Legal framework on freedom of religion and actual application
The Preamble to the Constitution[1] invokes the protection of God, the source of all reason and justice. Article 2 states that the government “supports the Roman Catholic Apostolic Faith,” while Article 14 stipulates that everyone in the country has the right to freely profess their religion.
On taking office, the President and Vice President take an oath, “consistent with their religious beliefs” (Article 93).
Under Article 73, “Regular clergymen cannot be members of the Congress.”
Bills on religious freedom were presented in 2021[2], 2022[3] and again in the period under review. There have also been attempts to repeal or expand the scope of Law 21.745, which concerns the registration of religious groups. Over the last 30 years, several similar legislative proposals have been made.
The law prohibits all forms of discrimination against workers, including on religious grounds (Article 17), and employers must not ask employees about their religious views (Article 73).[4]
According to Article 126 (b) of the Education Law, students’ freedom of conscience must be respected. Article 128 (c) guarantees parents the right to consider their religious beliefs when choosing a school or university for their children.[5]
Article 80 (4) of Argentina’s Penal Code punishes religiously motivated murder with life imprisonment. According to Article 119 (b), being a member of the clergy is an aggravating circumstance in cases of sexual abuse.[6]
Argentina recognises the Catholic Church and its activities under an agreement signed with the Holy See in 1966.[7] This was ratified by Argentina’s National Congress, which, under Article 75 (22) of the constitution, has the power to “approve or reject treaties entered with other nations and with international organisations, and concordats with the Holy See”. Argentina and the Holy See have also signed an agreement on the military ordinariate and chaplaincy in the Armed Forces.[8]
The State used to pay the salaries and benefits of some members of the Catholic clergy,[9] but in 2018 the Catholic Bishops’ Conference of Argentina (Conferencia Episcopal Argentina, CEA) decided to gradually dispense with public funding. This was part of an agreement with the government in response to calls for the complete separation between the Catholic Church and the State.[10] All contributions ended on 31 December 2023.[11]
Article 146 (c) of Argentina’s Civil and Commercial Code states that the Catholic Church is a public legal person.[12] As such, it is governed by its own legal structures (Article 147).[13] Other Churches, confessions or religious entities are, according to Article 148 (e), private legal persons, governed by the Civil and Commercial Code and their own statutes.[14]
All religious organisations must register with the National Register of Religions, except for the Catholic Church, which is already recognised under the concordat.[15]
Some Catholic holy days are statutory holidays. People who profess non-Christian religions, such as Judaism or Islam, have their own holy days recognised as non-working days.[16]
Any minister of a recognised religion has the right not to disclose confidential information obtained during their religious duties when involved in legal proceedings (Article 244).[17]
Law 27.678 of July 2022 creates a strategy to cover the spiritual needs of patients who are receiving palliative care.[18]
In Neuquén Province, a bill was introduced to guarantee members of the police the right to freely profess their religion and obtain spiritual assistance.[19]
Buenos Aires Province introduced a “Bill on Public Education without Religious Interference”[20] to ensure a “secular” education in all state and private schools, including a ban on religious practices and rites on school premises, and the use of religious symbols.
Incidents and developments
In March 2023, the University of Cuyo in Mendoza held a photographic exhibition, which described as blasphemous by some Christian leaders, caused “pain, discomfort, perplexity and rejection”, and “offence to religious feelings”.[21]
Similarly, in May 2023, the Museum of Fine Arts in Buenos Aires hosted an exhibition featuring La civilización occidental y cristiana, a provocative sculpture by Argentine artist León Ferrari that had previously drawn criticism from Archbishop Jorge Bergoglio.[22] The work portrays Christ crucified on a U.S. warplane. Created in 1965 in response to the Vietnam War, the piece provoked intense controversy during a 2004 exhibition in Buenos Aires, when Bergoglio denounced it as “a blasphemy that shames our city”.[23]
Provincial courts also ruled on issues related to religious freedom. In Mendoza, a tourist complex was ordered to pay damages to a young Muslim woman who had not been allowed to swim wearing a burkini.[24] In Córdoba, a woman was granted the right to pray in a mosque in the same room as men, as she had done before under a different sheikh.[25]
The Argentine Council for Religious Liberty (CALIR) had earlier expressed concern about the proliferation of municipal ordinances establishing religious registers and restrictions on places of worship.[26] This became prominent in the period under review. In 2023, La Pampa provincial government set up a Provincial Registry of Religious Entities and Ministers of Culture,[27] and registered six new churches in a ceremony that highlighted their social and spiritual contributions.[28] In Mendoza Province, the government approved an ordinance regulating “temples of faith”, creating the Municipal Religious Directorate with powers to keep a record of places of worship;[29] the same process is pending in Puerto Madryn, Chubut Province.[30]
