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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