Legal framework on freedom of religion and actual application
Article 1 of the Constitution of Chile recognises that people are born free and equal in dignity and rights. The Constitution stipulates that the “Family is the fundamental unit of society” while protecting “intermediate groups through which society organizes and structures itself”. It further acknowledges that “The State is at the service of the human person” and must ensure that each individual can achieve “their greatest spiritual and material realisation possible”.
Article 19(6) guarantees “freedom of conscience, expression of any belief and the free exercise of all religions which are not contrary to morals, good customs or public order.” It further stipulates that “Religious denominations may erect and maintain temples and their dependencies under the safety and hygiene conditions established by the laws and ordinances”. The same article states that houses of worship “shall be exempt from all taxes” if they are used solely for their stated purpose.
“Parents have the preferential right and duty to educate their children” (Article 19(10)), while “freedom of education includes the right to open, organize and maintain educational institutions” (Article 19(11)).
Abortion has been legal in Chile since 2017. Health professionals and institutions may opt out of preforming abortions by invoking the right to conscientious objection.
Chile’s legislative framework protects religious freedom for more than 4,000 recognised religious groups.
Pursuant to Law No. 19638 of 1999, which lays down the rules on the legal establishment of churches and religious organisations, any religious group can apply for non-profit status.
The Ministry of Justice may not turn down a request for registration on its own accord, but it can object to any submission within 90 days, if the application falls short of what is legally required. In such a case, applicants have 60 days to make submissions to the state defending their application or they may seek redress in court.
The state cannot deregister a religious organisation once it has gained approval.
The Catholic Church has legal personality under public law and does not have to register under the aforementioned legislation.
Law No. 19638 prohibits discrimination the basis of religion. It enshrines freedom of religion and worship, individual choice, and protection from coercion. Thus, everyone can freely profess the religious belief of their choice, engage in acts of worship in public or in private, individually, or collectively. They may celebrate festivities or perform their rites. If they chose, they may also do none of these things. This also entails the right to freely leave or change a religion.
Recognised religious groups are autonomous in education and are entitled to set up their own colleges, clubs, or any other organisation.
Law No. 20609 of July 2012 prohibits arbitrary discrimination, as well as any form of exclusion or restriction that lacks reasonable justification that might cause hardship and disorder or threaten the legitimate exercise of fundamental rights. This is particularly the case if discrimination is based on specific grounds, such as race, ethnicity, or religion.
Discriminatory effect may be justified where a person is exercising other legitimate and fundamental rights such as freedom of conscience, belief, and religious practice.
Law No. 21394 of November 2021 allows Supreme Court justices the choice between swearing or pledging an oath.
Article 30 of Law No. 21430 on the rights of children and adolescents recognises the right of every child and adolescent to freedom of religion, as well as the right not to profess any religion or belief.
In April 2022, a law was enacted creating taxation benefits for money donated to non-profit organisations, including those engaged in religiously-related activities.
Incidents and developments
Places of worship continue to be the target of attacks, especially in Araucanía, where the state and some Mapuche groups are at loggerheads over land claims. Some of the attacks are attributable to violent groups with links to organised crime and drug trafficking, where the violence is of a more general nature.
In April 2021, two evangelical temples were set on fire in the municipality of Padre Las Casas. In June, masked men torched an Evangelical church in Cañete. Over a two-year period, more than 60 churches have suffered arson attacks. At least one prominent Evangelical leader has publicly claimed that these attacks constitute persecution.
In October, the government decreed a state of emergency in Tirúa after arsonists targeted two churches, one Evangelical and one Catholic.
The wave of arson attacks continued in 2022. A heritage church in Curarrehue was targeted in January 2022, followed in April by the burning of another church in Cañete.
A criminal group claimed credit for an attack in June against a Catholic church in rural Victoria where they left a written canvas demanding freedom for jailed Mapuche. In August, a further Catholic church was set on fire in Los Sauces.
Attacks were also reported in other parts of the country. Properties owned by the Diocese of Talca were looted and torched; a church in Achao, classified as a World Heritage Site, was vandalised; and the tabernacle of the Shrine of Lourdes in Santiago was desecrated. A parish priest in Melipilla was also the victim of intimidation.
Anti-Semitic graffiti was also reported in Temuco.
In June 2022, Chile’s national police, Carabineros de Chile, returned the historic Church of San Francisco de Borja de Santiago to the state. The iconic building was the target of attacks during protests in 2019. After it was repeatedly defaced and had stones thrown at it, it was looted and set on fire, rendering it unusable. It was reported that the only defendant jailed for the arson attack against the San Francisco de Borja church, was released on bail and is now on the run.
Some of the offences committed during the 2019-2020 protests were prosecuted during the period under review. A man who tried to set fire to a Catholic parish church in Puerto Varas was convicted of arson. The defendants who attacked a Lutheran church in Osorno were sentenced to eight and ten years in prison respectively. The person who set fire to a chapel in Río Seco was also convicted.
