On the right to marriage – civil effects of the religious marriages –.
While the state of some countries recognises civil effects of religious marriages (Brazil, Colombia,
and Chile), other states deny it. They force the followers of faiths to make a double celebration with
a civil marriage which essential content is not always the same as their beliefs. While within this
topic, it has been legislated to include many other collective which were denied having access to it, it
has not been the case for the freedom of faith.
Gipsy communities and original indigenous peoples’ communities have marriage rituals which their
legal validity must be considered.
Animal ritual killings:
Not only the kosher and halal traditions are involved, but also the animal slaughter such as hens,
lambs which is part of the Afroumbanda faith, which often faces the opprobrium of animal welfare
collectives despite that there exists law legitimating their actions.
Lack of regulation preventing the abuses committed by the so-called ‘sects’ or new religious
movements.
In those countries where the law has neglected on this point, does not protect the potential followers
of these religions which could become victims, cause by a state neglecting the legitimate limits of the
right to freedom of faith, in respect of the right of others, harming others, public order, public health,
etc.
Enforcement of the right of confession by the state’ law and its respect.
When the states’ jurisdictions apply their law, are not always trained enough on their scope and
understanding. Thus, it is needed to extort on external experts who train on laws, instead of
substituting faiths’ authorities about their faiths’ principles.
Conscientious objection and institutional visions as an instrument of defence which applies to all the
areas.
While the conscientious objection is recognised by international and regional law in Latin America,
its enforcement is not always peaceful. We recall that the initiatives which garnered support of all
faiths’ groups in the examples given above, lead to proving a legal framework of certainties for the
reception and protection against the conscientious objection and visions which enforces de freedom
of conscience and visions. Something must be telling governments that the fact that faiths in those
countries have reunited in defence of that right as a fundamental value.
In this field, new religious motivations are arising from the conscientious objection, such as the
presented above about the Afroubandas and other groups vis a vis laws on organ donations.
The same applies to funeral rites of the faiths that prohibit body exhumations.
The essential role of the state as public operator of the religious factor in society:
achievements and shortcomings.