Legal framework on freedom of religion and actual application
The Preamble to the constitution invokes the protection of God, the source of all reason and justice. Article 2 states that the government “supports the Roman Catholic Apostolic Faith”, while Article 14 stipulates that everyone in the country has the right to freely profess their religion.
On taking office, “the President and Vice President shall take an oath, consistent with their religious beliefs” (Article 94).
Under Article 73, “Regular clergymen cannot be members of the Congress”.
In May 2021, a bill on religious freedom came before the Chamber of Deputies but as of writing has not yet been approved. It develops the scope of this right following the path of other proposals presented over the past 30 years.
Religious freedom is also protected by Argentina’s legal system in other ways; for example, the labour law prohibits all forms of discrimination against workers, including on religious grounds (Article 17), and employers cannot ask employees about their religious views (Article 73).
According to Article 126 (b) of the education law, students’ freedom of conscience must be respected. Article 128 (c) guarantees parents the right to take into account their religious beliefs when choosing a school or university for their children.
Article 80 (4) of Argentina’s Penal Code punishes religiously motivated murder with life in prison. According to Article 119 (b), in cases of sexual abuse, being a member of the clergy is an aggravating circumstance.
As for distinct religious denominations, Argentina recognises the Catholic Church and its activities in the country under an agreement it signed with the Holy See in 1966. The latter was ratified by Argentina’s National Congress, which, under Article 75 (22), has the constitutional power to “approve or reject treaties entered with other nations and with international organizations, and concordats with the Holy See.” There is also an agreement on military jurisdiction and pastoral religious assistance in the Armed Forces.
Under Argentinian law, the state pays for the salaries and benefits of some members of the Catholic clergy but the Argentinian episcopate is gradually ending government support.
Article 146 (c) of Argentina’s Civil and Commercial Code specifies that the Catholic Church is a legal person. 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 legal persons, governed by their own regulations, as well as the Civil and Commercial Code and their own statutes.
All religious organisations, except for the Catholic Church because it is already recognised under the concordat, must register with the National Register of Religions to obtain legal recognition.
Some Catholic holy days are statutory holidays. People who profess other religions, such as Judaism or Islam, have their own holy days recognised as non-working days.
Any minister of a recognised religion has the right and duty not to disclose information obtained because of their religious status if involved in legal proceedings.
The Law 27.678 on palliative care was approved in July 2022; it includes meeting the spiritual needs of patients.
In the period under review, several bills affecting religious freedom were introduced but have not yet been approved. One, about patients' rights, would uphold the right to care without prejudice because of one’s religious beliefs (May 2021). Another bill proposed to make 31 October the National Day of Evangelical and Protestant churches. Various jurisdictions like Santa Fe, Buenos Aires, Pueyrredón and Escobar have already set aside 31 October as Evangelical Churches Day. A further proposal addressing discriminatory acts seeks to define inter-religiosity (March 2022). A proposed amendment to the Penal Code would incorporate a section on “Crimes against religious freedom and the exercise of worship” (June 2022). A proposed bill would guarantee secular education across the country, and another bill would abolish certain benefits enjoyed by the Catholic Church, including allowances to bishops (July 2022).
Incidents and developments
With respect to the impact of the COVID-19 pandemic on religious freedom, all religious activity in closed places was banned under the Necessity and Urgency Decree (DNU 287/2021) The bishops of Santa Fe province rejected the measure and called for the protection of religious freedom. In May 2021, police broke up an open-air Mass because it did not respect the capacity restrictions, a claim the officiating priest disputed. In December 2021, in certain provinces, the authorities imposed health passes for attending religious services; reacting to this provision, the archbishop of La Plata noted that it is not up to the Church to ban people from attending Mass or ask them for proof of immunity.
In this regard, The Argentine Council for Religious Freedom (Consejo Argentino para la Libertad Religiosa, CALIR) criticised COVID-19 restrictions, saying that they were adopted without action by the Argentinian Congress. Furthermore, the Council condemned the impact on worship, pointing out that, according to the Inter-American Court and Commission on Human Rights, health measures can never lead to the suspension of fundamental rights. CALIR also complained about municipal bylaws that banned religious services on Sunday, 12 September, election day, noting that the health pass could constitute a new obstacle to religious activity.
In May 2021, President Alberto Fernández visited Pope Francis in Rome.
During the period under review, several places of worship were attacked.
In June 2021, two Evangelical churches were vandalised during a march by the “Ni una menos" (Not one [woman] less) movement. CALIR described the incidents as criminal acts and an expression of intolerance.
In July, the Buenos Aires Legislature paid tribute to the victims of the 18 July 1994 AMIA bombing in Buenos Aires which targeted a Jewish Community Centre, the Asociación Mutual Israelita Argentina. The president did not attend the memorial ceremony, but received a delegation at the Casa Rosada, the presidential palace. He also did not attend the commemoration of the 30th anniversary of the attack on the Israeli embassy in 1992.
After a round of talks between political and religious leaders, the Minister of Social Development met with Catholic bishops in August 2021, during which he recognised the work of its pastoral outreach in times of crisis and expressed his desire for further cooperation.
In August 2021, graffiti was scribbled on the Buenos Aires cathedral. The association Religious Respect (Respeto Religioso) expressed regret that government officials did not condemn the act and announced its intention to file a criminal complaint.
In September, the tabernacle of the Church of St Marón in Buenos Aires was desecrated, and various religious items were stolen. In the Chamber of Deputies, resolutions were tabled to express condemnation of such acts of vandalism. Also in September, a statue of the Virgin was beheaded in Añatuya and the local cemetery was damaged.
