Legal Framework
The constitution declares there is no state church and individuals can belong to any religious group and practice any religion alone or in community with others, unless doing so is “detrimental to public order, health, or morals.” The constitution also prohibits incitement of religious hatred, violence, or discrimination. According to the penal code, an act inciting hatred is a crime if it results in danger to the life, health, or property of a person. The law also states violations are punishable by fines or up to three years in prison. The constitution recognizes the right to refuse military service for religious reasons but requires conscientious objectors to perform alternative service for the same amount of time required for military service as provided by law.
The government has laws and mechanisms in place for property restitution, and NGOs and advocacy groups report no problems with the government’s resolution of Holocaust-era claims, including for foreign citizens. All communal or private property claims have been generally resolved through existing legislation, and there are no known outstanding property claims.
Discrimination based on religion is only prohibited for employment. In this instance, there is no mechanism for affected individuals to receive state assistance or to claim compensation.
The law criminalizes activities that publicly incite hatred, violence, or discrimination based on religion or other minority status if they result in danger to the life, health, or property of a person. Violators are subject to a fine or detention. The law prohibits any activity that knowingly interferes, without legal grounds, with the acknowledgement or declaration of religious beliefs or the absence thereof, or the exercise of religion or religious rites. Violators are subject to a fine or up to one year’s imprisonment.
The law regulates the activities of religious associations and religious societies. Religious associations are defined as churches, congregations, unions of congregations, and monasteries. The law requires religious associations to have a management board. The management board has the right to invite a minister of religion from outside the country. At least half the members of the management board must reside in the country, in another member state of the European Economic Area, or in Switzerland. The elected or appointed superior of a monastery serves as the management board for the monastery. Religious societies are defined as voluntary organizations whose main activities include religious or ecumenical activities relating to morals, ethics, and cultural and social rehabilitation activities outside the traditional forms of religious rites of a church or congregation. Religious societies do not need to affiliate with a specific church or congregation.
The registration office of the Tartu County Court registers all religious associations and religious societies. To register, a religious association must have at least 12 members, and its management board must submit a notarized or digitally signed application, the minutes of its constitutive meeting, and a copy of its statutes. The law treats registered religious associations as nonprofit entities entitled to some tax benefits, such as a value-added tax exemption, if they apply for them.
The law does not prohibit religious activities by unregistered religious associations. Unregistered religious associations, however, may not act as legal persons. Unlike registered religious associations, unregistered associations are not eligible for tax benefits.
Religious societies are registered according to the law governing nonprofit associations and are entitled to the same tax benefits as religious associations. To register as a nongovernmental association (NGO), a religious society must have a founding contract and statutes approved by its founders, who may be physical or legal persons. The minimum number of founders is two. The society must submit its registration application either electronically or on paper to the Tartu County Court registry office.
The law requires the commanding officer of each military unit to provide its members the opportunity to practice their religion. Prison directors must also provide the opportunity for inmates to practice their religious beliefs. The state funds police and border guard, military, and prison chaplains, who may belong to any registered religious denomination, and it must guarantee religious services for prisoners no matter their religious beliefs.
Optional basic religious instruction is available in public and private schools and is funded by the state. All schools must provide religious studies at the primary and secondary levels if students request these studies. The courses offer a general introduction to different faiths. Religious studies instructors may be lay teachers. There are also private religious schools. All students, regardless of their religious affiliation or nonaffiliation, may attend religious schools. Attendance at religious services in religious schools is voluntary.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
During the year, government authorities expressed concern that the Russian government was attempting to spread disinformation supporting its war of aggression in Ukraine through the EOCMP. In January, a political movement known for its pro-Russian government statements announced in a video with Valery Reshetnikov, the head of the EOCMP and the Metropolitan Bishop of Tallinn and all Estonia, there would be a prayer for peace on February 22, the one-year anniversary of the Russian military invasion of Ukraine, at the EOCMP’s Alexander Nevski Cathedral. When the Interior Minister requested an explanation from Reshetnikov about the event, the EOCMP cancelled the prayer and closed the church on February 22, stating the church was not involved in politics. “Once again, we declare that the position of our Church regarding participation in political activity remains unchanged. The Church is outside of politics, and therefore we do not participate in any political or election campaigns.”
During the year, the government registered two new religious organizations, the Estonian Islamic Shura Council Dar al-Iftaa Congregation and the Pentecostal Worship Congregation in Estonia, as NGOs in its official registry. According to MOI official data, there are more than 600 religious associations registered with the government.