In March 2023, during the annual meeting of the Episcopal Commission for Indigenous Pastoral Ministry, Indigenous communities and Church representatives denounced both historical and ongoing injustices. These included the violent seizure of ancestral lands, suppression of cultural and spiritual identity, and systemic marginalisation by successive governments. Participants criticised the government for repeatedly failing to fulfil its commitments -such as recognising land rights, ensuring legal protections, and incorporating Indigenous voices into decision-making processes. They urged the State to take concrete action in line with national and international legal frameworks protecting Indigenous rights.[31]
The same month saw the Ministry of Justice organise a discussion with Muslim women to mark the International Day to Combat Islamophobia.[32]
In March 2023, the Council for Catholic Education (CONSUDEC) and the Federation of Religious Educational Associations of Argentina (FAERA) raised concerns about the financial viability of Catholic schools following recent government decisions. Largely dependent on state subsidies and tuition fees, the schools face a funding gap created by a mandated 66% teacher salary increase, while increases in tuition fees are capped at only 16.8%. With 80 - 85% of school expenses allocated to salaries, this imbalance threatens their sustainability.[33]
In April 2023, the Supreme Court ruled against a person’s request to change the sex on their baptismal certificate, noting that the registration of sacraments rests with the Catholic Church and is outside the purview of the State.[34]
In June 2023, the Santa Eucarístía Parish in Buenos Aires was desecrated and its ostensory with the Holy Eucharist was stolen.[35] A similar incident was reported in the Sagrada Familia Parish in July 2023.[36]
In June 2023, Congress approved Law 27.744, declaring 18 July a day of national mourning in memory of the 1994 attack on the Argentine Israelite Mutual Association (Asociación Mutual Israelita Argentina, AMIA).[37] In April 2024, it approved Law 27.741, making 31 October the National Day of the Evangelical and Protestant Churches.[38] There are now an estimated six million Evangelicals in Argentina, representing 15 percent of the population. In August 2024, the Province of Neuquén established the Provincial Day of the Evangelical Pastor, which will be celebrated each year on 22 September in recognition of the work of Evangelical ministers.[39]
In June 2023, the Ministry of Foreign affairs appointed a Special Representative for Combating Antisemitism who is tasked with preventive initiatives at the national and international levels, including engagement in forums.[40]
On 18th July 2023, Argentina launched a national programme called “MenstruAR” to promote equitable access to menstrual health. Developed by the National Directorate for Comprehensive Equality Policies, the initiative aligns with the United Nations’ joint declaration from 8th March 2019 which urged States to dismantle taboos around menstruation. The declaration noted that in some countries, menstruating women and girls are deemed impure and are barred from participating in religious or cultural ceremonies or entering places of worship.[41]
On 18th September 2023, the Secretariat of Worship, part of the Ministry of Foreign Affairs, and the Institute for Global Dialogue and the Culture of Encounter launched the International Program of Hope. The initiative aims to foster collaborative actions and dialogue among social, cultural, community, political, and religious sectors, with the objective of building a more just, inclusive, equitable, and sustainable future. It promotes hope as a catalyst for social progress and seeks to establish a cooperative network grounded in mutual respect, care for the “common home,” and the protection of human rights.[42]
That same year celebrations were held to mark the 180th anniversary of the German Evangelical Church in Argentina, with the participation of clergy from various denominations.[43]
In 2023, during his re-election campaign, the Mayor of La Matanza, Fernando Espinoza, released a promotional video featuring an image of the Virgin of Luján, accompanied by the municipal logo and the word fe (faith) - a term referencing both religious belief and his own initials. In the video, Espinoza recounts his personal devotion and family connection to the Virgin, which prompted criticism for the use of religious symbolism in political messaging.[44]
Argentina continues to stand out for its interfaith dialogue. In 2023, religious leaders, senators and officials took part in an event entitled “Global dialogue to promote tolerance, peace and respect for freedom of belief”. The aim was to raise awareness about religious discrimination and to highlight the alarming rise of intolerance and violence, often fuelled by Islamophobia, antisemitism and anti-Christian sentiment.[45]
In January 2024, the Civil Court of Appeals (Cámara de Apelaciones en lo Civil) in Buenos Aires upheld an appeal by a 12-year-old Jewish girl, allowing her to travel to Israel to celebrate her bat mitzvah with her family. The ruling highlighted the primacy of the child’s best interests and her right to religious freedom, considering her Orthodox Jewish background and the cultural significance of the event. A lower court had initially denied the request, citing security concerns due to the ongoing conflict in the Middle East. The appellate court overturned that decision, affirming the importance of her religious and cultural development and noting that sufficient safety measures had been arranged.[46]
