Hungary's New Constitution and Its New Law on Freedom of Religion and Churches: The Return of the Sovereign

on Jan 1, 2012, Hungarians witnessed the passage of their new Constitution, called the Fundamental Law of Hungary. It added important transitional provisions on church status and a new cardinal law on freedom of conscience and religion, the legal status of churches, religious congregations, and religious communities. The new Constitution introduced changes in tone as well as in substance in the legal regime applicable to freedom of religion and church-state relations. The lasting impact of this cannot be filly appreciated yet; nonetheless, the first measures indicate clear departures from European and international human rights standards. The new Constitution in its chapter entitled "Freedom and Responsibility" guarantees the right to freedom of thought, conscience and religion as an individual right (Article VII(1)), prohibits discrimination on the basis of religion (Article XV(2)), and also provides for the continued separation of church and state (Article VII(2)).