That same month, the Christian Alliance of Evangelical Churches of the Argentine Republic (Alianza Cristiana de Iglesias Evangélicas de la República Argentina, ACIERA) complained about Nazi graffiti on an Evangelical church. Similar acts of vandalism were reported at the Jewish cemetery of Tablada with objects stolen and headstones damaged, which was condemned by the Argentine Jewish Mutual Association (Asociación Mutual Israelita Argentina, AMIA).
In October, the Catholic Bishops’ Conference of Argentina condemned the blasphemies uttered against the Virgin Mary in "Theodora", a play staged at the Colón theatre in Buenos Aires.
Government interference in religious matters has also been reported. In October, CALIR called on Congress to put on hold its approval of the Inter-American Convention Against All Forms of Discrimination and Intolerance, arguing that: “By the way in which the Convention is conceived, it can become a tool to severely restrict certain fundamental freedoms, such as freedom of religion, expression and education”.
In November, Catholic and Evangelical leaders condemned a blasphemous talk presented at the Monte Quemado Teacher Training Institute in Santiago del Estero, which suggested that Mary Magdalene tried to have sexual relations with Christ at the instigation of the apostles.
That same month a group of people violently interrupted a Mass at the chapel of San Martín de Porres, in Paraná. During the incident, they insulted and beat the officiating priest and threatened the parishioners. The reason appeared to be the successful legal repossession of a building owned by the Archbishopric of Paraná that had been illegally occupied for years.
In November 2021, a relic of Saint John Paul II was stolen from the Basilica of the Blessed Sacrament in Buenos Aires.
In December 2021, the president of the Catholic Bishops’ Conference, Bishop Óscar Ojea, met with President Fernández to discuss, among other issues, the country’s social crisis and rising poverty.
In January 2022, the Delegation of Jewish Associations of Argentina (Delegación de Asociaciones Israelitas Argentinas, DAIA), a Jewish umbrella organisation, condemned the posting on social media of a picture of the mayor of Sauce Viejo imitating Adolf Hitler.
In the same month, an individual destroyed sculptures of Christ crucified, Saint Anselm, and the Virgin Mary in a Catholic church in the town of Pehuajó.
In February, faced with a wave of attacks on places of worship, the Court of Cassation in Entre Ríos province upheld the conviction of a man tried on charges of racial and religious persecution over anti-Semitic graffiti scribbled at a synagogue.
In March, following the 24 February start of the war in Ukraine, several religious groups came together to pray for peace.
In March, the Government of Buenos Aires invited ACIERA to participate in an Interreligious and Social Forum scheduled for October 2022.
In March, a man, allegedly with others, attacked an Evangelical church and its pastor with bricks, believing the latter had induced a relative to attempt suicide.
Also in March, in the city of Luján, an Evangelical church was vandalised during marches held on International Women's Day, an act ACIERA condemned. In Neuquén the door and walls of the Cathedral of Mary Help of Christians were also damaged.
In April, a mob attacked Argentina's main Russian Orthodox church over the Ukraine invasion, shouting slogans against Vladimir Putin.
In May, an armed man broke into an Evangelical church during a religious celebration and pointed a gun at the pastor.
In May, the head of the city’s Directorate of Religion took part in a meeting of Evangelical pastors and leaders that highlighted her work.
In June, on a new anniversary of “Ni Una Menos”, churches of different faiths were again attacked.
On 10 June, the general director of Entities and Religions of the City of Buenos Aires stressed the importance of interfaith dialogue, noting that it is crucial for civic friendship.
Also in June, CALIR complained about the president of the Superior Court of Justice, also a member of the Judiciary Council of Río Negro province, after he asked candidates applying for positions at the Prosecutor’s Office in the city of Cipoletti questions about their religious beliefs. The judge justified himself by saying that such beliefs would affect the “independence of the judges”. CALIR had also warned in March that municipalities were exceeding their authority by preparing municipal religious registries as a national registry already existed.
In July 2022, ceremonies were held to mark the 28th anniversary of the AMIA bombing. Various groups renewed their call for justice in this case as it has not yet been fully clarified. That same month, the president of DAIA and the mayor of the city of Salta agreed to work together to fight anti-Semitism.
Throughout the period under review, the Catholic Church has participated in public debates concerning current issues affecting the country, such as raising funds to help immigrants and the needy. In June 2021, it called for an end to child labour and voiced its concern over government's biofuel initiatives, viewing them as a setback in terms of environmental policy. Also in June, the Church’s Indigenous Outreach ministry reacted to certain statements by the president that stigmatised the country’s first peoples; in so doing, it expressed support for a multicultural Argentina, without exclusions. In August, the Church spoke out in favour of mental health. In a country coping with the scourge of drugs, the bishops observed that the solution lies with creating opportunities, not legalising cannabis. In November, the bishops renewed their support for Indigenous peoples and their claims.
In 2022, the Catholic Church continued to play an active role in the life of Argentinian society. In March, bishops in Chubut province called for action in education, since local students had not been able to complete a full school year in the classroom since 2018, and in July, the Church drew attention to rising inflation, urging political leaders to take responsibility. It also voiced concern to the growing number of people turning to soup kitchens and demanded that people be allowed to live with dignity and the fruit of their labour.
Prospects for freedom of religion
Although religious freedom is guaranteed and generally respected in Argentina, and the religious communities are active participants addressing societal concerns, the period under review was marked by a surge in violence against persons including clergy, places of worship, and abuse of religious sentiments. At the same time, certain legislative measures, including the COVID restrictions, municipal religious registries, and evidence of anti-religious bias at the Superior Court of Justice, indicate worrying signs. The combination of societal violence and governmental concerns suggest that the prospects for freedom of religion worsened and are to keep under observation.
Argentina