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148. Humanists consider that the non-Catholic minorities, and particularly minorities sharing a
belief, are affected above all by discrimination arising principally from the special relationship
between the Catholic Church and State institutions. The unequal treatment alleged by the
Protestant and Russian Orthodox Churches is confirmed by the humanists. Freedom of belief
itself, a deeply personal matter, is not acknowledged and, in violation of international law in this
area, is flouted in a number of cases and situations in the legal field, in education and in
institutions, for example, in connection with obligatory religious ceremonies and prayers in
State schools.
The majority position of the Catholic Church
149. As with the other religious communities, the situation of the Catholic Church as
regards respect for freedom of religion and freedom to manifest religion is satisfactory. The
Catholic Church regards its special relationship with the State, for example in the shape of State
financial aid and the presence of religious symbols in State institutions, as perfectly normal for
historical and sociological reasons. It is not viewed as discriminatory or as a privilege vis-à-vis
the other communities of religion or belief. On the contrary, the Catholic Church is considered
to have insufficient influence in State institutions, especially given the growth in numbers of
non-believers. The Catholic Church also voices concern at the inadequate numbers of clergy and
the need for greater funds to serve the Catholic community.
Indigenous peoples
150. The major problem facing the indigenous peoples is their marginalization from Argentine
society, to such an extent that their numbers remain an enigma. The legislative and institutional
progress achieved in recent years to the benefit of the indigenous population is to be welcomed,
in particular the elimination of the constitutional provisions relating to their conversion to
Catholicism, recognition of their identity and certain rights, and the establishment of INADI.
However, it is proving difficult to give this progress practical shape and produce the hoped-for
impacts. Such results are urgently needed in order to maintain the indigenous identity, including,
of course, a religious dimension. The process of returning land to indigenous people, as the
touchstone of their identity, is thus a precondition for providing access to holy sites and burial
grounds and hence for legitimate religious or spiritual activities.
Recommendations
151. The Special Rapporteur recommends to the Argentine authorities that, in the legal
field, they should pursue their efforts firmly to establish the principles of tolerance and
non-discrimination. Similarly, the State’s declared policy of giving Argentina a leading role at
the international level and in the field of human rights should be maintained and supported. The
policy of ensuring respect for freedom of religion or belief and freedom to manifest religion or
belief which has been followed to date in accordance with international human rights standards
and jurisprudence should be continued. The same applies to relations between the State and
religious communities as regards the application of the principles of cooperation and respect for
autonomy.
152.
The Special Rapporteur puts forward the following specific recommendations.