council of State.

1. The department may grant a subsidy, as financial aid, in the form of a monetary benefit, to legal entities whose purpose is to inform the public and municipal and cantonal authorities about active religious movements, especially in the Canton of Vaud.

2. Applications for subsidies are submitted in writing to the department, accompanied by all useful or required documents. In particular, the applicant organization must attach its budgets and accounts, the activity report of the previous year, as well as a document listing all the subsidies, aids, and credits requested or obtained, to its application.

3. The subsidy is granted for a maximum of five years by specific agreement or decision of the head of the department, who determines the amount based on the detailed budget of the beneficiary's activities. It may be subject to renewal, subject to a re-examination of the file.

4. The specific agreement or decision specifically sets the objectives for granting the subsidy, the activities for which it is deployed, as well as the charges and conditions to which the subsidy is subject.

5. The department, through the service responsible for religious affairs, conducts the procedure for monitoring and controlling subsidies on an annual basis. It ensures that the subsidy is used in accordance with its purpose and that the beneficiary complies with the terms of the specific agreement or decision. To this end, it examines the annual accounts as well as the activity report.

6. The subsidized organization is subject to the obligation to provide information in accordance with Article 19 of the Subsidy Act [L].

7. The department may revoke or reduce the subsidy or demand its full or partial repayment under the conditions of Article 29 of the Subsidy Act.

1. This law shall enter into force on January 1, 2007.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the cantonal Constitution and shall enact it, by decree, in accordance with Article 31 above.