The constitution provides for the right to profess, teach, and practice freely one’s faith. It declares the support of the federal government for “the Roman Catholic Apostolic faith,” but the Supreme Court has ruled that it is not an official or state religion.
The government provides the Catholic Church with tax-exempt subsidies, institutional privileges such as school subsidies, significant autonomy for parochial schools, and licensing preferences for radio frequencies. The law does not require the Catholic Church to register with the Secretariat of Worship in the MFA. Registration is not compulsory for other religious groups, but registered groups receive the same status and fiscal benefits as the Catholic Church, including tax-exempt status, visas for religious officials, and the ability to hold public activities. To register, religious groups must have a place of worship, an organizational charter, and an ordained clergy, among other requirements. To access many of these benefits, religious groups must also register as a civil association through the General Inspectorate of Justice.
Registration is not required for private religious services, such as those held in homes, but is sometimes necessary to conduct activities in public spaces pursuant to local regulations. City authorities may require groups to obtain permits to use public parks for events, and they may require religious groups to be registered with the Secretariat of Worship to receive a permit. Once registered, an organization must report to the secretariat any significant changes or decisions made regarding its leadership, governing structure, size of membership, and the address of its headquarters.
The mandatory curriculum in public schools is secular by law. Students may request elective courses of instruction in the religion of their choice in public schools, which may be conducted in the school or at a religious institution. Many Christian, Jewish, and Muslim religious groups operate private schools, which receive financial support contingent on registration with the government.
Foreign officials of registered religious groups may apply for a specific visa category to enter the country. The validity period of the visa varies depending on the purpose of the travel. Foreign missionaries of registered religious groups must apply to the Secretariat of Worship, which in turn notifies immigration authorities to request the issuance of appropriate documents.
The board of the National Institute against Discrimination, Xenophobia, and Racism (INADI), a government agency under the jurisdiction of the Ministry of Justice and Human Rights, includes representatives of the major religious groups. INADI investigates suspected and reported incidents of discrimination based on religion. INADI is not authorized to enforce recommendations or findings, but its reports may be used as evidence in civil court. The agency also supports victims of religious discrimination and promotes proactive measures to prevent discrimination. INADI produces and distributes publications to promote religious tolerance.
The country is a party to the International Covenant on Civil and Political Rights.
At year’s end, the trial of former president and current Vice President Cristina Fernandez de Kirchner remained pending, following her 2017 indictment for concealment in relation to a 2013 memorandum of understanding she signed with Iran. Prosecutors stated that then-president Fernandez de Kirchner and several high-ranking officials sought to cover up Iranian involvement in the 1994 AMIA bombing that killed 85 persons. AMIA, DAIA, and organizations representing the victims’ families continued to call for justice and a full accounting of the circumstances surrounding the bombing and any attempts at a cover-up, stating that the truth remained unclear.
In an unrelated case, a court acquitted former president Carlos Menem in February of charges he had sought to derail investigations into the AMIA bombing while president, citing lack of evidence. AMIA and DAIA issued a joint communique stating they respected the verdict. An NGO representing many of the victims’ families, Memoria Activa (Active Memory), criticized the decision, stating the Menem government knew the attack would happen and did nothing to avoid it.
Judicial inquiries continued into the 2015 death of Alberto Nisman, the lead federal prosecutor investigating the AMIA bombing. On December 26, the newly appointed Minister of Security, Sabina Frederic, announced her intent to review a 2017 analysis by the National Gendarmerie that stated two assailants killed Nisman. The analysis contradicted expert Federal Police testimony made in 2017 that suggested Nisman had committed suicide. Investigators accused Frederic of using the power of the executive branch to meddle in judicial matters, while Nisman’s mother, Sara Garfunkel, requested the judiciary’s assistance in preventing the review.
In September at the UN General Assembly, then-president Mauricio Macri called for increased international pressure to compel Iran to cooperate in the investigation of the AMIA attack, as well as that of the 1992 terrorist bombing of the Israeli Embassy in Buenos Aires.
Representatives of several religious groups stated that a government requirement that religious groups register first with the Ministry of Worship and then with the Ministry of Interior as a civil association was redundant, stating that the Catholic Church faced no such requirement. The groups said these legal processes were required to request tax-exempt status, apply for visas for foreign clergy, and hold public activities. Religious group representatives said religious groups deserved a unique process, separate from that for civil associations.
According to the plaintiffs, there was no progress in the 2018 case filed by a group of parents in Tucuman Province opposing the inclusion of religion in the province’s public school curriculum. The parents cited a 2017 Supreme Court decision that incorporation of religious education in public schools in Salta Province was unconstitutional. In August local media reported on a new case of religious teaching in a school in Formosa Province in which the school director invited a group of nuns to speak to a class during school hours without permission from the regional ministry of education or from the parents of the children. Parents said the nuns proselytized by teaching the children to pray and distributing rosaries and pamphlets. Formosa’s education minister later stated the school’s director made an error and could face disciplinary action.
