Revista Latinoamericana de Derecho y Religión

Theoretical and Legal Perspective on Alternatives to Blood Transfusion and Religious Freedom in Brazil

Sun, 31 Dec 2023 00:00:00 -0300

The objective of this research was to analyze the theme of the right to life within the scope of fundamental rights to understand the implications of the right to freedom of belief of people who profess the Jehovah's Witness religion, the autonomy of the patient's will and the refusal of medical procedures. involving blood transfusion. To achieve such results, this article used the inductive method, with qualitative methodology. With regard to technical procedures, bibliographical and documentary research was carried out.

Colombia: New Agreement on Domestic Public Law with Religious Entities

Vicente Prieto — Sun, 31 Dec 2023 00:00:00 -0300

On June 6, 2023, the President of the Republic issued Decree 922, through which the Internal Public Law Agreement No. 2 of 2023 with certain religious entities was approved. This marked a return to a legal instrument that had been inactive for over 25 years. The previous agreement, and until 2023, the only pact of this kind, had been signed in 1997 (Internal Public Law Agreement No. 1 of that year).

In the following lines, an attempt will be made, firstly, to describe the nature of these types of agreements and the normative evolution since the Statutory Law of Religious Freedom (Law 133 of 1994); secondly, a brief comparative analysis of the two current agreements (1997 and 2023) will be conducted, focusing on their main subjects: civil effects of marriage, religious education, religious assistance in military, prison, and hospital facilities, and places of worship. Some concluding reflections are proposed at the end.

Religious Affirmative Action at the Supremo Tribunal Federal

Leonardo Queiroz, Victor Sales — Sun, 31 Dec 2023 00:00:00 -0300

This article aims to explore an unexamined manifestation of Natural Law perfectionism: the promotion of a substantial view of the good by political authority through affirmative action. To achieve this, we investigate the case of Seventh-day Adventists through the analysis of two legal actions, Recurso Extraordinário 611.874 and Agravo em Recurso Extraordinário 1.099.099, both concerning the observance of the Sabbath, submitted to the Brazilian Supreme Federal Court and judged in 2020. The precedents recognized rights for those who observe the Sabbath, including the modification of dates and times in public contests and the state's capacity to establish alternative criteria during the probationary period. Thus, questions arise: Is the perfectionist view unjust, as claimed by proponents of neutrality? How are affirmative action justified and what do they consist of? Are there religious affirmative actions? Can the Seventh-day Adventist case be considered an example of religious affirmative action in light of the substantial good of the New Natural Law Theory? This study employs a bibliographic methodology to interconnect philosophy, politics, and religion, contributing to more in-depth interdisciplinary discussions.

Infant Circumcision: Criminalization or Regulation of Religious Practice?

Jeremias Brusau — Sun, 31 Dec 2023 00:00:00 -0300

The paper presents a critical analysis of discussions on the criminalization of infant circumcision performed for religious reasons. It includes an overview of the current status and relevance of the discussion, and an evaluation of different arguments that have been presented in favor of criminalization of the practice. From the position taken in this paper, parents or guardians who choose to circumcise a child for religious reasons are guaranteeing their right to participate in the religious activities of their community, and therefore prohibition of the practice is not recommended. Specifically in the context of the Argentine legal system, it is argued that the prohibition of circumcision would be subject to strict scrutiny in the face of a claim by individuals or religious groups affected by such a rule, and therefore would be based on a presumption of unconstitutionality that would be very difficult to rebut. On the contrary, the legislator could opt for a regulation of the practice by imposing the respect of certain medical standards, as a risk reduction measure.

The right to freedom of worship from the perspective of the Lutheran churches in Colombia and Argentina

Luis Martín Uchima Espinosa — Sun, 31 Dec 2023 00:00:00 -0300

Religion has played a central role in the history of humanity, constituting a fundamental part of life and personal relationships; in this order of ideas, given the existing diversity of beliefs, regulatory frameworks have been generated for their development, permanence and preservation. Therefore, freedom of religion and worship is a right, but also a necessity for society and a legal responsibility for states, in order to protect and safeguard the rights of people who practice - or do not practice - a religion. Thus, the Lutheran branch of Christianity has made its presence felt in countries such as Colombia and Argentina, where the debate on plurality and respect for religious diversity is opening up in two countries with a Roman Catholic tradition.

Educational Pluralism: Challenges and International Discussions. New soft- Resumen: law trends

Ignasi Grau Callizo , Mayca San Andrés — Sun, 31 Dec 2023 00:00:00 -0300

The article presents the discussions concerning educational pluralism in international bodies. After a broad exposition of the protection of parental rights in legally binding treaties, it sets out to explore the new different initiatives likely to generate soft law. These might redefine, change, or even distort the content of fundamental rights - not only the right to education - in pursuit of new interests or so-called "new rights". The article assesses those changes and provides an international approach to what is now a global phenomenon.

