Restrictions of Religious Freedom as an Indicator of Militant Democracy: Instrumental Treatment of Religion in Spain in 2009-2019

Restricting religious freedom is one of the indicators that can testify to the
process of becoming militant democracy. Militant democracy is a theoreti-
cal category used for such a political regime, in which parliament and the
judiciary are equipped with legal means to restrict individual democratic
freedoms in order to defend democracy against those who are considered its
enemies. In this article, an analysis was carried out of how religious freedom
was restricted in Spain between 2009 and 2019. The main purpose of this
article is to answer the research question: What type of restriction of religious
freedom occurred in the period considered? What was the dynamics of vio-
lations of religious freedom? The research hypothesis is following: violations
of religious freedom in Spain in 2009-2019 point out to the instrumental
treatment of religion and the process of militant democracy. The study veri-
fied whether one of the indicators indicating to the process of militant de-
mocracy was implemented into Spain’s political system. The method used in
the study is qualitative source analysis. Sources used in the study are reports
from the United States’ Department of State from 2009-2019. Conclusions:
in Spain, most often were restrictions associated with the place of worship;
teaching religion in public schools; registering religious associations; coope-
ration agreements; financial issues and, above all, the possibility for citizens
to transfer part of their income to the Catholic Church or NGOs excluding
other faiths; religious symbols, main issues related to the prohibition of wearing certain parts of the wardrobe. The frequency with which restrictions on
religious freedom are imposed is sufficient to speak of Spain’s instrumental
treatment of religion, and thus the evident within this indicator process of
militant democracy.