The MOI granted €672,011 ($743,000) to religious associations, of which the ECC received the largest amount, €530,000 ($586,000) or approximately 8 percent less than in 2022. The council comprises 10 Christian churches, including the Lutheran Church and both the EOCMP and the AEOC, and encompasses the country’s largest Christian communities. In addition to the ECC, the MOI provided smaller grants to the Jewish Community, the Muslim Community, and the EELK for diaspora work among Estonians abroad. The government continued to fund ecumenical activities, including Estonian Broadcasting Company’s ecclesiastical broadcasts, the work of churches to support youth, activities promoting interreligious dialogue, and religious publishing. The Ministry of Education and Research provided an equal level of financial support to all private schools, including religious private schools.
The government’s annual state budget included funds for preservation of architectural and cultural heritage, including for restoring historic buildings used for religious purposes. During the year, the National Heritage Board of the Ministry of Culture granted approximately €4.16 million ($4.6 million) to the restoration and preservation of religious buildings through three calls for proposals. The board provided grants to the EELK, the AEOC and the EOCMP, as well as the Russian Old Believers. Parliament also granted an additional €180,000 ($199,000) through the National Heritage Board to the EELK and Estonian Evangelical Brethren Church.
The government has laws and mechanisms in place for property restitution, and NGOs and advocacy groups reported no problems with the government’s resolution of Holocaust-era claims, including for foreign citizens. According to MOI’s Office of Religious Affairs and the Jewish Community of Estonia, there were no problems with outstanding claims nor were any new claims filed for property restitution during the year.
The government is a member of the International Holocaust Remembrance Alliance.
On January 27, the government held its annual memorial event for Holocaust Remembrance Day at the Rahumae Jewish Cemetery in Tallinn. The Minister of Education and Science, various ambassadors, other members of the diplomatic corps, and Estonian Jewish Community leaders participated in the event. Another event to commemorate the deportation of three hundred French Jews to Estonia in 1944 was held at a memorial in the Lasnamae District of Tallinn on January 27. Tallinn city officials, the Ambassador of Israel to Estonia and Finland, other members of the diplomatic corps, and Estonian Jewish Community leaders participated in the event.
Schools participated in commemorative activities for International Holocaust Remembrance Day by visiting the Estonian Jewish Museum and learning about the history of the Jews in the country. Children learned about antisemitism, the Holocaust as a crime against humanity, and Jewish culture and history. The Ministry of Education and Research organized a three-day winter school program on January 27-29 in cooperation with the Estonian Institute of Historical Memory where students learned about antisemitism and the Holocaust, as well as Jewish culture, customs, and history.
Board members of the ECC met with President Alar Karis on May 22 to discuss its activities, including celebrating the “season of creation” for the first time during the year. The board expressed concerns about some developments in the country, including legislative processes. They also discussed having regular meetings between the president and the ECC board and between the president and church leaders. The ECC also discussed the possibility of organizing and broadcasting worship services for national anniversaries on state television.
In May, the government ended its 1995 agreement with the EELK to establish a joint commission to discuss cultural, social, educational, and legal issues. The Interior Minister stated because there is no state church, the government cannot favor one over another. The ECC includes the EELK and continued to consult with the government on various issues.
The 2023 General Assembly of the Conference of European Churches was held in Tallinn on June 14-20, with over 300 participants representing member churches from across Europe.
In September, Ecumenical Patriarch Bartholomew of Constantinople arrived on an eight-day official visit to the country in honor of to the 100th anniversary of the autonomy granted to the AEOC in 1923 and the thirtieth anniversary of its reestablishment after Estonia gained independence from the Soviet Union. The Ecumenical Patriarch met with the Estonian President, Prime Minister, Interior Minister, mayor of Tallinn, and local government officials as he traveled to AEOC parishes across the country to deliver worship services. According to a report from the Orthodox Times, senior officials expressed appreciation for the Ecumenical Patriarch’s visit and support, which occurs every 10 years.
On October 25, the MOI sent a letter to the Jewish Community of Estonia expressing support for the community in the wake of increased antisemitism following the October 7 Hamas terrorist attacks against Israel.
On November 27, the board of the ECC met with the Estonian Public Broadcasting agency (ERR) to discuss future cooperation, including the possibility for the Church to broadcast Church-related news on television and radio through the ERR.
On December 7, the Archbishop of the EELK, Urmas Viilma, announced the launch of a petition to make nondenominational Christian religious education a compulsory subject in schools.