In a different case, the parole board released two brothers sentenced to 10 years in connection with a 2016 arson attack against a church while a religious service was underway. Convicted in 2018, they will serve the rest of their sentence outside of prison.
The trial for the arson that gutted the San Francisco de Ancud church was discontinued for lack of evidence, leading the diocese to criticise the prosecutors for their lacklustre work which allowed the perpetrators to go unpunished.
In April 2022, a young man convicted of an arson attack against the Cathedral of Puerto Montt while a service was underway has petitioned the government for a pardon.
With respect to insults against religious feelings, the Lower House of the Chilean Congress approved a resolution censuring the anti-Semitic remarks of a presidential candidate.
An obscene performance in August 2021 derisive of Pope Francis saw the National Television Council receive its highest volume of complaints to date.
On Independence Day in 2021, Chile’s then President Sebastián Piñera, along with other top government and political officials, took part in the traditional ecumenical and evangelical Te Deum. President Piñera also attended the Tefillah prayer for Chile organised by the Jewish community.
On 18th September 2022, newly elected President Gabriel Boric also participated at the ecumenical and evangelical Te Deum. A few days earlier, the President refused to accept the Letters of Credence presented by the Israeli ambassador. Reacting to the diplomatic incident, the Jewish Community of Chile (Comunidad Judía de Chile, CJC) chastised the president for the action.
In March 2022, the President met with representatives of various religious groups, whom he lauded for their social outreach. During the presidential transition, he attended a Prayer for Chile.
In terms of cooperation between government and religious groups, in July 2022 the Ministry of National Assets approved a land grant for the construction of a church and a community centre. In September, the National Office of Religious Affairs (ONAR) organised an interfaith meeting.
During the period under review, a Constitutional Convention (CC) drafted a new Constitution. In August 2021, the building where the CC was headquartered flew flags representing regional, sexual identity, and indigenous groups. CC chairwoman Elisa Loncón refused to include the Christian flag claiming that “it was not appropriate since the Chilean state is secular and the Christian religion “colonised the Mapuche”. The Evangelical community objected to the omission, calling it discriminatory. A few months later, Ms Loncón took part in a ceremony recognising the Evangelical community.
In November 2021, religious groups and indigenous peoples jointly presented a “popular legislative initiative” on religious freedom. Neither the initiative, nor any other proposals, garnered enough support for approval.
Reacting to Chile’s draft Constitution, both Catholic and Evangelical leaders said that the text was incompatible with the Christian faith. A referendum was held on 4th September 2022 on the proposed Constitution, which was rejected by 62 percent of those who cast their vote.
In February 2022, the Inter-American Court of Human Rights ruled in the case of Pavez Pavez v. Chile.
Sandra Pavez taught Catholic religion at a school in the municipality of San Bernardo. In 2007, she had her certificate of suitability to teach religion withdrawn when it was discovered that she was in a same-sex relationship.
Ms Pavez’s discrimination claim was dismissed by Chile’s domestic courts on the basis that her dismissal was legal under existing legislation. She then filed a complaint to the Inter-American Commission on Human Rights, which found in her favour in 2018. Chile appealed the finding to the Inter-American Court of Human Rights, which in 2019 agreed to grant review to the case.
On 4th February 2022, the Court ruled that the State of Chile was responsible for the violation of the right to equality and non-discrimination, personal freedom, privacy and work. It ordered Chile to publish the judgment, issue a public acknowledgement of responsibility, adapt its procedure for challenging the decisions of public educational establishments, and pay compensation and expenses to the Applicant.
While the substantive core of the case dealt with religious freedom, an issue which has to date never been the subject of the Inter-American Court’s jurisprudence, the Court nevertheless decided solely on the grounds of equality and non-discrimination principles, without balancing the competing right to freedom of religion.
With respect to the COVID-19 pandemic, the number of people allowed to attend religious services was gradually increased. As the number of infected people rose, civil and Church authorities suspended pilgrimages and celebrations.
Prospects for freedom of religion
In the period 2021-2022, the Araucanía region was a hotspot for attacks against religious buildings. Originally linked to land claims by Indigenous Mapuche, the violence became associated with organised crime groups and drug traffickers, taking advantage of the Mapuche cause. Efforts by the authorities to prosecute and convict people involved in such attacks have had some positive results.
In a nationwide referendum, the new Constitution proposed by the Constitutional Convention was rejected by a majority of Chilean voters. Had it been adopted it would have recognised the worldview of Indigenous peoples. It would have also created uncertainty about the protection of religious freedom guaranteed under the 1925 Constitution. The public debate also provided the opportunity for authorities such as CC’s chairwoman Eliza Loncón to show that they were ready to act on complaints of discrimination on the grounds of religion.
With the violence in Araucanía showing no signs of dissipating, freedom of religion in Chile must continue to be monitored.
Chile