Article 18

The relationship between the State and the church

175. In January 2003 the Government appointed a committee to review the relationship between the State and the church, and to make recommendations as to whether the Church of Norway should continue in its present form, be reformed or be organised as a separate entity independent from the State. The committee is to submit its recommendation within 2005. Article 2, second paragraph, of the Constitution, which defines the relationship between the State and the church in Norway, will be considered in connection with the implementation of the Committee’s recommendation. There has been no proposal to repeal only the second sentence of the second paragraph of Article 2, which the Committee finds is incompatible with the Covenant (see paragraph 13 of the Concluding Observations of 1 November 1999), but this provision will be affected by a possible future reform. As to the (lack of) legal significance of the provision, reference is made to Norway’s fourth report, paragraphs 212 to 213.

Teaching of religion and moral education

176. On 3 November 2004, the Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the Covenant, adopted the view that the present framework of the subject entitled “Christian Knowledge and Religious and Ethical Education”, including the current regime of exemptions, as it had been implemented in respect of the authors of communication 1155/2003, constitutes a violation of article 18, paragraph 4 in their respect. At the time of submission of this report, the Norwegian Government has just received these views. They will now be studied closely, and their implications be decided upon.

Conscientious objectors

177. Act of 19 March 1965 No 3 relating to exemption from military service was amended by Act of 18 February 1999 No 7. The requirement that all applicants had to be questioned by the police in order to determine whether their pacifist convictions were sincere was abolished. The applicant now only needs to submit a formal statement expressing that his religious beliefs or his conscience prevents him from performing ordinary military service in order to be granted exemption. The competent authority can, however, request additional information and require the applicant to meet in person for an oral examination.