Legal Framework
The constitution provides for freedom of conscience and the free exercise of worship. These practices must not be “opposed to morals, to good customs or to the public order.” Religious groups may establish places of worship, as long as the locations are in compliance with hygiene and security regulations.
According to the constitution, religion and state are officially separate. The law prohibits religious discrimination and provides civil legal remedies to victims of discrimination based on religion or belief and increases criminal penalties for acts of discriminatory violence.
The law does not require religious groups to register with the government; however, there are tax benefits available to those that register. Once registered, a religious group is recognized as a religious nonprofit organization. This differs from the nonprofit status for other nongovernmental organizations in that religious organizations have the option of adopting a charter and bylaws suited to a religious entity rather than a private corporation or a secular nonprofit. Additionally, under the law, religious nonprofit organizations may create affiliates such as charitable foundations, schools, or additional houses of worship, which retain the tax benefits of the religious parent organization. There are currently more than 3,000 religious entities registered, the majority of which are small Pentecostal faith communities. By law, the Ministry of Justice may not refuse to accept the registration petition of a religious entity, although it may object to petitions within 90 days if legal prerequisites for registration are not satisfied.
Applicants for religious nonprofit status must present the Ministry of Justice with an authorized copy of their charter and corresponding bylaws with signatures and identification numbers of those who signed the charter. The bylaws must include the organization’s mission, creed, and structure. The charter needs to specify the signers, the name of the organization, its physical address, and must include confirmation that bylaws have been approved. In the event the ministry raises objections to the group, the petitioner has 60 days to address objections the ministry raises or can challenge the ministry in court. Once registered, the state may not dissolve a religious entity by decree. If concerns are raised postregistration about a religious group’s activities, the semiautonomous Council for the Defense of the State may initiate a judicial review of the matter. The government has never deregistered a legally registered group. One registration per religious group is sufficient to extend nonprofit status to affiliates, which can be additional places of worship or schools, clubs, and sports organizations, without registering them as separate entities. According to ONAR, the Ministry of Justice receives approximately 30 petitions monthly; the ministry has not objected to any petition and registered every group that completed the required paperwork.
Publicly subsidized schools must offer religious education for two teaching hours per week through high school. Local school administrators decide how religious education classes are structured. The majority of religious instruction in public schools is Catholic, although the Ministry of Education has approved instruction curricula designed by 14 other religious groups. Schools must provide religious instruction for students in the curriculum requested by their parents, and parents may have their children excused from religious education. Parents also have the right to homeschool their children for religious reasons or may enroll them in private, religiously oriented schools.
The law grants religious groups the right to appoint chaplains to offer religious services in public hospitals and prisons. Prisoners may request religious accommodation. Regulations for the armed forces and law enforcement agencies allow officially registered religious groups to appoint chaplains to serve in each branch of the armed forces, in the national uniformed police, and the national investigative police.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The Catholic Church continued to have a presence in public and some private schools, private hospitals, prisons, and the military as it founded and managed many social services and institutions beginning in colonial times. The Church, however, did not hold any rights or privileges additional to other religious groups. Representatives from ONAR regularly met with religious leaders with the stated aim of ensuring minority religious practices were respected in state institutions. Authorities continued to support the implementation of the requirement to provide non-Catholic religious education in public schools when requested by parents. Authorities engaged and supported schools through municipal offices of religious affairs, encouraged the development of community-supported religious curricula, and provided religious diversity training to public servants. While prisons and military chaplains were predominately Catholic, ONAR made an effort to counter perceptions of bias and support diversity in the chaplaincy by encouraging other faith communities to prepare and present candidates for these positions. The independent government agency, the National Institute of Human Rights (INDH) reported observing flourishing Protestant faith communities within the prison system.
The ONAR continued to work through the Interfaith Advisory Council – a roundtable organization comprising religious leaders representing the country’s religious communities, including Catholics, Protestants, Jews, Muslims, and Bahais, and designed to further facilitate and enhance interreligious dialogue within the country by establishing standing meetings among religious leaders and offering government space to host those conversations. At the suggestion of the Advisory Council, President Michelle Bachelet hosted an inaugural iftar to bring together the country’s diverse interfaith community. From October 13-16 the Bahai community dedicated its South American Bahai temple in Santiago, with both government and interfaith participation.