E/CN.4/2002/73/Add.1
page 33
Equal treatment
153. From the viewpoint of international law and jurisprudence in this field, the status of the
Catholic Church as enshrined in the Constitution is not called into question. Concerning the
manifestations of this status and their impact on the other communities of religion or belief, the
Special Rapporteur, while understanding the special position occupied by the predominant
Catholic Church for historical and sociological reasons, considers that a number of steps should
be taken to ensure wholly equal treatment of all communities of religion or belief.
154. Concerning financial aid from the State, the Special Rapporteur has noted the statement
made by the Secretary of Worship relating to possible future changes in the shape of the revision
of the system of financial support for religions. In this regard, the Special Rapporteur
recommends extensive consultations with communities of religion or belief, however large or
small they may be, in order to draw up a detailed list of needs in terms of financial assistance
from the State. In the light of these results, the Special Rapporteur recommends that the State
should decide on financial grants to communities of religion or belief, on the basis of the
principle of equality through equivalence.
155. Concerning the status of legal person under public law, which is at present granted
exclusively to the Catholic Church, and assuming the eventual adoption of the bill prepared by
the Secretary of Worship (granting such status to religions once their registration has been
approved), the Special Rapporteur considers it necessary to ensure, in the light of the principle of
equality, the absence of discriminatory consequences arising from the granting or non-granting
of the status of legal persons under public law (a study which is needed in the light of the present
situation, but will also be needed if the bill is adopted because certain denominations that wish to
register, but do not comply with the established criteria, will be unable to benefit from the status
of legal person under public law).
156. Concerning humanists, the Special Rapporteur recommends that their representatives
should be fully recognized by the State and should be consulted within the appropriate State
institutions, such as INADI, as well as on the problem raised by the fact that taxes used to fund
religions are imposed on non-believers.
157. Concerning manifestations of Catholicism in State institutions (for example, the presence
of Catholic symbols), the Special Rapporteur understands the historical and sociological
considerations involved, but recommends that the authorities should ensure, by means of a
variety of measures (in the field of training and education, for example), that this does not lead to
any passive or active discrimination (for example, in relation to genuine access for all citizens,
whatever their religious or ethnic affiliation, to senior posts in key State institutions such as the
security and police forces) on the part of officials, on the basis of their own interpretations. It is
also important that all values, and particularly religious values (Catholic in the present case),
which might underlie the policies and legislation of the State should not be in conflict with the
international human rights instruments which are binding on Argentina, especially those relating
to women’s rights, belief and non-discrimination.