“have the preferential right and the duty to educate their children.” The State also has the duty to
provide special protection for the exercise of this right (supra para. 16).
74.
Article 12(1) of the American Convention on freedom of conscience and religion establishes
that everyone “has right to freedom of conscience and of religion. This right includes freedom to
maintain or to change one’s beliefs, and freedom to profess or disseminate one’s religion or beliefs,
either individually or together with others, in public or in private.” Similarly, Article 12(3) indicates
that “freedom to manifest one’s religion and beliefs may be subject only to the limitations prescribed
by law that are necessary to protect public safety, order, health or morals, or the rights or freedoms
of others.” Finally, Article 12(4) stipulates that “parents or guardians, as the case may be, have the
right to provide for the religious and moral education of their children or wards that is in accord with
their own convictions.” For its part, Article 27(2) of the American Convention establishes that freedom
of conscience and religion is one of the rights that cannot be suspended, while Article 1(1) mentions
religion as a protected category with respect to any differential treatment that may be discriminatory.
75.
This Court has understood that, under Article 12 of the Convention, the right to freedom of
conscience and religion allows individuals to maintain, change, profess and disseminate their religion
or beliefs and that this right is one of the foundations of a democratic society. Likewise, it has
considered that this right, in its religious dimension, “constitutes a transcendental element in the
protection of the convictions of believers and in their way of life.” 116 It is clear from the wording of
Article 12 that this right has an individual and a collective dimension and that it also includes the right
to religious education. In turn, as mentioned previously, the Constitution of Chile recognizes freedom
of conscience, the right to express all beliefs and the free exercise of all religions that do not
contravene moral standards, accepted customs or public order (supra para. 16).
76.
Similarly, Law No 19.638, which establishes norms on the legal constitution of churches and
religious organizations, guarantees freedom of religion and worship and indicates that no person may
be discriminated against by virtue of his religious beliefs, nor may these be invoked as a reason to
suppress, restrict or affect the equality enshrined in the Constitution and the law. Moreover, Article 6
of this Law establishes that freedom of religion and worship, “with the corresponding autonomy and
immunity from coercion, implies for every person, at least, the right to: [...] d) receive and impart
religious teachings or information by any means; to choose for himself -and parents for minors and
guardians for incapable persons under their care - the religious and moral education that is in
accordance with his or her own convictions.”
77.
Finally, Article 7 of said Law establishes that, “by virtue of religious freedom” and freedom of
worship “religious entities are accorded full autonomy for the pursuit of their own objectives and, inter
alia, have the following faculties [...] a) To freely exercise their own ministry, to worship, to hold
meetings of a religious nature, and to establish and maintain premises for such purposes; b) To
establish their own internal organization and hierarchy; to train, appoint, elect and designate the
appropriate persons to positions and hierarchies and to determine their denominations, c) To express,
communicate and disseminate, by word, in writing or by any other means, their own creed and to
proclaim their doctrine.”
78.
Within the framework of the OAS, both the American Declaration and the OAS Charter contain
provisions on the right of religious freedom and religious education. Thus, Article III of the American
Declaration establishes that every person “has the right to freely profess a religious belief and to
express and practice it in public,” while Article 45(a) of the OAS Charter indicates that “[a]ll human
beings, without distinction as to race, sex, nationality, creed, or social condition, have a right to
material well-being and to their spiritual development, under circumstances of liberty, dignity, equality
of opportunity, and economic security.” In turn, the Protocol of San Salvador 117 which includes a
116
Case of "The Last Temptation of Christ" (Olmedo Bustos et al.) v. Chile. Merits, reparations and costs. Judgment of
February 5, 2001. Series C No. 73, para. 79, and Case of the Río Negro Massacres v. Guatemala. Preliminary objection, merits,
reparations and costs. Judgment of September 4, 2012. Series C No. 250, para. 154.
117
Chile has not ratified the Protocol of San Salvador. It is mentioned here for illustrative purposes.
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