Legal Framework
The constitution states freedom of conscience, religion, and worship are inviolable and protects the right of individuals to choose, practice, profess, and change their religion and to interpret their religious beliefs for themselves. It provides for the separation of religion and state, and it prohibits the state from imposing religious beliefs and practices on individuals. It prohibits political parties from adopting names associated with particular religious groups. The constitution prohibits ridiculing religious symbols or practices.
Violations of religious freedom are crimes subject to penalties of between three months and three years in prison. These may include discrimination against individuals for their expressed religion or lack thereof, violations of the freedom of and from religious education, denial of religious assistance in hospitals and prisons, denial of free speech to religious organizations, threats against places of worship, and violations of conscientious objection within the bounds of the law.
The law codifies the constitution’s religious freedom provisions by providing for equal rights and guarantees for all religions in accordance with the constitution and international law. The law separates religion and state but allows the government to sign agreements with religious entities on matters of public interest. Specific sections of the law guarantee the protection of religious heritage, the right to religious education, freedom of organization of religious groups, and the free exercise of religious functions and worship.
A concordat between the government and the Holy See recognizes the legal status of the Catholic Church and its right to carry out its apostolic mission freely. The concordat further recognizes Catholic marriages under civil law and the right of Catholics to carry out religious observances on Sundays, and it specifies a number of Catholic holidays as public holidays. It protects places of worship and other Catholic properties and provides for religious educational institutions, charitable activities, and pastoral work in the military, hospitals, and penal institutions. The concordat exempts Church revenues and properties used in religious and nonprofit activities from taxes and makes contributions to the Church tax deductible.
The law requires all associations, whether religious or secular, to register with the Ministry of Justice. The constitution states an association may not be armed; be in violation of penal law; or promote violence, racism, xenophobia, or dictatorship. To register, a religious group must submit a copy of its charter and statutes signed by its members. Failure to register does not result in any restriction of religious practice but can impinge on a religious group’s ability to conduct related activities, such as importing supplies, purchasing land, and constructing places of worship. Registration provides additional benefits, including exemptions from national, regional, and local taxes and fees. Registered religious groups may receive exemptions from taxes and fees in connection with places of worship or other buildings intended for religious purposes, activities with exclusively religious purposes, institutions and seminaries intended for religious education or training of religious leaders, goods purchased for religious purposes, and distribution of publications with information on places of worship. Legally registered churches and religious groups may use broadcast time on public radio and television at their own expense. The law requires religious groups to obtain the notarized signatures of 500 members before they may begin any activities related to developing their presence in the country. Failure to present the required signatures prevents religious groups from completing their formal registration process and obtaining tax-exempt status and protections to property and presence in the country. The law permits conscientious objection to mandatory military service on religious grounds.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Some public schools continued to offer an optional Religious and Moral Education Curriculum (EMRC), produced by the Catholic Church per the terms of the Holy See’s concordat with the government.
According to Ministry of Justice prison authorities, the government provided accommodation to inmates to practice their religions and to worship in the country’s correctional facilities.