Legal framework on freedom of religion and actual application
The Preamble to the Constitution invokes “Almighty God”. Under article 2 (3), everyone has the right to “freedom of conscience and religion, in an individual or collective manner. No one shall be persecuted on a basis of their ideas or beliefs. There is no crime of opinion. Public exercise of any faith is free, insofar as it does not constitute an offence against morals, or a disturbance of the public order.”
Article 2 (2) recognises “equality before the law” with specific reference to freedom of religion, which means that “no one shall be discriminated against on the basis of” their religion. According to Article 2 (18), everyone has the right to keep their religious convictions private.
Under Article 50 of the constitution, the state “recognizes the Catholic Church as an important element in the historical, cultural, and moral formation of Peru, and lends the church its cooperation.”
These provisions echo the agreement signed by Peru and the Holy See in July 1980, under which the Catholic Church enjoys full independence, autonomy, and legal recognition. The concordat with the Holy See provides subsidies to the Catholic Church, as well as tax exemptions.
Also, under Article 50 of the constitution, the Peruvian state “respects other denominations and may establish forms of collaboration with them.”
Article 14 of the constitution states: “religious education is provided in keeping with freedom of conscience” and more generally, “in conformity with constitutional principles”.
Law No. 29.635 on Religious Freedom reiterates and elaborates on some of the constitutional guarantees. There is a fundamental right to freedom of religion. This includes a person’s right to practise his or her religion in public or private, provided this does not interfere with the right of others (Article 1).
Article 2 bans discrimination on religious grounds and recognises the diversity of religious entities.
Under Article 3, freedom of religion includes the right to freely profess one’s chosen religious beliefs, changing or abandoning them at any time, practising them individually or collectively, in public or in private, performing acts of worship, receiving religious assistance, choosing religious and moral education in accordance with one’s convictions, expressing oneself publicly for religious purposes, celebrating festivities and keeping days of rest that are considered sacred in one’s religion.
According to Article 3, religious freedom includes the right to take an oath in accordance with one’s own convictions or refraining from doing so, as well as being buried according to the traditions and rites of one’s religion.
Article 4 of the law recognises the right to conscientious objection.
Article 6 grants civil legal recognition to religious entities, as well as the right to appoint their ministers of religion, to disseminate and propagate their faith, and create foundations and associations for religious, educational, and social purposes.
Article 8 stipulates that educational establishments must respect the right of students to be exempt from religious studies.
Article 13 states that religious groups registered with the Ministry of Justice are legal entities governed by private law and have the status of non-profit organisations. Registration is voluntary.
The regulation implementing Law No. 29,635 on Religious Freedom was amended in July 2021, eliminating the obligation of having at least 500 members necessary for the registration of religious entities.
In May 2022, Law No. 31,498 on the Quality of Educational Materials and Resources in Peru was enacted, providing for parental participation in the development of educational materials and resources (Article 3). One of the principles of new law is the “full respect for the religious freedom or moral beliefs of students and their parents” (Article 2).
Finally, in June 2022, a bill was submitted to the Peruvian Congress to modify the Religious Freedom Law to expand the benefits for the Catholic Church and other religious confessions recognised by the State.
Incidents and developments
In August 2021, Fr Omar Sánchez, a member of Caritas, reported receiving death threats in the form of letters containing bullets with his name written on them. Fr. Omar, general secretary of Caritas, had already received death threats on May 25 for stating during Mass - two weeks before the second round of elections in Peru - that communism was an enemy of the Church.
In January 2022, Prime Minister Aníbal Torres expressed appreciation for the country’s religious traditions, but in April he insulted Cardinal Pedro Barreto. Both the Catholic Bishops’ Conference of Peru and the National Evangelical Council of Peru condemned his statement.
In March 2022, Fr Andrés Cantos, building a school for poor children, spoke publicly about being the victim of extortion by the construction mafia.
In July 2022, an Evangelical Christian attacked the image of the Santa Rosa de Lima in the Catholic parish of Santa Rosa del Callao.
During the period under review, government and Church leaders met on various occasions. The Interreligious Council of Peru, for example, held a prayer for peace while Evangelical associations organised a thanksgiving ceremony.
For its part, the government honoured Archbishop Héctor Cabrejo, President of the Catholic Bishops’ Conference of Peru, and Cardinal Pedro Barreto. In June 2022, Peruvian President Pedro Castillo asked the Catholic Church to mediate in a mining conflict.
Government authorities also promoted religious freedom. To mark the tenth anniversary of Law No. 29,635, the Ministry of Justice organised a conference and released a report as well as a book on religious freedom in Peru and elsewhere.
With respect to joint efforts in coping with the pandemic, the San Martín Region and Caritas signed an agreement in March 2022 to vaccinate native communities. In April, the Ministry of Health asked Churches for their collaboration in promoting vaccination.
The Catholic Church has spoken out publicly on a number of issues. In May 2021, the bishops called on voters to act responsibly in the upcoming presidential election.27 In January 2022, the Bishops’ Conference organised a convention on the Church’s contribution to the Bicentennial of Peru.28 In March 2022, the bishops spoke out against the decriminalisation of abortion in case of rape.29 Finally, in August, the episcopate expressed disapproval for a bill to establish a Day of the Disappeared on the same day as the Feast of Santa Rosa de Lima since it would affect the celebration of the religious festival.30
For several years, Peru has experienced political turmoil, and this continued in the period under review. In April 2022, riots broke out and a general strike was held because of runaway inflation.31 The bishops called for responsibility and stability.32 They also rejected the curfew measure imposed by the government.33 In August 2022, they offered to mediate to solve the crisis.34
Following the death in September 2021 of Abimael Guzmán, leader of the Maoist Shining Path movement, the Superior Court for the Judicial District of Callao rejected a request to have him buried in accordance with his religious beliefs.35
In May 2021, following a lawsuit filed in 2012, the Constitutional Court declared unconstitutional a rule requiring religious entities to have a certain number of members before they can register. This came prior to an amendment of the Regulation of Law No. 29,635 on Religious Freedom.36
In June 2021, the Ministry of Education published “Guidelines for Comprehensive Sexual Education”, a handbook that challenges traditional gender classifications.37 A petition was organised against it on the grounds that it violates the right of parents to educate their children.38 In August 2022, the government mandated compulsory gender training for all public servants.39
Prospects for freedom of religion
In the period under review, the situation of religious freedom remained relatively unchanged. There is no evidence to suggest that threats against some clergymen are religiously motivated. In a country experiencing a profound political crisis, the authorities have turned to the Catholic Church to mediate conflicts. This has not, however, stopped discussions about principles and values. Considering the current situation, prospects for freedom of religion remain positive.
Peru