The Preamble to the Constitution of the Argentine Nation invokes the protection of God, the source of all reason and justice. Article 2 states that “The Federal Government supports the Roman Catholic Apostolic Faith.” Article 14 of the constitution stipulates that everyone in the country has the right to freely profess their religion. “Regular clergymen cannot be members of the Congress” as noted in Article 73. The Congress can, under Article 75 (22), “approve or reject treaties entered with other nations and with international organizations, and concordats with the Holy See.”
Article 93 of Argentina's constitution also states that, “On assuming office, the President and Vice President shall take an oath, consistent with their religious beliefs”.
A 1966 agreement between Argentina and the Holy See declares that the Argentine state recognises the Catholic Church and its activities in the country. The two parties also signed an agreement on military jurisdiction and pastoral religious assistance in the Armed Forces.
The state allocates public funds to certain members of the Catholic clergy.
According to Article 126 (b) of the education law, the freedom of conscience of students must be respected. Article 128 (c) guarantees parents the right to take into account their religious beliefs when choosing a college and university for their children.
Article 146 (c) of Argentina’s Civil and Commercial Code specifies that the Catholic Church is a public law entity. Article 147 notes that the Church is governed by its own legal structures. Other Churches, confessions or religious entities are, according to Article 148 (e), private law entities, governed by their own regulations, as well as the Civil and Commercial Code and their own statutes.
To obtain legal recognition, all religious organisations, except for the Catholic Church, must be registered with the National Registry of Religions.
Article 17 of the Labour Law bans discrimination against workers, and Article 73 states that no employer has the right to ask their employees for their religious opinions.
Some Catholic holidays are official holidays. People who profess other religions, such as Judaism or Islam, can also request not to work on their religious holidays.
Priests have the right not to reveal information obtained on account of their religious status.
Article 80 of the Argentine Penal Code punishes murder with life in prison, a penalty that also applies if the motive is religious. According to Article 119 (b), relating to crimes of sexual abuse, the penalty is more severe if the perpetrator is a member of the clergy.
In August 2018, following the Senate's rejection of the Voluntary Termination of Pregnancy bill, the Argentine Coalition for a Secular State called on the baptised to give up their faith as "an act of disaffiliation”.
In September 2018, a seminar held in Salta to discuss a religious freedom bill sparked opposition among feminists. The review addressed the scope of conscientious objection in the public sphere. Feminists decried that this could lead to discriminatory situations.
In September 2018, students in Mendoza held a meeting in which they decided to call for the removal of religious symbols in support of the separation of Church and state. A picture of the Virgin Mary was torn up on that occasion.
In October 2018, the Government of Mendoza Province banned all religious activities and celebrations in public educational facilities.
In October 2018, a bill was presented to include crimes against freedom of religion and worship into the Penal Code.
In October 2018, the Argentine government and the Catholic Church agreed to a plan whereby the government would stop financially “supporting Catholic worship”; an updated approach to Church-State relations whereby the faithful of all religions are to financially sustain their own churches.
In November 2018, the Rosario City Council approved a request to remove religious images from schools and hospitals.
The Delegation of Argentine Jewish Associations reported 834 complaints of anti-Semitism in 2018, a 107 percent increase from 404 in 2017. The most common incidents were anti-Semitic insults posted on websites.
On 25th February 2019, the Grand Rabbi Gabriel Davidovich in Buenos Aires was beaten at his home by five individuals resulting in his hospitalisation.
In the same month in San Luis City a Jewish cemetery was vandalized by unidentified individuals destroying marble headstones, bronze plates, and other objects.
In April 2019, a court ruled on a writ of amparo (protection) in connection with the exhibition of an image of the so-called "abortionist virgin” in a public cultural centre. As a precautionary measure, the court ordered the image be placed in a room with closed doors with a warning that the image could hurt religious feelings. Eventually, the court ordered that the image be removed from the exhibition.
In May 2019, the Argentine Embassy to the Holy See together with the Pontifical Commission for Latin America organised a round table on "Religious and cultural pluralism in Latin America: challenges and opportunities" and discussed ways to boost interfaith dialogue.
