Panama

Panama is situated on the isthmus connecting Central America and South America. The country obtained its independence from Spain in 1821 and from Colombia in 1903. Panama is a unitary state and a presidential representative democratic republic. It has an elected two-chamber Congress and an elected president acting as head of state. According to the National Institute of Statistics and Census (INEC), Panama has a population of 4,278,500 inhabitants.[ref]https://www.inec.gob.pa/publicaciones/Default3.aspx?ID_PUBLICACION=499&ID_CATEGORIA=3&ID_SUBCATEGORIA=10[/ref] 

According to the 2009 National Survey of Sexual Reproductive Health (ENASSER) among the population aged 15 and older, 72.3% identify as Catholic, 15.4% identify as Christian (non-Catholic) while only 4.6% practice another religion. 7.8% of people indicated that they do not belong to any religion. Bocas del Toro province contains the highest percentage of individuals not belonging to any religion with 45.7%.[ref]https://www.inec.gob.pa/Aplicaciones/ENASER/EnasserInformeFinal.pdf[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Preferential treatment is given to a religion or religion in general
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Official symbolic deference to religion
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Some concerns about political or media freedoms, not specific to the non-religious
Constitution and government
Preferential treatment is given to a religion or religion in general
Official symbolic deference to religion
Education and children’s rights
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Family, community, society, religious courts and tribunals
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Some concerns about political or media freedoms, not specific to the non-religious
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.

Countries: Botswana, Greece, Serbia, United States of America

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)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

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.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

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.

Countries: Bangladesh, Pakistan, Saudi Arabia

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.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

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
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
More information about rating table

Constitution and government

Panama is a secular, non-denominational state insofar as it declares its sovereignty emanates from the people. The 1972 Constitution[ref]https://www.constituteproject.org/constitution/Panama_2004.pdf?lang=en[/ref] does not proclaim an official religion although the preamble includes an invocation to the almighty God.

The Constitution and other laws and policies protect freedom of religion or belief, freedom of expression and freedom of assembly. Meanwhile, Article 19 of the Constitution forbids privileges or discrimination based on race, birth, social class, sex, religion, or political ideas. In spite of the above, Catholicism has certain state-sanctioned advantages over other religions. Freedom of assembly and association are protected by law and respected in practice.

The Constitution provides for freedom of religion, provided that “Christian morality and public order” are respected, recognizing Catholicism as “the religion of the majority” of citizens (Article 35).

ther articles recognize that religious associations have the legal capacity to administer their assets within the limits indicated by the Law. (Article 36); and that ministers of religious faiths may only hold public offices that are related to social assistance, education, or scientific research (Article 45).

The Constitution also prohibits the formation of political parties based on sex, race, religion, or any other party that “seek to destroy the democratic form of government” (Article 139); and it allows public officials, who do not profess religious beliefs, to avoid the invocation to God during the oath when taking office (Article 181).

Recent attempts to amend the Constitution to remove the recognition of Catholicism as the religion of the majority of Panamanians and add the word ‘secular’ to Article 1 of the Constitution have thus far been unsuccessful.[ref]https://www.asamblea.gob.pa/sites/default/files/2019-10/ACTOCONSTITUCIONALN1.pdf; https://www.tvn-2.com/nacionales/Establecen-sanitarias-nacionales-extranjeros-Panama_0_5678432135.html[/ref]

Catholic privilege

It is estimated that during the presidency of Ricardo Martinelli (2009-2014), the government allocated approximately four million dollars to the Catholic church.[ref]https://laicismo.org/religion-y-estado-es-panama-un-estado-laico/[/ref] This amount increased during the government of Juan Carlos Varela (2014-2019). According to the newspaper El Siglo, Varela allocated more than $25 million to cover expenses for religious affairs, most of them Catholic, including a donation of two lots of land valued at 2.7 million dollars in 2016.[ref]http://elsiglo.com.pa/panama/varela-dona-terrenos-iglesia/23962560[/ref]

State Registry of Other Religious Organizations

The Ministry of Government and Justice is in charge of granting legal status and oversight of non-profit associations and foundations of private interest, including churches, congregations, religious communities or associations, federations, and any others that are not related to sports, agriculture, cooperatives, and labor.[ref]https://www.panamatramita.gob.pa/es/tramite/obtenci%C3%B3n-de-personer%C3%ADa-jur%C3%ADdica[/ref]

Education and children’s rights

According to Article 94 of the Constitution:

“Freedom of education is guaranteed, and the right to create private schools, subject to law, is recognized. The State has the power to intervene in the teachings of private educational establishments in order that national and social purposes of the culture, as well as the intellectual, moral, civic, and physical formation of students, be fulfilled.