Numerous religious and prolife groups, including evangelical Christian churches, expressed concern over the case of a doctor arrested for refusing to perform an abortion. In October a court in Rio Negro Province gave Leandro Rodriguez a suspended sentence of one year and two months for misconduct and prohibited him from practicing medicine for two years and four months, after he did not perform a legally permitted abortion for a woman who had been raped. In 2017 Rodriguez treated a woman suffering from severe pain and an infection after taking misoprostol, an abortion-inducing drug in her fifth month of pregnancy. Rodriguez treated the infection and halted the abortion. Three months later, the woman delivered the baby and offered it for adoption. Rodriguez’s legal team said he had halted the abortion on medical grounds and the patient had agreed to continue the pregnancy and give the baby for adoption; however, some religious groups, including local evangelical churches, said the case set a precedent against abortion-related conscientious objection.
At the end of its term in December, the Macri administration sent a new draft religious freedom bill to congress for its consideration. First proposed in 2017, the draft bill would have eliminated the requirement that non-Catholic religious groups register with the government to receive the same benefits accorded to the Catholic Church. An earlier draft of the bill allowed for conscientious objection on the basis of religion, but drafters did not include that provision in the new bill. Separately, the outgoing congress approved a draft bill in November that would declare November 25 the National Day of Religious Freedom and Conscience. The bill continued under senate review through year’s end.
Catholic Church representatives continued to discuss measures to reduce their use of federal funding following the December 2018 agreement between the government and the CEA, representing the Catholic Church, which delineated a formal, mutually agreed plan to reduce the state’s direct financial support to the Church. CEA leaders reported progress on the matter during plenary sessions held in November. Under the agreement, government funding primarily allocated for the salaries of bishops and stipends for seminarians decreased from 130 million pesos ($2.2 million) in 2018 to 126 million pesos ($2.1 million) during the year.
Throughout the year, Jewish organizations denounced the anti-Semitic commentary of former television journalist Cuneo, who was a candidate for governor of Buenos Aires Province in elections held in October. Among other incidents cited by the organizations, in a July 2 televised interview Cuneo promoted conspiracy theories about a purported Jewish plot to take over Patagonia. He also repeated claims, first made in 2018, that then-president Macri had staffed the national intelligence agency with Mossad agents.
Many Jewish groups said they continued to view relations with the Macri administration as positive and productive. They said collaboration was positive, particularly in light of what they characterized as the administration’s commitment to resolve the Nisman killing and to pursue justice in its investigations of the 1994 AMIA attack and the 1992 terrorist bombing of the Israeli embassy.
Secretary of Worship Alfredo Miguel Abriani, the human rights secretary, the Buenos Aires director general for religious affairs, and other government representatives continued to host and attend religious freedom conferences, interreligious dialogues, rabbinical ordinations, Catholic services, and Rosh Hashanah, Eid al-Adha, and Eid al-Fitr celebrations, as well as other religious activities, including those held by Protestant and Orthodox churches.
In May the MFA organized an interfaith iftar; both then-foreign minister Faurie and then-secretary of worship Abriani delivered remarks underscoring the importance of tolerance and coexistence, as well as the government’s commitment to promoting religious freedom.
On August 21, the City of Buenos Aires organized a lunch to promote interfaith collaboration. Approximately 50 religious leaders attended. Buenos Aires Chief of Government Horacio Rodriguez Larreta pledged to continue “generating spaces for engagement and exchange” and affirmed his desire to create a city that would be ever-increasingly open and inclusive.
On September 15, the City of Buenos Aires organized an interreligious festival to promote dialogue. More than 70 faith communities participated with stands showcasing their respective identities and activities.
In September INADI reported it organized a youth parliament with local students. Playing the role of legislators, the students debated the topics of conscientious objection, mandatory religious education, and religious discrimination. By a vote of 69 to one, with one abstention, they approved a law on “freedom of religion without discrimination,” promoting religious diversity in education, health, and the workplace.
In May DAIA held a Holocaust memorial ceremony at the Kirchner Cultural Center in downtown Buenos Aires. Then-minister of culture, science, and technology Alejandro Finocchiaro delivered remarks alongside Jewish community leaders and a Holocaust survivor, underscoring the value of life and of “rebellion,” adding, “glory and eternal memory for all who resisted in the Warsaw Ghetto and around the world.” Then-president Macri did not attend the ceremony but recorded a video for it after touring the building earlier in the day.
The government is a member of the International Holocaust Remembrance Alliance.