July 2019 marked a 25-year commemoration of the attack on the headquarters of the Israeli-Argentine Mutual Association (AMIA) in Buenos Aires in which 85 people were killed. The Jewish community and relatives of the victims decried that to date there were no convictions and no justice.
On 29th September, hours before the beginning of Rosh Hashanah, vandals damaged several tombs and destroyed a section of the wall at La Tablada, the country’s largest Jewish cemetery, near Buenos Aires.
In October 2019, a bill setting up the Provincial Registry of Conscientious Objectors in health care reached the Chamber of Deputies of the Province of Santa Fe. The proposed law requires would-be conscientious objectors to identify themselves and make a sworn statement to the authorities.
In that same month, demonstrators linked to the 34th National Women’s Meeting protesting the Catholic Church’s position on abortion, attempted to set fire to the Catholic cathedral in La Plata, with some throwing stones at police and churchgoers.
In November 2019, the results of the Second National Survey of Religious Beliefs and Attitudes in Argentina were made public, showing that 80% of the population believed in God and that the number of those “without religion” had increased.
In November 2019, a bill establishing “Religious Freedom Day” moved forward.
In November 2019, the “Night of the Temples” started in the city of Buenos Aires; on this occasion, the places of worship of various religions opened their doors to present their customs and traditions.
The first Argentine Council for Interreligious Dialogue was instituted in November, gathering the Catholic Church, the Jewish communities, the Islamic Center and the Federation of Evangelical Churches.
In December 2019, a protocol allowing abortion in cases of rape or risk to the life of the woman came into effect. The protocol demands that the conscientious objector be fully identified as such, and in case he cannot find another profesional to perform the abortion, he will be obligated to do it. The Minister of Health pointed out that "we are respectful of conscientious objection, but it cannot be an institutional alibi for not complying with the law.”
In January 2020 it was reported that the 2020 Census would include a question on religious affiliation, unlike those of the previous 60 years.
In November 2020 the government of Alberto Fernandez presented a new draft law to legalize abortion. The debate began in December. The draft law includes the possibility to have an abortion up to 14 weeks into the pregnancy, without cause, and later if the pregnancy poses a risk to the pregnant person’s health. The draft law retains from the previous protocol that conscientious objection could be considered, but places the responsibility on the Objector of finding someone else to perform the abortion without delay.
In November 2020 the Catholic cathedral of Our Lady of the Rosary, in Moreno, was vandalized with green paint, identified with the pro-abortion movement, one day ahead of a large demonstration of pro-life groups.
Following the outbreak of the COVID-19 pandemic, the government imposed preventive and mandatory social isolation in March 2020, banning religious events. However, members of the clergy could still travel to provide spiritual assistance. In May 2020, religious activities in places of worship were authorised for individuals, but not ceremonies that involved people gathering.
The Catholic Church suspended Masses and the Way of the Cross on Good Friday and the traditional pilgrimage to the Virgin of Luján. In June 2020, an evangelical church in the province of Santa Fe protested against the decision allowing services with only a maximum of 10 people.
In September 2020, following a decision by state and provincial authorities, the majority of civil registry offices were closed throughout the country and all religious marriage ceremonies were banned. The Council for Religious Freedom communicated concerns regarding the prohibition of marriages stating that this was a violation of religious freedom.
Generally, freedom of religion is recognised and respected. For example, a bill was presented to include crimes against freedom of religion and worship into the Penal Code. In the period under review, however, there was a marked increase in hate crimes, notably physical attacks against religious leaders and faithful, and the vandalizing of buildings, objects and symbols of religion, particularly Christian and Jewish.
There are increasing demands for a separation between Church and state. Incidents in which regional authorities banned all religious activities and celebrations in public educational facilities, and approved requests to remove religious images from schools and hospitals, indicate a wider trend, and concerns to, the space of religion in the public sphere.
The COVID-19 pandemic also revealed the low the level of respect of the authorities for the fundamental right to Freedom of Religion. Prospects for this human right in the future are negative.
Argentina