CHILE
Legal framework on freedom of religion and actual application
Article 1 of the 1980 Constitution of the Republic of Chile (revised in 2021)[1] acknowledges that people are born free and equal in dignity and rights. It stipulates that the “family is the fundamental core of society” while protecting “intermediate groups through which society organizes and structures itself, and guarantees them the necessary autonomy to fulfill with their own specific purposes”. It further acknowledges that “the State is at the service of the human person” and must ensure that each individual can achieve “the greatest spiritual and material fulfillment”.
Article 19 (6), guarantees “freedom of conscience, expression of any belief and the free exercise of all religions which are not contrary to morals, good customs or public order.” It further stipulates that “religious denominations may erect and maintain temples and their dependencies under the safety and hygiene conditions established by the laws and ordinances”. The same article states that houses of worship “shall be exempt from all taxes” if they are used solely for their stated purpose.
“Parents have the preferential right and duty to educate their children” (Article 19,10), while “freedom of education includes the right to open, organize and maintain educational institutions” (Article 19, 11).
Abortion in Chile is prohibited in all circumstances except under three specific legal grounds established by Law No. 21.030, enacted in 2017. These exceptions are: (1) when the pregnancy poses a risk to the life or health of the woman; (2) when the fetus is diagnosed with a condition incompatible with life outside the womb; and (3) when the pregnancy results from rape — permitted up to 12 weeks of gestation, or up to 14 weeks if the victim is under 14 years of age. Outside of these exceptions, abortion remains a criminal offence.[2] Health professionals and institutions may opt out of performing abortions by invoking the right to conscientious objection.[3] In 2024, the Ministry of Health requested the Comptroller General of the Republic to withdraw Decree No. 22 in an attempt to modify the law so that every hospital has a team of non-conscientious objectors to provide abortion services upon request.[4]
Chile’s legislative framework protects religious freedom for more than 5,400 recognised religious entities.[5] Pursuant to Law No. 19638 of 1999, which lays down the rules on the legal establishment of Churches and religious organisations,[6] any religious group can apply for non-profit status.
The Ministry of Justice may not turn down a request for registration outright, but it can object to any application within 90 days, if the latter falls short of what it deems legally required. In such cases, applicants have 60 days to make submissions to the State defending their application or seeking redress in court.
The State cannot deregister a religious organisation once it has gained approval, except by a final court ruling handed down after a trial at the request of the State Defence Council in appropriate cases (Article 19 of Law No. 19638).[7]
The Catholic Church has legal personality under public law and maintains its own legal status, without these constituting grounds for unequal treatment.[8]
Law No. 19638[9] prohibits discrimination on the basis of religion. It enshrines freedom of religion and worship, individual choice, and protection from coercion. Thus, everyone can freely profess the religious belief of their choice and engage in acts of worship in public or in private, individually, or collectively. They may celebrate festivities or perform their rites. If they so chose they may also do none of these things. This also entails the right to freely leave or change religion.
Recognised religious groups are autonomous in education and are entitled to set up their own educational institutions, clubs, or any other organisation.[10] Following the ruling of the Inter-American Court of Human Rights in the case of Pavez Pavez vs Chile,[11] the government plans to modify the decree regulating religious education, incorporating relevant changes such as the required Certificate of Suitability for religious teachers.[12]
According to Law 19947[13] on Civil Marriage of 2004, marriages celebrated by legally recognised religious entities may be civilly recognised. In 2024, the deadline for the confirmation of religious marriages at the Civil Registry was extended to 15 days and can be done by the contracting parties’ representative.[14]
Law No. 20609[15] of July 2012 prohibits arbitrary discrimination, as well as any form of exclusion or restriction that lacks reasonable justification that might cause hardship and disorder or threaten the legitimate exercise of fundamental rights. This is particularly the case if discrimination is based on specific grounds, such as race, ethnicity, or religion.
The law admits one exception to the principle of non-discrimination, accepting as reasonable that a person may be subjected to difference in treatment when exercising other legitimate fundamental rights such as freedom of conscience, belief and religious practice.[16] A draft law is currently being discussed that seeks to eliminate this exception.[17]
Law No. 21394[18] of November 2021 allows Supreme Court justices to choose between swearing an oath (to a higher power) or making a affirmation (without any religious connotation).
