E/CN.4/2002/73/Add.1
page 11
57.
On the question of State financial support for the Catholic Church, as compared with
other religions, and in connection with the concern expressed by the Human Rights Committee
(“The preferential treatment, including financial subsidies, accorded to the Catholic Church over
other religious denominations constitutes religious discrimination under article 26 of the
Covenant”), the President of the Republic and the Secretary of Worship explained, first of all,
that the largest public subsidies were tax breaks, which were granted on exactly the same basis to
all denominations. State financial support also applies to private primary and secondary
schools and to the maintenance of historical places of worship, whatever the religious
community concerned. In addition, the “subsidies” received by the Catholic Church
represent a very small share of the national budget, i.e. less than US$ 10 million per year or
about US$ 800,000 per month. Such subsidies are historically justified because they compensate
the Catholic Church for the nineteenth century confiscation of most of its property and income.
According to the Department of Worship, no other denomination was subjected to theft
justifying the granting of such subsidies.
58.
With regard to the registration of religions with the Department of Worship, all
non-Catholic denominations practising in Argentina must be included in the National Register
of Religions. Registration constitutes a kind of recognition by the State and facilitates
cooperation between the State and religions to guarantee their autonomy. It does not, however,
mean that they have legal personality under public law. In this connection, it should be pointed
out that the Catholic Church does have constitutional legal status and legal personality under
public law. To date, about 2,300 non-Catholic religions are registered, including the Oriental
Churches (Armenian Apostolic and Antioch Syrian Orthodox); the Orthodox Churches
(Patriarchates of Constantinople (Istanbul), Antioch and Moscow; Church of Serbia;
Coptic Church); the Anglican Church; the Evangelical Lutheran, Reformed, Baptist, Methodist,
Mennonite, Pentecostal, Free Evangelical and Free Churches (Salvation Army, Church of the
Brethren, Church of Christ); the Seventh Day Adventists; the Jehovah’s Witnesses; the
Church of Jesus Christ of the Latter Day Saints; the Jewish, Muslim and Buddhist communities;
the Bahai’s; and the African, Afro-Amerindian and Umbada groups. Registration criteria
depend primarily on the number of members, places of worship and training and the fundamental
principles of doctrine. The Secretary of Worship stated that, in fact, non-registration does not
involve any penalty for denominations which have not registered and that an administrative
appeal may be filed against a denial or cancellation of registration by the State. He also said that
the Department of Worship did not use the term “sect” because it is not legally defined and has a
pejorative connotation.
59.
In the context of relations between the State and religious communities, the Department
of Worship has become a meeting place and a forum for interdenominational dialogue. In
accordance with decision No. 1248/2000 of 16 May 2000, it established an advisory council
which is composed of clergy and laymen, but does not officially represent religious
denominations. The council assisted the Department of Worship in the preparation of a bill on
freedom of religion.
60.
This bill provides that the system of compulsory registration is to be replaced by a system
of voluntary registration. The registration of religious denominations under certain conditions
will enable them to obtain legal personality under public law automatically (with no other
formalities and subject only to the requirement of not engaging in business). In order to carry