Lithuania

Lithuania, a country in north-eastern Europe, is a parliamentary representative democratic republic with a multi-party system. In March 1990, it declared independence from the Soviet Union.[ref]https://www.britannica.com/place/Lithuania/Independence-restored[/ref] The country is a member of the EU, and NATO.

According to a population census conducted in 2011, the majority (77%) of the population identifies as Catholic, while around 6% of the population stated that they did not belong to any religious community. [ref]https://eacea.ec.europa.eu/national-policies/eurydice/content/population-demographic-situation-languages-and-religions-44_en[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Free and Equal

Constitution and government

The Constitution and other laws and policies protect freedom of thought, conscience and religion, as well as freedom of opinion and expression. These rights are generally respected in practice.

The Constitution provides that a person’s freedom to profess and propagate a religion may be limited only when necessary to protect health, safety, public order, or the fundamental rights and freedoms of others.

Article 43 of the Lithuanian Constitution states that “there shall not be a State religion in Lithuania.”[ref]https://www.wipo.int/edocs/lexdocs/laws/en/lt/lt045en.pdf[/ref] In practice however, several aspects of political life in Lithuania raise questions about this claim to secularism.

“Traditional” privilege

Lithuania formally distinguishes between “traditional” and other religions and beliefs. Article 5 of the 1995 Law on Religious Communities and Associations states that there are nine “traditional religious communities and associations existing in Lithuania, which comprise a part of Lithuania’s historical, spiritual and social heritage: Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical Reformed, Russian Orthodox, Old Believer, Judaist, Sunni Muslim and Karaite.”[ref]https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.385299?jfwid=16j6tpgu6w[/ref]

Other (non-traditional) religious associations may be granted state recognition “if they are backed by society and instruction and rites thereof are not contrary to laws and morality.”

By law these “traditional” religious groups enjoy benefits not available to others, including secular and non-religious groups, such as government funding determined proportionally, based on the number of believers recorded by the Department of Statistics. There is in fact no legal basis to support these payments to religious groups, who may use the funds at their discretion, with no duty to report to the State on how the money is spent.[ref]https://www.cambridge.org/core/services/aop-cambridge-core/content/view/E792DBAA94811AA92AE7D746ED4B9BEF/S0748081420000090a.pdf/the-legal-notion-of-traditional-religions-in-lithuania-and-its-sociopolitical-consequences.pdf[/ref]

Other privileges afforded to “traditional” religions include the right to teach religion in private or public schools, and the right to register marriages. The law allows all registered religious groups to own property for prayer houses, homes, and other uses and permits construction of facilities necessary for their activities.[ref]http://grease.eui.eu/wp-content/uploads/sites/8/2019/10/Lithuania-Report.pdf[/ref]

Education and children’s rights

Article 40 of the Constitution establishes public educational institutions as secular.[ref]https://www.wipo.int/edocs/lexdocs/laws/en/lt/lt045en.pdf[/ref] However, the law permits and funds religious instruction in public schools for “traditional” and other state-recognized religious groups. Parents may choose either religious instruction or secular ethics classes for their children. Schools decide which of the traditional religious groups will be represented in their curricula on the basis of requests from parents for children up to age 14, after which students present the requests themselves.[ref]https://www.15min.lt/en/article/politics/legal-experts-say-compulsory-religious-education-would-run-counter-to-lithuanian-constitution-526-315657[/ref]

The number of wholly private religious schools is relatively small. There are 30 schools with ties to Catholic or Jewish groups, although students of different religious groups often attend these schools.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/lithuania/[/ref] Catholic private schools receive the benefit of so-called ‘environmental’ funds from the State, under the 2011 Law on Education. These funds cover administrative costs, as well as heating, electricity and water expenses. Public educational institutions are not guaranteed these funds and must compete for these financial resources.[ref]https://repository.mruni.eu/bitstream/handle/007/16517/5443-12355-1-SM.pdf?sequence=1&isAllowed=y[/ref]

In 2016, the Minister of Education, Science and Sport approved a sex education programme. Representatives of the Catholic Church and its main organizational body, Lithuania’s Bishops Conference, were consulted during the design of the programme, which ended up adopting a family and abstinence-oriented approach towards sex education, as opposed to following science-backed recommendations from the WHO.[ref]https://repository.mruni.eu/bitstream/handle/007/16517/5443-12355-1-SM.pdf?sequence=1&isAllowed=y[/ref]

Family, community and society

Gender equality and LGBTI+ rights

The Catholic Church exerts a strong influence over Lithuanian politics, culture and society. Catholic priests are involved in most social councils and committees that provide input on State policy relating to ethics, education, and even reproductive rights. The Bishops Conference takes part in policy debates and rallies against abortion, sex education and LGBTI+ rights, and is involved in designing national family planning policy.[ref]https://www.awid.org/sites/default/files/atoms/files/feminists_on_the_frontlines_-_confronting_catholic_fundamentalisms_-_former_soviet_union_-_lithuania.pdf[/ref]

In June 2008, with the support of the Catholic Church, Parliament passed the National Family Policy Concept bill, which recognizes only those families that are based on the marriage of a man and a woman. According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), in the period between 2012 and 2018, the Lithuanian Parliament considered nine openly homophobic and/or transphobic legislative initiatives seeking to limit the rights and freedoms of LGBTI+ people. Lithuania remains one of a few jurisdictions in the European Union without any legal recognition of same-sex relationships. Moreover, the intense public debate around the anti-LGBTI+ legislative proposals has created a hostile atmosphere for LGBTI+ people in Lithuania.[ref]https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/LTU/INT_CCPR_NGO_LTU_31394_E.pdf[/ref]

Though currently legal, a proposal to ban abortion is debated in Parliament every year. The Draft Law, entitled Protection of the Embryo in the Prenatal Phase, would see abortion being legal only where there is danger to the mother’s life or health and for pregnancies resulting from rape or incest.[ref]https://www.liberties.eu/en/stories/abortion-ban-lithuania-human-rights-committee-parliament/14543[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression and of the press is guaranteed by law and respected in practice.