Legal framework on freedom of religion and actual application
The preamble to the Constitution invokes God and reaffirms the principles of “pluralistic democracy”.
Article 24 states, “freedom of religion, of worship, and ideological [freedom] are recognized without any restrictions other than those established in this constitution and in the law.” Article 24 further specifies that, “No religious faith will have official character” and, “The relations between the State and the Catholic Church are based on independence, cooperation, and autonomy.”
Article 24 also guarantees, “The independence and the autonomy of the churches and religious faiths”, except for restrictions imposed by law. It also stipulates that, “No one may be interfered with [molestado], questioned, or forced to give testimony by reason of their beliefs or of their ideology.”
Article 37 provides that: “The right to conscientious objection for ethical or religious reasons is recognized for those cases in which this Constitution and the law admit it.” In case of conscientious objection to military service, objectors will perform a civilian service in assistance centres, as regulated by Law 4013 of 2010. The latter set up the National Council of Conscientious Objection to Compulsory Military Service.
Article 46 states: “All the inhabitants of the republic are equal in dignity and rights”.
Article 63 recognises and guarantees the right of indigenous peoples to preserve and develop their ethnic identity, noting that they have the right to “freely apply their systems of political, social, economic, cultural and religious organization”, while Article 64 upholds the right of indigenous peoples to communal ownership of their land.
Article 74 enshrines the “right to a religious education” and “ideological pluralism”.
Under Article 82, “the predominant role of the Catholic Church in the historical and cultural formation of the nation is recognized.”
Article 88 condemns religious discrimination against workers.
The Ministry of Education and Science includes a Vice Ministry of Religion, which has jurisdiction over religious education, the registration of religious organisations, and certifying foreign missionaries. It also monitors freedom of religion and interfaith dialogue.
Under Articles 197 and 235 of the constitution, members of the clergy cannot run for president or vice president, nor Congress (Chamber of Deputies and Chamber of Senators).
In August 2021, Congress passed the “Veterinarian Law”, which includes a provision on conscientious objection in case of animal euthanasia.
Incidents and developments
In the period under review, two clergymen died violent deaths. In May 2021, a pastor was killed during a religious service, apparently in a settlement of scores, while in May 2022, a priest was found dead in an apparent suicide.
In June 2021, the Technical Secretariat of Tourism and other public agencies, together with the Diocese of Villarrica, agreed to create a religious tourism route called the “Route of Faith”.
In August 2021, neighbours filed a complaint against a Church for noise pollution, denying that the motivation was related to freedom of religion.
In October 2021, Jack Fleischman, a representative of the Jewish community, said that Jews are free in Paraguay and have not experienced anti-Semitism.
In March 2022, the Ministry of Education inspected the Nuestra Señora del Huerto Catholic school following allegations of discrimination against a student because of her sexual orientation.
In June 2022, two municipalities named Archbishop Adalberto Martínez, Paraguay’s first cardinal, an Outstanding Citizen.
That same month, a judge ordered a blood transfusion for a child whose parents refused treatment on religious grounds. In 2021, the Supreme Court ruled against two lawsuits filed by Jehovah's Witnesses over blood transfusions; another case was dismissed following the death of the person involved.
In June 2022, Paraguayan President Mario Abdo was mocked on social media for using biblical quotes at a campaign rally.
The National Plan for Educational Transformation (PNTE 2030) sparked public controversy. In June 2022, Fr José Montero Tirado, an educator, spoke out against it, arguing that it violated several rights protected by the constitution, such as parental authority, and included gender ideology. Bishop Gabriel Escobar Ayala, responsible for educational outreach at the Catholic Bishops’ Conference of Paraguay (CEP), stated that truth and coherence were needed. In July 2022, civil and religious groups rallied against the PNTE 2030.
In Paraguay, public, predominantly Catholic, expressions of religiosity are commonplace. In September 2021, Catholic faithful gathered to receive the relics of Chiquitunga, the first Paraguayan declared blessed. In December, the Virgin of Caacupé, the country’s patron saint, was celebrated. In April 2022, Holy Week celebrations resumed post Covid. Also, in May, the movement “Rosary of Brave Men” made a pilgrimage to the city of Ñembi.
In February 2022, the Ministry of Religious Affairs encouraged religious and philosophical groups to register, warning that without registration they could be fined.
Catholic bishops take part in public debates. In May 2021, the Permanent Episcopal Council of the CEP called on people to get vaccinated, noting that it was a “moral obligation”. In December of the same year, they expressed concern over the forced evictions of indigenous and peasant communities, and Bishop Ricardo Valenzuela spoke out against corruption. In April 2022, in the face of continuous manifestations of social discontent, Archbishop Adalberto Martínez reminded that dialogue is the way to resolve problems; this was reiterated at a meeting with various religious and non-religious groups. In July 2022, Archbishop Martínez called on politicians to respect the country’s institutional framework and avoid acts of violence.
Prospects for freedom of religion
During the period under review, no significant cases of intolerance or discrimination on religious grounds were reported.
While religious groups are very much respected and can express their beliefs freely, the discussions surrounding the Education Plan are a challenge that could affect religious freedom and associated rights in the future. Currently the prospects for this human right remain positive.
Paraguay