E/CN.4/2002/73/Add.1
page 30
138. However, problems are raised by the religious minorities, or at least some of them,
relating mainly to the principle of equal treatment and attacks in various forms (physical or
symbolic) against certain denominations.
The issue of equal treatment
139. The Protestant and Russian Orthodox communities consider themselves subject to
unequal treatment by the State and State institutions, principally as a result of the privileged
position of the Catholic Church (by virtue of article 2 of the Federal Constitution and certain
provincial constitutions which either replicate this provision or declare Catholicism to be the
official religion).
140. While welcoming the State aid granted to all denominations, in particular for primary and
secondary schools, for places of worship classified as having historical importance and through
tax concessions, they called into question the financial support which, for the most, part
benefited the Catholic Church and its religious but also its social institutions. Mention should
also be made of the concern expressed by the Muslim community relating to the inadequate level
of State subsidies for its schools.
141. The Christian communities mentioned above also demanded to be granted the status of
legal persons under public law, which only the Catholic Church enjoys to date.
142. They pointed to, and objected to, various examples of active or passive discrimination
resulting from different interpretations of article 2 of the Federal Constitution by officials, as
well as from the Catholic Church’s influence on the State, such as the dominant presence of
Catholic symbols in State institutions and on official documents, the influence of Catholic beliefs
in school textbooks and the failure to acknowledge the rights of women in matters of sexuality.
The issue of serious infringements affecting religious communities
143. The Special Rapporteur noted the trauma caused by the attacks against the Embassy of
Israel and AMIA, not only in the Jewish community, but also in society as a whole and among
State officials. He underlines the need to throw light on these attacks. However, he considers
that he is not in a position to make any judgement or take any position on the way in which these
two incidents were handled by State institutions. While noting that there were long delays in
identifying and trying those responsible, but also that the two attacks were extremely complex in
nature (it is for the courts to examine the various theories proposed and reach a conclusion; there
is a need in particular to avoid spreading rumours, for example, of governmental or
non-governmental involvement on the part of countries known as Muslim countries in the
Middle East, or else the theory of “implosion”, affecting the members of the Muslim and Jewish
communities in Argentina), the Special Rapporteur considers that justice in Argentina must take
its course. It should also be noted that certain allegations presented to the Special Rapporteur
concerning anti-Semitism on the part of certain judges and members of the police and security
forces, even if confirmed on the basis of evidence and court rulings, could in no case incriminate
the institutions in question.