Implementing Regulation of the Act of 9 January 2007 on the Recognition of Religious Communities and on Relations between the State and Religious Communities Recognized as of Public Interest (RLRCR) - Goal (RLRCR)
Table of Provisions (18)
Statutory Text (18 Provisions)
1. This regulation aims, in particular, to specify the conditions for the recognition of religious communities, the content of the preliminary declaration of commitment, and the procedure (Art. 10, 17, and 29 of the law).
1. Unless otherwise provided by law or in these regulations, the department in charge of religious affairs (hereinafter: the department) [B] is responsible for the implementation of the law on the recognition of religious communities and on the relations between the State and publicly recognized religious communities [A].
2. In the context of examining the application for recognition, the department may seek the opinion of the advisory committee on religious matters (art. 19a and 30a, para. 1 of the law).
1. The department examines whether the applicant community satisfies the conditions mentioned in Articles 2 and 4 to 10 of Law [A].
2. Among the four conditions of Article 10, paragraph 1 of the law, the applicant community must meet at least those of Article 10, paragraph 1, letters a, c, and d.
3. If the applicant community is constituted as a federation of associations, each of its members must satisfy the legal conditions for recognition.
1. The applicant community must be formally organized at the cantonal level.
1. The applicant community must have at least one place of worship on the cantonal territory, open to all its members residing in the canton.
**1. The petitioner community playing a role within Vaud society opens its social and cultural activities to a broader audience than just the members of the community concerned.**
1. The applicant community must commit to social and religious peace with all individuals and legal entities, including all churches and communities, as well as public authorities.
1. The applicant community must participate in interreligious and, where applicable, intrareligious dialogue through interreligious and/or intrareligious organizations or by participating in interreligious and/or intrareligious conferences or interreligious and/or intrareligious celebrations.
1. The duration of establishment of the religious community must exceed thirty years from the date of filing the application for recognition.
2. The duration of establishment must be certified by legal documents, by statutes, a lease agreement, or any other writing.
3. If the applicant community is constituted as a federation of associations, the duration of establishment is determined based on the founding date of the oldest association.
1. The necessary number of members of the applicant community is determined based on the community's duration of establishment and a percentage of the resident population in the Canton of Vaud
- thirty years: 3%
- forty years: 1%
- fifty years: 0.3%
- one hundred years: 0.1%.
2. The required percentages must be met by December 31st of the tenth year preceding the submission of the application for recognition.
3. If the applicant community is constituted as a federation of associations, the number of members is determined by the addition of the members of the member associations.
4. The applicant community shall provide the necessary elements to demonstrate that it indeed meets the required percentage as per paragraph 1.
1. The representatives and religious leaders of the applicant community must certify their proficiency in the French language, meaning that they must be capable of understanding French fluently and able to converse and express themselves publicly in French.
2. They must be able to provide opinions and support an argumentation in French.
1. The representatives and religious leaders of the applicant community must attest to their knowledge of the main fundamental rights recognized by the Federal Constitution, the Vaud Constitution, and the international human rights instruments ratified by Switzerland.
1. The representatives and religious leaders of the applicant community must attest to their knowledge of the cantonal religious diversity. In this respect, they must be familiar with, in addition to interfaith organizations and events, the religious foundations of the principal Churches and religious communities active in the canton, as well as their main representatives.
1. Once the application for recognition, along with its appendices, has been submitted to the department, the applicant community signs an initial declaration of commitment (déclaration liminaire d'engagement) approved by the Council of State. If the applicant is organized as a federation of associations, each of them must sign the declaration.
2. This declaration particularly clarifies the Swiss legal order by highlighting the principle of religious freedom and notably mentioning
- the prohibition of polygamy;
- the principle of the civil marriage ceremony as a prerequisite for a religious ceremony;
- that marriage can only be dissolved before civil courts and not before a religious authority;
- the prohibition of discrimination, particularly based on sex;
- the prohibition of repudiation, female genital mutilation, and corporal punishment;
- the mission of the public school, which provides politically and confessionally neutral education, based on scientifically established facts.
3. It reiterates the sole rights legally attached to recognition.
1. Once the initial declaration is signed, the department informs the requesting community of the subsequent procedure, including the period during which it will verify ongoing compliance with legal conditions.
2. The examination period is typically five years. This time is used to assess compliance with the commitments made by the requesting community and to implement integration projects concerning it.
1. The department informs the requesting community of the progress of the procedure. It announces its decision to close the period of verification of compliance with legal conditions, with a view to submitting its advisory opinion to the Council of State.
2. If the department intends to submit to the Council of State a draft decree rejecting the request for recognition, it informs the requesting community and sets a deadline for it to provide its position.
1. When the department becomes aware of a case provided for in Article 27 of Law [A], it shall inform the Council of State without delay.
2. The Council of State shall notify, by registered post, the representatives of the recognized community of the initiation of proceedings against it and the alleged violation, as well as the sanctions provided for in Article 27 of the law.
3. The Council of State may grant the recognized community a reasonable period of time to comply.
1. The Department of Institutions and Security is responsible for the implementation of this regulation, which comes into effect on January 1, 2015.