Public education is that taught in official public schools and private education, that taught in private schools.

Educational institutions, whether public or private, are open to all students without distinction of race, social position, political ideology, religion, or the nature of the relationship of the student’s parents or guardians.”

Meanwhile, Article 107 states:

“The Catholic religion shall be taught in public schools, but, upon the requests of parents or guardians, certain students shall not be obliged to attend religion classes, nor to participate in religious services.”

The curriculum published by the National Directorate of Basic Education of the Ministry of Education for 2020 includes the class ‘Religion, Morals, and Values’ for grades 7th, 8th, and 9th. The class is structured around the ten commandments, and it includes assignments, such as “to identify the religious symbols of Christian marriages accordance with biblical passages.” And to research the “values of three churches or Christian communities in their neighborhoods and report back to class.”

Little information is provided regarding other religious beliefs. Only under one chapter titled ‘Community,’ are students briefly taught about the church, Christianity, Judaism, Islam, Buddhism, Hinduism, and others without further development or comparative analysis.[ref]http://www.educapanama.edu.pa/sites/default/files/asignatura_religion_moral_y_valores_7o_8o_9o_0.pdf[/ref]

In 2018, the Ministry of education allowed Muslim students to wear the veil or hijab.[ref]https://www.panamaamerica.com.pa/sociedad/estudiantes-musulmanas-podran-usar-sus-velos-para-asistir-la-escuela-1099812[/ref]

Sex education

In 2015, a bill on sexual and reproductive health was debated. The initiative aimed to promote sexuality and family planning from a human rights approach. Unfortunately, it did not prosper. The Catholic Church strongly opposed the initiative because “parents have the inalienable right and duty to educate their children.” Other groups, such as “For Our Children” opposed the guidelines alleging it contained a “gender ideology, which encourages boys and girls to assume both gender roles.”[ref]https://www.prensa.com/locales/Proyecto-fundamental_0_4522047899.html[/ref]

Family, community and society

Same-sex marriage

Article 26 of the Family Code[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/82627/90647/F437434136/PAN%201994%20L%2082627.pdf (in Spanish)[/ref] defines marriage as a voluntary union between a man and a woman.

As of 2020, the Supreme Court of Justice has four cases pending to decide whether the provision of the Family Code is unconstitutional.[ref]https://www.prensa.com/podcasts/y-que-paso-con/y-que-paso-con-el-matrimonio-igualitario/; https://www.tvn-2.com/nacionales/debate-uniones-personas-mismo-sexo-Corte-Suprema-Panama_0_4626287443.html[/ref] 

Abortion

Abortion is legal in three circumstances: (1) serious health concerns that put the mother’s life at risk; (2) deformities and malformations of the fetus; and (3) rape. In 2018, experts from the UN Committee on the Rights of the Child urged Panama to decriminalize abortion and to adopt a comprehensive strategy of education and sexual and reproductive health.[ref]https://panorama.ridh.org/expertos-de-la-onu-recomendaron-a-panama-despenalizar-el-aborto-en-toda-circunstancia/#:~:text=Actualmente%2C%20la%20ley%20paname%C3%B1a%20solo,de%20madres%20a%20temprana%20edad[/ref] 

In 2019, Deputy Corina Cano presented a bill seeking to give identity to babies who die in the mother’s womb. Fortunately, organizations such as The Panamanian Society of Obstetrics and Gynecology (SPOG), and the Panamanian Association for Family Planning (Aplafa) rejects the project considering that it violates the women’s rights.[ref]https://www.midiario.com/nacionales/rechazan-proyecto-de-ley-que-daria-identidad-a-los-bebes-fallecidos-en-el-vientre-materno/[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression is guaranteed by the Constitution and generally respected in practice. The government has been accused of creating a hostile environment for independent media. According to Reporters Without Borders, journalists covering corruption or critical of government policy can face prosecution, often on accusations of defamation.[ref]https://rsf.org/en/panama[/ref]