Article 30 of Law No. 21430 on the Rights of Children and Adolescents[19] recognises the right of every child and adolescent to freedom of religion, as well as the right not to profess any religion or belief.
In April 2022, a law was enacted providing tax benefits for donating money to non-profit organisations, including those engaged in religiously related activities.[20]
In January 2023, regulations were published regarding palliative care and the rights of people who suffer from terminal or serious illness. These specifically recognise the right to receive spiritual or religious care.[21]
In September 2024, the Government of Chile enacted Decree No. 115, which introduces substantial changes to the legal framework for religious education in the school system, modifying Supreme Decree No. 924, of 1983.[22]
Among the main changes, the Undersecretariat of Education is given the power to review and eventually revoke a teacher’s “Certificate of Suitability” required to conduct religion classes, establishing a maximum period of 30 days for this process. In addition, the new framework removes the requirement to present both a professional degree and the certificate, which represents a change to the formal requirements for teaching religion.[23]
Faced with these reforms, several religious organisations, especially the Catholic Bishops’ Conference of Chile and the National Evangelical Education Committee, raised formal objections with the Office of the Comptroller General of the Republic.[24] These organisations argue that the decree violates fundamental constitutional principles, such as the autonomy of religious confessions, freedom of education and religious pluralism. The concerns are that the new rules represent an undue interference by the State in their internal affairs, changing the meaning and reach of the Certificate of Suitability, and making it more difficult to maintain doctrinal and ethical principles in line with the respective religious traditions.[25]
Incidents and developments
In March 2023, the Catholic Bishops’ Conference of Chile expressed concern over organised crime and drug trafficking,[26] as well as the increase in violence,[27] and criticised the lack of an appropriate migration policy.[28]
Arson attacks against places of worship, especially in the southern region of Araucanía, continued during the period under review. Most singled out rural chapels and occurred in the early hours of the morning. Sometimes messages were left demanding the release of ethnic Mapuche political prisoners (the indigenous inhabitants of this part of the country).[29]
The targeted places of worship were mostly used by the local Catholic and Evangelical communities, but some were also used by neighbourhood councils, senior citizens’ groups, and territorial organisations, among others.[30]
The year 2023 was particularly violent. In March, the Catholic Chapel of Nuestra Señora de los Rayos, near Victoria, was destroyed in an arson attack[31] and the Chapel of the Sacred Heart of Jesus, in the Amanza sector, was also set on fire. Both incidents were attributed to the Malleco Mapuche Resistance;[32] in the wake of these attacks, the Diocese of Temuco issued a call for “non-violence”.[33]
In June 2023, arson destroyed the Chapel of Saint Therese of the Andes, part of the Chihuimpilli community in the Municipality of Quepe, Diocese of Villarrica.[34] Another arson attack destroyed the Catholic Chapel of Alto Quino, in the Municipality of Curacautín, claimed by the Malleco Mapuche Resistance.[35]
In August, the Chapel of Santa María del Camino in Vivilco, Cañete[36] and a church of the Mapuche community of Aniñir, in the Municipality of Traiguén,[37] were also set on fire.
