E/CN.4/2002/73/Add.1
page 6
23.
Such provisions are, however, not contained in the provincial constitutions of the
Federal Capital (1996), Chaco (1994), Chubut (1994), Corrientes (1993), Entre Rios (1933),
Formosa (1991), Jujuy (1986), la Pampa (1994), Mendoza (1965), Misiones (1966),
Neuquén (1994), Rio Negro (1988), San Juan (1986), San Luis (1987), Santa Cruz (1994),
Tierra del Fuego and Antartida e Islas del Atlántico Sur (1991).
24.
Article 199 of the constitution of the province of Buenos Aires provides that instruction
in Buenos Aires public schools is given according to Christian moral principles. According to
the non-governmental information obtained, this provision, which singles out the moral values of
a particular religion, would not be applied because the constitution of Buenos Aires predates the
Federal Constitution and is incompatible with it, the Federal Constitution having incorporated
the international human rights instruments ratified by Argentina, including those embodying the
principle of non-discrimination based on religion or belief.
25.
With regard to the principle of State support for the Catholic Church, as provided for in
the Federal Constitution and some provincial constitutions, the Special Rapporteur recalls that, in
its General Comment No. 22 of 20 July 1993, the Human Rights Committee stated that the fact
that a religion is recognized as State religion or that it is established as official or traditional is
not contrary to human rights. However, the fact that the Federal Constitution and some
provincial constitutions in Argentina establish a special link with the Catholic Church through
the concept of support and, in the case of the provincial constitution of Santa Fe, grant it the
status of an official religion must not lead to discriminatory treatment in respect of other
religions or beliefs (question considered in parts II and III).
B. Other legal provisions
1. Penal Code
26
In chapter I (Offences against life), title I (Offences against persons) of the Penal Code
of 21 December 1984, article 80 states that: “anyone who kills […] 4. For pleasure, out of
greed or because of racial or religious hatred … shall be liable to life imprisonment, the
provisions of article 52 possibly being applicable”.
27.
In chapter I (Offences against individual freedom), title V (Offences against freedom),
article 142 states that: “Any one who deprives another person of his personal freedom shall be
liable to two to six years’ imprisonment, in any of the following circumstances: 1. If the offence
is committed with violence or threats, for religious purposes or for revenge …”.
2. Laws directly or indirectly governing freedom of religion and belief
28.
The legislation relating directly or indirectly to freedom of religion and belief is based on
the principles of tolerance and non-discrimination.