E/CN.4/2002/73/Add.1 page 27 119. Concerning the constitutional provisions on State support for the Catholic Church, namely, article 2 of the Federal Constitution and the corresponding provisions of a number of provincial constitutions, the Special Rapporteur wishes to point out that this special link between the State and a specific religion is not intrinsically at variance with human rights. While noting that this special recognition does not confer on Catholicism the status of official religion under the Federal Constitution, although several provincial constitutions do in fact confer this status, it is important to emphasize that international law and, in particular, the case law of the Human Rights Committee do not call the State or official religion into question (Comment No. 22 of 20 July 1993). However, the Committee did point out that such status should not be exploited at the expense of human rights and minority rights. The issue of the treatment of minorities will be examined below. 120. The constitutional provisions concerning recognition of the identity of indigenous peoples and certain rights in respect of such peoples constitute a belated but noteworthy step forward. 121. The Special Rapporteur welcomes Argentina’s accession to most of the international human rights instruments - in fact all the instruments relating to freedom of religion and belief and the fact that it has incorporated them into the Constitution, with the status that entails. 122. As to the Constitution of Buenos Aires and article 199, which states that education should be provided in State schools in accordance with Christian moral principles, the Special Rapporteur considers that referring exclusively to the values of one religion may, in certain circumstances, constitute discrimination against minorities. However, this provision with constitutional status should in any event be interpreted in the light of the international human rights instruments which Argentina has ratified and which guarantee, in particular, the principle of non-discrimination. The Special Rapporteur also wishes to point out that, in the above-mentioned Comment No. 22, the Human Rights Committee emphasized that limitations on freedom to manifest a religion or belief for the purpose of protecting morals should not be based on principles deriving exclusively from a single tradition. 123. As for other legal provisions, the Penal Code imposes penalties for any attacks on the lives of individuals or individual freedom for religious reasons. 124. The legislation which directly or indirectly governs freedom of religion or belief explicitly or implicitly enshrines the principles of tolerance and non-discrimination, which are the foundations of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. 125. The Special Rapporteur notes with satisfaction the legislation adopted to grant recognition to the religious holidays of the Christian, Jewish and Muslim communities, allow exemptions on religious grounds in schools and guarantee the right to conscientious objection for reasons of belief. 126. He also notes the substantial legislative arsenal designed to prevent and punish any discrimination based on religion or belief, in the context of framework legislation of general scope which provides for criminal penalties (the 1998 Anti-Discrimination Act), as well as laws

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