E/CN.4/1995/91/Add.1
page 65
Chapter I, entitled Basic Principles, reaffirms the applicability
in Argentina of the principle of religious freedom (art. 1), gives
examples of the rights deriving therefrom (art. 2), enunciates the rights
of churches, denominations or religious communities (art. 3), describes
the restrictions which may legitimately be placed on religious freedom
(art. 4) and indicates cases where that freedom is not protected
(art. 5). It marks the first time that the law has dealt with the
contents of the right to religious freedom.
In reaffirming the applicability of the principle of religious
freedom, article 1 is based on articles 14 and 20 of the Argentine
Constitution, which recognizes the right of all those residing in the
country freely to practise the religion of their choice. It also
reaffirms the principle of equality set forth in article 16 of the
Constitution and prohibits all inequality or discrimination based
on religious beliefs, confirming the provisions of Act No. 23592
of 3 August 1988, on discrimination.
The only exceptions to the principle of non-discrimination are to
be found in article 76 of the Constitution, which, among other
eligibility requirements for the presidency of the Republic, lists
belonging to the Apostolic Roman Catholic faith, and in the provisions of
the provincial Constitutions, specifically that of Catamarca, which
establishes the same eligibility requirement for the post of governor.
It should be pointed out in that connection that Act No. 23049, on the
need for constitutional reform, expressly refers to article 76. The
elections to the Constitutional Convention were held on 10 April 1994;
that convention is due to start on 25 May.
Article 2 specifically enumerates the various aspects of religious
freedom, in conformity with the provisions of article 12, paragraph 1, of
the American Convention on Human Rights, and article 18, paragraph 1, of
the International Covenant on Civil and Political Rights, both of which
are in force in the country, as well as the Declaration on the
Elimination of All Forms of Intolerance and Discrimination Based on
Religion or Belief.
As currently drafted, the text is much more detailed than any of
the other above-mentioned international provisions and also has the
advantage of not being restrictive. The terminology used in those texts
for the contents of religious freedom is, however, somewhat different.
Article 2, paragraph 1, of the draft law deals expressly with cases where
an individual renounces his religious beliefs without replacing them with
new ones. Although the international provisions are worded a little
differently, they all have the same objective, namely, that ’everyone has
the right to leave one religion or belief and to adopt another or to
remain without any at all’. (See Elimination of all forms of intolerance
and discrimination based on religion or belief, Elizabeth Odio Benito,
Special Rapporteur of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities, Study Series No. 2, 1989, Sales
No. E.89.IV.3, para. 21.)