Guatemala

Guatemala, with Mexico on its Northern boundary, is in a pivotal position in Central America. It was the scene of a 36-year guerrilla war until 1996, a peace agreement was signed by the government that finally put an end to the internal conflict. Guatemala is a predominantly Christian – primarily Roman Catholic – country, however there are a significant number of Protestants and Mayas. Most recent census data (2018) did not examine the religious makeup of the country, and therefore there is no official data available on the percentage of non-religious people in Guatemala.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

The Constitution[ref]https://www.constituteproject.org/constitution/Guatemala_1993.pdf; in Spanish: https://www.ine.gob.gt/archivos/informacionpublica/constitucionpoliticadelarepublicadeguatemala.pdf[/ref] (see Articles 34-36) and other laws and policies generally protect freedom of religion or belief. There is no state religion; however, the Constitution recognizes explicitly the distinct legal personality of the Catholic Church (Article 37).

The government requires religious groups other than the Catholic Church to register as legal entities to conduct business, such as renting or purchasing premises and entering into contracts, and to receive tax-exempt status. Non-Catholic religious groups are subject to the same regulation as NGOs or civil associations.

Education and children’s rights

Though education should in principle be secular, there is no national framework for determining the nature or content of religious education, leaving it wide open to interpretation.[ref]/206.155.102.64/country,,,,GTM,,53d90770b,0.html[/ref]

Article 73 of the Constitution permits the State to subsidize private education centres and mandates that:

“Religious education is optional in the official establishments and can be taught during ordinary hours, without any discrimination.

The State will contribute to the maintenance of religious education without any discrimination.”

In 2015, a proposed new law would require religious teaching in all schools, public or private, to convey a “literal” Biblical interpretation of Christianity. At a public meeting addressing the bill in Congress, Carlos Mendoza, a representative Guatemalan Humanist Association (Humanistas Guatemala), was booed out of the room, having barely been able to put his case, namely that the bill violates the National Education Act[ref]In Spanish: https://web.oas.org/childhood/ES/Lists/Recursos%20%20Planes%20Nacionales/Attachments/443/16.%20Ley%20de%20Educaci%C3%B3n.pdf [/ref] and the Act on the Integrity of Children and Adolescents,[ref]In Spanish: https://www.oas.org/dil/esp/ley_de_proteccion_integral_de_la_ninez_y_adolescencia_guatemala.pdf [/ref] which ensures that the education in the country should be secular (Article 37). The meeting was stacked with religious representatives, with other human rights, secular and sexual equality groups “actively excluded and denied access to the event”, according to Humanistas Guatemala. Humanistas Guatemala said in a statement, “Far from creating unity and positive staff and general reforms, [the bill] could generate intolerance, division, disputes and conflicts between students, teachers, administrators and parents .”The proposal did not pass into law.[ref]humanistasguatemala.org/comunicado-sobre-la-propuesta-de-ensenanza-biblica-obligatoria/[/ref]

Family, Community, Society

According to Article 133 of the Penal Code:[ref]In Spanish: lexadin.nl/wlg/legis/nofr/oeur/arch/gua/CodigoPenal.pdf[/ref]

“Abortion is the death of the product of conception, at any time during the pregnancy.

It is only permitted when the mother’s life is at risk. Articles 134-140 lay down the prison sentences for women and doctors who seek and perform abortions.

Each year, around 65,000 induced abortions are performed in Guatemala, of which around 21,600 require hospitalization for complications.[ref]https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/GTM/INT_CEDAW_NGO_GTM_29020_S.pdf[/ref] The data shows that half of unintended pregnancies result in a woman attempting an induced abortion.

In February 2017, a ship run by Women on Waves providing abortion pills in international waters was forced to leave the port. The government justified the decision by stating that they were defending “human life and the laws of the country”.[ref]https://www.dw.com/en/guatemala-blocks-dutch-abortion-ship/a-37696776[/ref]

In February 2017, a ship run by Women on Waves providing abortion pills in international waters was forced to leave the port. The government justified the decision by stating that they were defending “human life and the laws of the country”.

The Congress of Guatemala has previously approved the “Life and Family Protection” bill,[ref]https://www.congreso.gob.gt/detalle_pdf/iniciativas/66#gsc.tab=0[/ref] which needs a third and final approval of each individual article before being sent to the president and signed into law. The bill would modify the Penal Code to criminalize miscarriages and impose prison sentences of up to 10 years on anyone who directly or indirectly “promotes or facilitate means” for women to have abortions. The law also includes a discriminatory definition of “family” and formulates a supposed “right not to accept sexual diversity or gender ideology as normal”. “Teaching sexual conduct that differs from heterosexuality as normal” would also be banned.[ref]amnesty.org/en/latest/news/2018/09/guatemala-ley-discriminatoria-pone-en-riesgo-la-vida-y-los-derechos-de-miles-de-mujeres-ninas-y-personas-lgbti/[/ref]

Freedom of expression, advocacy of humanist values

Press freedom is enshrined in the Constitution and newspapers freely criticize the government. However, many journalists face intimidation and attack because of their reporting, particularly when exposing corruption or environmental degradation.[ref]https://www.hrw.org/es/news/2021/02/18/guatemala-ataques-la-libertad-de-prensa; https://pen-international.org/app/uploads/Guatemala-UPR-Final-PDF.pdf [/ref] Reporters Without Borders’ World Press Freedom Index 2021 indicates that:

“Since being sworn in as Guatemala’s president in January 2020, Alejandro Giammattei has adopted a very aggressive rhetoric towards the media, backed by false accusations, verbal attacks and orchestrated public humiliation. Guatemala’s endemic organised crime and corruption and almost total impunity for murders and physical attacks against journalists make reporting extremely difficult and have resulted in widespread self-censorship on many subjects that are sensitive for the authorities. Exposing political corruption can lead to threats, arbitrary detention, intimidation and physical violence. Murders of journalists are still very frequent, and Guatemala continues to be one of the western hemisphere’s most dangerous countries for the media.”[ref]https://rsf.org/en/guatemala[/ref]