The Delegation of Argentinian Jewish Associations (DAIA) highlighted a sharp increase in antisemitic incidents in 2023. Cases rose by 44 percent compared to 2022, with 57 percent occurring in the three months following the Hamas attack on Israel on 7 October 2023.[47] The trend intensified in January 2024, when over 100 incidents were documented - representing a 600 percent increase compared to January 2023.[48]
In February 2024, the government announced its intention to dissolve the National Institute Against Discrimination, Xenophobia, and Racism (INADI), an agency founded in 1995 partly to support victims, including those from religious communities[49]. It justified the decision as being part of efforts to streamline public administration. Despite strong criticism from human rights organisations and groups such as the Delegation of Israeli Associations in Argentina (DAIA)[50] the institute was officially disbanded in August 2024 through Decree 696/2024, with its functions transferred to the Ministry of Justice.[51]
In March 2024, a group of protesters taking part in International Women’s Day vandalised an Evangelical church in Luján.[52] The Christian Alliance of Evangelical Churches of the Argentine Republic (ACIERA) issued a statement condemning the incident. The Red Respeto Religioso - a network founded in 2021 by Catholic laypeople to defend the faith against public offences - expressed solidarity with the Evangelical community, calling for justice and accountability.[53]
In April 2024, a judge in Salta found Archbishop Mario Cargnello, Emeritus Bishop Martín de Elizalde, Judicial Vicar Loyola Pinto y de Sancristóval, and Fr Lucio Ajalla guilty of “gender-based violence” against the Discalced Carmelite Sisters of the historic San Bernardo Convent. The ruling identified various forms of abuse - religious, psychological, physical (though not sexual), and economic - carried out over two decades, including interference in the convent’s internal affairs and abusive conduct during the wake of the abbess. Tensions between the Discalced Carmelite nuns of Salta and Archbishop Mario Cargnello have escalated in recent years, largely due to the nuns’ support for the unapproved Marian devotion to the “Virgen del Cerro”. Archbishop Cargnello has consistently refused to recognise alleged apparitions reported by the seer María Livia Galiano de Obeid and has not authorised the celebration of Masses at the associated sanctuary.[54] In 2022, the Vatican’s Congregation for Institutes of Consecrated Life and Societies of Apostolic Life reaffirmed the authority of the diocesan bishop, instructing the nuns to adhere strictly to monastic life and refrain from engaging in unauthorised apostolic activities.[55]
In June 2024, a court in La Matanza ruled that an 11-year-old boy, eligible for adoption after being removed from his family due to violence, should be placed with a new family that respected his Jewish identity. He had expressed a clear preference to be adopted by a Jewish family, though not necessarily Orthodox. The judge emphasised that protecting his religious identity was in his best interests and that, in Jewish tradition, adoption within the faith helps preserve identity, community continuity, and religious values.[56]
In October 2024, antisemitic graffiti appeared on a monument in Rivadavia Park in Buenos Aires. The authorities responded with an investigation and special protection for Jewish institutions amid rising violence.[57]
In Tucumán, a petition submitted in October by a group of lawyers to remove an image of the Virgen del Valle from the hall of the Bar Association was rejected.[58]
On 30th November 2024, the Nativity of the Lord Parish, in the Rucci neighbourhood of the City of Rosario in Santa Fe, was attacked with a Molotov cocktail that damaged a floor, a fence and a chapel wall. A note was found demanding the release of Marcelo “Frentudo” Fernández, a known criminal who had recently been arrested as part of an investigation into drug trafficking.[59]
On 25th November 2024, the government celebrated Religious Freedom Day, highlighting “the exemplary coexistence and dialogue between different religions, which it is the duty of the State to promote”.[60] The Argentine Council for Religious Liberty (Consejo Argentino para la Liberta Religiosa, CALIR) did the same.[61]
In 2024, the Community of Sant’ Egidio and the Commission for Ecumenism and Interreligious Dialogue of the Archdiocese of Buenos Aires organised a prayer meeting for peace.[62] A new edition of “The Night of the Temples” was produced[63], giving participants the opportunity to visit places of worship that embody religious diversity.[64]
Throughout the reporting period, the Catholic Church remained active in social debates. In the 2023 Social Week, the Episcopal Commission on Pastoral Social Care appealed for “greater listening, remembering and strengthening democracy”.[65] In June 2024, Caritas Argentina released its report on poverty.[66] In December 2024, the Catholic Bishop’s Conference wrote to the newly elected President, expressing its willingness to engage with him in dialogue and cooperation,[67] an offer which was well received.[68]
Prospects for freedom of religion
In the period under review, two positive trends emerged in Argentina, namely a decline in violent incidents motivated by religious intolerance and a revival in the country’s traditionally fruitful interreligious dialogue. With the lifting of the last restrictions imposed during the COVID-19 pandemic, Church-State relations improved markedly.
In the period under review, Argentinian courts also issued several rulings that better protect religious freedom. Prospects for freedom of religion are positive.
Sources
Argentina