Revista Latinoamericana de Derecho y Religión

Objeción de conciencia a la eutanasia

Fabiola Vergara Ceballos — 2024-12-31

Scientific and technological advances have contributed significantly to improving the quality of life of individuals; However, there is a need to analyze them from ethical and legal perspectives, particularly when the discussion on the right to a dignified death or euthanasia is added to the debate on a dignified life. Faced with the ethical dilemmas that the latter can pose for doctors called to practice it, conscientious objection stands as an ideal means for solving the conflict between legal rights and limitation of State coercion.

The right to religious freedom of the Jehova’s Witnesses and the Mennonites according to the Argentinian Supreme Court of Justice (1976-2024)

José María Monzón — 2024-12-31

The legal demand of the minority religious groups for the recognition of expression and equality rights have been a judicial and legal controversy resolved by the Argentinian Supreme Court in two different ways: one done during the military regime the Jehovah’s Witnesses were seriously discriminated and their religious practices were a burden and on other when the democratic system returned they could enjoy constitutional protection. Along with this case, Mennonites faced governmental hostility toward their educational system in the last decades, a problem that it seems to be solved. These situations show, on one hand, that the Second Vatican Council´s Declaration Dignitatis Humanae was not integrated in the Latin American legislation, and on the other, the transformation of the religious map of the region was not perceived by the society as a relevant event. Nevertheless, the Argentinian Supreme Court in most of their decisions did understand how to resolve the demands of the minority religious groups recognizing exemption from governmental rules or regulations that rejected their beliefs.

Freedom of religion and taxation of religious entities in Colombia

Alejandro Rodas Lopez — 2024-12-31

Freedom of religion is a fundamental right that implies the possibility to freely adhere to and practice a religion, and not to be discriminated against on religious grounds. However, this right also raises several questions from a legal perspective, especially regarding the tax treatment of churches and religious communities. In several countries, including Colombia, there are constitutional and legal norms that recognize and protect freedom of religion and worship. These regulations establish the principles and guarantees that must be respected to guarantee the implementation of this fundamental right.

From a tax perspective, religious organizations may be subject to different tax regimes, which may include special exemptions and bonuses. These regimes aim to recognize the social, educational, cultural and charitable contributions made by religious organizations, as well as protect their autonomy and heritage.

However, there is also debate and controversy over whether religious organizations should pay taxes and comply with tax obligations in a manner comparable to other nonprofit organizations or businesses. Some people argue that religious organizations should enjoy tax exemptions and benefits due to their religious nature and the social benefits they provide. Others argue that these organizations should be subject to the same tax obligations as other entities; For this reason, it is important to examine and evaluate the various existing approaches and models, as well as the constitutional principles and values that govern this relationship to guarantee respect and protection of the basic rights of people who profess a faith or belief, while promoting equality and public interest.

To the Ends of the Earth?

Davide Argiolas — 2024-12-31

This article examines if proselytist activities directed at indigenous peoples should be allowed. In doing so, it starts by describing, in general terms, the right to proselytize as an element of the broader right to religious freedom; afterwards, it dwells on the recent developments in International Law about indigenous rights; finally, it assesses the advantages and disadvantages of the proselytist activities among indigenous peoples. Its purpose is to demonstrate that proselytism should not be considered a threat to indigenous peoples’ rights and culture; on the contrary, if carried out respecting some legal restrictions, it is essential to protect the rights of the indigenous peoples themselves.

The Power Dialectic In The Intersection Between The Catholic Church And The State In Brazil:

Rafael Soares Duarte de Moura — 2024-12-31

This article examines the complex relationship between the Catholic Church and politics in Brazil, analyzing how this religious institution has played a significant role in the country's political life from the colonial period to the present day. The study aims to investigate the strategies employed by the Church to maintain and expand its political influence, as well as to understand the internal power dynamics between conservative and progressive groups within the institution. The methodology is based on an extensive literature review, analyzing works that explore the intersection of religion and politics in the Brazilian context. The results indicate that the dialectical tension between conservative and progressive factions within the Church creates a continuous cycle of disputes that shapes both the institution's internal structure and the national political landscape. It is concluded that, despite internal divergences, the Catholic Church remains a central entity in Brazilian politics, with a remarkable capacity for adaptation and influence.

AI Now Religious Freedom?

Isaac Carbajal — 2024-12-31

The intersection between religious freedom (RF) and artificial intelligence (AI) presents a significant challenge today, given the increasing use of automated technologies in decision-making. This study examines how AI systems, particularly those algorithms that utilize big data, can affect RF rights in both online and offline contexts. It is argued that the design and implementation of algorithms must consider the cultural and religious particularities of communities to avoid discrimination and bias in automated decisions. Evidence shows that AI can become a surveillance tool that threatens the expression of religious diversity, reproducing stigmas and increasing the marginalization of certain groups. Adaptations of the Guiding Principles on Business and Human Rights are proposed to assist organizations in integrating RF into their algorithmic practices. Recommendations include reviewing the legal framework of human rights concerning RF, mapping the local legal landscape, and conducting risk assessments that consider relevant cultural and social variables. Furthermore, the need for human oversight in the development of AI systems is emphasized to ensure that individual rights are respected. In conclusion, it is essential that AI initiatives not only promote technological innovation but also respect and protect RF as a fundamental human right in the digital age.

Comprehending the Human Right to Freedom of Religion or Belief

Mariana Gouvea de Oliveira Cosendey — 2024-12-31

The human right to freedom of religion continues to be seriously violated around the world. In light of this scenario, this article seeks to understand the concept of the human right to freedom of religion or belief, i.e. what is its scope of protection? When is it violated? What is understood about the content of this human right around the world, and not just in the Western liberal/secular context? To this end, this article analyzes the international normative framework for freedom of religion or belief, i.e. the universal and regional human rights systems, as well as how the norms are applied by the corresponding mechanisms. The aim is to understand the common normative content of the international provisions dealing with this freedom, its scope of protection and the situations in which it is violated.

El régimen jurídico de los ministros de culto. Actas del X Simposio internacional de derecho concordatario

Carlos Salinas — 2024-12-31

Se presenta la recensión de este libro que recoge las actas del X Simposio internacinal de derecho concordatario, celebrado en Zarazoga, España, en junio de 2022, publicadas en 2023, el que tuvo como gema central los ministros de culto.