In September 2023, the Temuco Court of Appeals ruled in favour of ethnic Mapuche inmates who had gone to court claiming that their cultural and religious practices had been restricted.[38] In December 2023, the Santiago Court of Appeals authorised a hospital to carry out the necessary medical treatment, including blood transfusion, to save the life of a boy whose Jehovah’s Witness mother had refused transfusion.[39]
There were also acts of vandalism related to the IsraeliPalestinian conflict. In October 2023, the Church of Saint Michael Archangel in Calbuco, which dates to the 17th century, was spray painted with pro-Palestine slogans,[40] while pro-Palestine and antisemitic slogans defaced a Synagogue in Concepción.[41]
In April 2024, accused perpetrators were convicted for acts of arson and vandalism carried out against places of worship during the social unrest of October 2019. Of note, the individual found guilty for the arson attack on the Church of Saint Francis Borja, in central Santiago, was sentenced to a total of 10 years in prison.[42] On 1 October a trial court ordered the government to pay damages of approximately three million US dollars for “lack of protection and prevention by the State” and “lack of service provided by the State” following the attacks on the Parish of Asunción, also in Santiago.[43]
In October 2024, the Church of Saint Francis in the city of Iquique (Tarapacá Region) – one of the oldest in the country – was set ablaze. The region’s presidential delegate stated that it was “totally destroyed, a catastrophe for the region”. Police opened an investigation into the attack.[44]
During the two-year period, several pieces of legislation were introduced affecting religion and religious groups. In March 2023, a bill was introduced to explicitly crack down on antisemitism;[45] in April 2023, with the support of local authorities, the National Office for Religious Affairs set up a Municipal Interreligious Council Puerto Montt[46] at aimed at building more cohesive communities and; in April 2024, another bill was introduced requiring the express parental consent for children to attend sex education classes in school.[47]
In May 2024, government authorities inaugurated the renovated Church and Convent of San Francisco de Valparaíso. Built in 1864, the church had been destroyed in a fire. The restoration work was paid with public funds, and the authorities highlighted the importance of caring for and preserving the country’s heritage for future generations.[48]
In September 2024, during Homeland Days, Chilean President Gabriel Boric took part in the traditional ecumenical Te Deum held at the Metropolitan Cathedral.[49] He also joined the Evangelical Te Deum at the Saint Bernard Pentecostal Methodist Church where he expressed his gratitude for the annual prayers devoted to Chile, declaring: “What one sees here is good”.[50]
President Boric thanked Evangelical and Protestant Churches for their contribution to society on the day dedicated to them (30 October);[51] on that same day, a memorial monument was inaugurated in Pitrufquén to honour the Bible in the presence of pastors, local authorities and members of the community.[52]
In November 2024, Pope Francis presided over the commemoration of the 40th anniversary of the Peace and Friendship Treaty between Chile and Argentina, achieved through the mediation of Pope John Paul II, which was attended by the Chilean foreign minister.[53]
Some controversies arose between Chilean authorities and Chile’s Jewish community during the period under review. Despite positive signs with the March 2023 antisemitism bill and the ADL digital education project aimed at preventing antisemitism and teaching secondary school students about the Jewish community,[54] President Boric did not attend the Hanukkah celebrations in 2023 and 2024.[55] The public absence led Jewish community leaders to accuse the government of “discrimination and abuse”.[56]
There was also public debate after some lawmakers protested the installation of a large Hanukkah menorah on Puerto Montt’s seafront. The government responded by saying that it had been erected at the request of the city’s Council of Evangelical Pastors, and merely as a temporary structure.[57] One senator labelled it a “symbol of death”, prompting the Jewish community to decry “one of the greatest acts of intolerance and contempt against religious freedom”.[58] The senator eventually retracted his statement.[59]
These concerns later led the undersecretary for foreign relations to meet with the chairman of the Jewish Community in March 2025,[60] stating that the government would continue to promote religious freedom, and fight against discrimination, which remains a constant challenge for governments around the world.[61]
Regarding other religious confessions during 2024, the Expanded Roundtable of Evangelical Entities expressed its opposition to bills that would allow abortion on demand and euthanasia.[62] The Williche Maikolpi Mapuche community asked an Evangelical community, with which it has an ongoing land dispute, to abstain from holding services on what it considers its land.[63] In a joint statement, the country’s main religious confessions opposed the recognition by the Ministry of Justice of the “Temple of Satan” as a religious entity.[64]
Controversy also surrounded the song chosen to represent Chile at the Viña del Mar Music Festival, since its lyrics and video clip were considered offensive to the Christian community.[65] Another controversy erupted over the decision by some businesses to open on Good Friday, traditionally a national holiday. The Catholic Archbishop of Santiago, Fernando Chomalí, said that this violated the right to profess one’s faith.[66]
Prospects for freedom of religion
Acts of violence against places of worship, mostly in the region of La Araucanía, continue to be a source of concern. Many of these attacks take place in rural areas, inhabited by the Mapuche community, who are mostly Christian. The conflict, which began over historical claims to land, has increasingly turned violent with possible links to drug trafficking and organised crime. Besides churches, machinery and trucks have been targeted, with the theft of timber included. The government, with the support of Congress, has maintained martial law in the provinces of La Araucanía and Bio Bío[67] for the past three years, but this has not been enough to end the violence. One positive development has been the work of courts upholding freedom of religion or belief and cracking down on those who breach it. Nonetheless, this right continues to be violated as arson attacks against churches continue. For these reasons, prospects for freedom of religion require continued observation.
Sources
Chile