Religious Education in the Brazilian Democratic Rule of Law

Márcio Eduardo Senra Nogueira Pedrosa Morais — Sun, 31 Dec 2023 00:00:00 -0300

Objective, through this bibliographical, documentary, and jurisprudential research, the aim is to discuss religious education in Brazil, focusing on the 1988 constitutional text. This includes consideration of the Brazilian constitutional trajectory, as well as Article 11 of the Agreement between the Federative Republic of Brazil and the Holy See on the Legal Status of the Catholic Church in Brazil, signed on November 13, 2008. The Supreme Federal Court's 2017 ruling on the matter is also discussed. The research problem is related to the institutionalization of religious education in the context of a secular state. The hypothesis is that there is a conflict between the model adopted in Brazil and the secular principle, a conclusion supported by the study.

Real Choice: Elusive Education Quality and Equity in El Salvador

Pauline Martin — Sun, 31 Dec 2023 00:00:00 -0300

In El Salvador, the educational legal and policy framework supports inclusive and quality education as a human right, free, and participatory, with public and private providers and the right of parents to choose the type of education they want. Even so, the right to education is not achieved, manifested in low enrollment and unequal quality conditions in economically and socially disadvantaged populations. Two recent case studies – one on faith-based education and the other on inclusive education in El Salvador – point out that, even with public and private providers, subsidies to some Catholic educational centers, and supplies of resources and food, there are poor learning results and certain populations that do not regularly attend school. These studies indicate that economic and social realities limit the possibility for Salvadoran families to decide on the type of education they desire and underestimate the value of education for their children. Faith-based education is subject to supply and demand dynamics and private funding models, although it offers some advantages that can enrich all schools. For a true educational choice based on the right to education and leading to equality, it is necessary to unite all sectors of society, both private and public institutions, with mutual learning between sectors, and promote the leadership and commitment of families to reduce aspects that are detrimental to educational quality and inclusion.

Religious Education in the Brazilian Common National Curriculum Base

Lidyane María Ferreira de Souza — Sun, 31 Dec 2023 00:00:00 -0300

Religious education is the only school subject in the 1988 Federal Constitution. Due to Christian influence, this curricular component has been present in all Brazilian Constitutions since 1934, and its regulation in the Law of guidelines and bases of Education, less than a decade after the 1988 Constitution, has undergone important changes. In 2010, the National Education Council defined Religious Education as one of the five areas of knowledge in Fundamental Education and, in 2018, the Ministry of Education published the Common Curricular Base document, repealed by movements of representative groups of education professionals. The article analyzes the Religious Education area of this document, verifying whether the concept of religion adopted and the description of thematic units, objects of knowledge and skills include religions of African origins. It concludes that the conception of religion present in the Common Curricular Base document, as well as the disrespect for Law 10.639/2003, make Religious Education unreceptive to religions of African origins and inadequate to combat religious racism.

Educational Pluralism: A Constitutional Perspective from Fundamental Rights/Human Dignity

Miguel Angel Fernandez — Sun, 31 Dec 2023 00:00:00 -0300

This text is based on Chilean constitutional regulation, addressing the evolution of educational pluralism. It highlights two recent publications: an article in the book "Transitional Constitutionalism" on the right to education and freedom of teaching, and a document for the Faculty Constitutional Forum in 2021, examining freedom of teaching and the right to education. It focuses on the "complex content" of freedom of teaching and parents' choice of schools, with an interdisciplinary emphasis.

Religious Freedom and School Education in Colombia

Andrés Felipe López Latorre, Maria Paula Roncancio — Sun, 31 Dec 2023 00:00:00 -0300

In Colombia, the intersection of religion and education has sparked debates regarding potential conflicts between religious freedom and the right to education. These debates stem from divergent interpretations of the secular state principle and the autonomy of private educational institutions. This article delves into the examination of the current regulatory framework governing religious freedom in Colombian school education. Through this exploration, tensions, challenges, and opportunities inherent in the pursuit of a balance between faith and education in a diverse and pluralistic society are analyzed.

Sex Education, Parental Authority and Freedom of Conscience: The Jimenez case (1999)

Rodrigo Cespedes — Sun, 31 Dec 2023 00:00:00 -0300

This paper analyzes a decision by the European Court of Human Rights on sexual education in schools. The Court declared the case inadmissible because, in its opinion, there was no discrimination and the parents’ rights were not infringed since the module on sex education provided objective information about the sexual diversity and did not advocate any form of sexual behavior.