Chile

Chile consists of several religious populations. Roman Catholicism is the dominant religion that coexists with Protestants, Evangelicals, other religious groups as well as a significant and growing proportion of the non-religious or religiously unaffiliated, which occasionally face discrimination. The Chilean Constitution assures freedom of religion and separation of church and state, but religion has a significant influence over public policy and education.

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
 
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

A constitutionally secular state, the Constitution grants freedom of belief and practice that are not opposed to “morality, good customs or the public order”. Churches may be officially recognised as long as they meet security and hygiene conditions under the law.

The rights to form nongovernmental organizations and to assemble peacefully are largely respected. Tthe government routinely gave permits for student demonstrations starting in 2011, however police allegedly used excessive force against protesters. Although the law protects worker and union rights, the use of anti-union practices by private emplpoyers are commonly reported.

Religious privileges

Churches and their dependencies that exclusively serve their communities receive tax exemptions. A law created in 1999 made religious discrimination illegal and placed a legislative emphasis on the separation of church and state in an attempt to incorporate Chile’s growing Protestant and Evangelical minority. However, the government often gives preferential treatment to the Roman Catholic Church. Catholic chaplains also have a privileged status in the army.
<constituteproject.org/constitution/Chile_2012.pdf>
<berkleycenter.georgetown.edu/essays/religious-freedom-in-chile>

Education and children’s rights

The notion of personal, secular worldviews is not openly treated within the education system.

Due to the religion’s prominence in history, Catholic doctrine is usually incorporated into the public school curriculum, despite efforts to diversify it. Publicly subsidized schools are required to offer religious education two teaching hours per week through high school; although parents may decide to have their children omit religious education. Religious instruction in public schools is almost exclusively Catholic, although the Ministry of Education approved curricula for 14 other religious groups. Schools must teach the religion requested by the parents, but enforcement of this requirement is weak.
<berkleycenter.georgetown.edu/essays/religious-freedom-in-chile>

Family, community and society

One 2015 source puts the number of religiously “unaffiliated” at 25% of the population.
<plazapublica.cl/wp-content/uploads/658799.pdf>

However, Chilean society remains strongly influenced by the Churches and religious beliefs, in particular around national state events. The Churches and beliefs are carry signficiant influence on public policy, and in mass media.

Harassment of religious minorities

Jewish organizations have reported anti-Semitic incidents, including desecration of their religious property. The indigenous Mapuche, some of whom still practice indigenous religions, have had their tribal lands and way of life encroached by the government. Prominent Mapuche tribal leaders have been arrested and detained by Chilean authorities. Religious leaders have made attempts to mediate between the government and tribal leaders but there was not much success.
<constituteproject.org/constitution/Chile_2012.pdf>
<berkleycenter.georgetown.edu/essays/religious-freedom-in-chile>

Disputes regarding religious freedom

Chilean citizens have the right to apply for judicial relief, the ‘Recurso de Protección’ (“constitutional action”) (Article 20), against any arbitrary or illegal acts or threat of their religious freedom. However, these are rare situations partially due to the nation’s tendency not to legalize conflicts, and perhaps also partially due to the caution that beliefs are treated with as they may be just matters of devotion. Jehovah’s witnesses seeking judicial review in cases of blood transfusions had received relatively high publicity. A case with greater media coverage had been the denial of the possibility of showing the film The Last Temptation of Christ. The International Court of Human Rights crushed the decision considering that this did not deprive or diminish religious freedom. The court ordered the exhibition of the film and a reform to the national law.
<iclrs.org/content/blurb/files/Chile.pdf>

Demographic trend toward irreligiosity

The number of religious citizens in Chile may create the impression that being religious is a great factor as much in social life as in the national legal order, but statistics have shown a decline in the Catholic faith and increase in non-believers. Although there is a high regard for religious support in the community (79.4 percent), moral behavior does not necessarily correlate with religion because it is considered possible to live a moral life without belief in God (75.3 percent). Religious support is considered a personal choice. 80.7 percent of people surveyed prefer that their children decide for themselves on matters of religious beliefs and not try to influence them too much.
<iclrs.org/content/blurb/files/Chile.pdf>

Abortion

Chile has strict law against abortion. Enacted during the Pinochet dictatorship, the law establishes that abortion, under any circumstances, is a “crime against family order and public morality”. Therefore, clandestine abortions are performed in unsafe and unsanitary conditions, and are responsible for at least 12% of maternal deaths. Women’s movements are calling for sex education to enable women and girls to make their own choices, for greater access to contraceptives, and for the legalization of abortion. There are major challenges to reform in the face of social conservatism, opposition from the most influential churches, and a lack of political will.
<equaltimes.org/abortion-in-latin-america-feminism#.WVOcpujyvIU>

Freedom of expression, advocacy of humanist values

Freedom of speech is generally respected, though some laws prohibiting defamation of state institutions remain. Two right-leaning companies dominate the print media, though the television market is highly diverse. In 2008, a freedom of information law was enacted and received praise from civil society groups. However, in 2012, the police had detained and harassed many reporters while they were covering student protests.
<freedomhouse.org/report/freedom-world/2013/chile#.VIQxIjHF9qI>

Testimonies

“…To declare as a non-believer or atheist causes surprise and mistrust. It is perceived almost as trheateneing as that status was never considered as a valid option in training and education. The option of being atheist or agnostic is not included as an option to choose…

The recent governments have been pressured to adhere more faithfully to the secular nature of the Constitution, but instead what they have done is to recognize the existence of other religions. This has resulted in the evangelical churches, Jewish, orthodoxreligiosn and other minority faiths (but not atheism) [being included] in national events…”

— Anonymous