Paraguay

Paraguay is a presidential republic with a population of 7 million that borders Argentina, Bolivia, and Brazil.[ref]https://data.worldbank.org/indicator/SP.POP.TOTL?locations=PY[/ref] It is also home to 19 indigenous communities.[ref]https://www.iwgia.org/en/paraguay.html[/ref]

According to the most recent census to capture the religious demography of the country (2002), 89% of the population is Roman Catholic, 6% Protestant, 3% other or unspecified and only 1% non-religious.[ref]https://www.cia.gov/the-world-factbook/countries/paraguay/#people-and-society[/ref] More recent estimates suggest that the number of non-religious individuals may have risen to 2% of the population, but the wider predominance of Christianity, and Roman Catholicism in particular, remains.[ref]https://www.latinobarometro.org/latOnline.jsp[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Systemic religious privilege results in significant social discrimination
Preferential treatment is given to a religion or religion in general
State-funding of religious institutions or salaries, or discriminatory tax exemptions
There is state funding of at least some religious schools
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Official symbolic deference to religion
Anomalous discrimination by local or provincial authorities, or overseas territories
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
Concerns that secular or religious authorities interfere in specifically religious freedoms
Constitution and government
Preferential treatment is given to a religion or religion in general
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Official symbolic deference to religion
Anomalous discrimination by local or provincial authorities, or overseas territories
Education and children’s rights
There is state funding of at least some religious schools
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
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Systemic religious privilege results in significant social discrimination
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
Concerns that secular or religious authorities interfere in specifically religious freedoms
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

Under Article 24 of the Constitution of Paraguay,[ref]https://www.constituteproject.org/constitution/Paraguay_2011.pdf?lang=en;https://www.oas.org/juridico/spanish/par_res3.htm[/ref] the country is secular. However, the same provision contains special consideration of the relationship between the State and the Catholic Church clarifying that, “relations between the State and the Catholic Church are based on independence, cooperation, and autonomy”.

Political parties with a religious affiliation are not prohibited under the law. However, ministers or clergy of any religion are ineligible to run as candidates for deputies or senators (Article 197).

Registration with the Vice Ministry of Worship, which sits under the Ministry of Education and Culture, is a requirement for all religious and philosophical groups, but they have no controls imposed on them, and there are many informal churches.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-PARAGUAY-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

Cultural dominance of Catholicism

The Roman Catholic Church as the predominant religious group, with considerable historical influence, is said to exert more influence in society and politics than other religious groups. Its “predominant” role in the historical and cultural formation of the nation is officially recognized under Article 89 of the Constitution. Church representatives are reported to often comment publicly on congressional legislation, sometimes impacting the shaping of public policy.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-PARAGUAY-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

Education and children’s rights

Chapter VII of the Constitution governs the “Right to Education and Culture.”

Specifically, Article 74 guarantees:

“The right to learn and to equal opportunities to access the benefits of the humanistic culture, of science, and of technology, without any discrimination, is guaranteed.
“The freedom to teach, without any requirement other than suitability [idoneidad] and ethical integrity, as well as the right to a religious education and to ideological pluralism are also guaranteed.”

Public schools do not give religious instruction, but private religious schools have the option to do so.

Registered religious organizations are permitted to open private schools and receive state subsidies.[ref]https://www.pol.una.py/wp-content/uploads/2021/02/Ley1264GeneralDeEducacion.pdf[/ref] According to Freedom House, “Religious groups unaffiliated with the Catholic Church claim the government disproportionately subsidizes Catholic schools.”[ref]https://freedomhouse.org/country/paraguay/freedom-world/2021[/ref] This would seem to be supported by data from the Ministry of Education and Culture that the state provided subsidies to 494 schools over the course of 2020, of which 252 were Roman Catholic and 242 were of various other religious affiliations.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-PARAGUAY-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

According to the US State Department:[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-PARAGUAY-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

“Students belonging to religious groups other than the one associated with a private religious school may enroll; however, all students are expected to participate in religious activities that are a mandatory part of the schedule.“

In 2017, Paraguay became the first country in the world to ban gender issues from school lessons[ref]https://www.mec.gov.py/sigmec/resoluciones/29664-2017-RIERA.pdf[/ref] due to the support of conservative Christian groups based in the US, such as Alliance Defending Freedom (ADF).[ref]https://www.opendemocracy.net/en/5050/how-paraguay-became-a-lab-for-anti-rights-ideas/[/ref] At the time of the ban, the then Minister for Education swore he would burn any books that contained so-called “gender ideology.”[ref]https://www.mujeresdelsur-afm.org/causa-abierta-censura-al-genero-en-la-ensenanza-publica-de-paraguay/[/ref]

In April 2020, the Archbishop of Asunción called for a 30% subsidy of teachers’ fees in order to keep its schools open. In response, the Federation of Associations of Parents of Students of Public Institutions of Paraguay (Fedapar) called on the government to grant such subsidies to all private institutions regardless of their religious affiliation, noting the difficulties caused by COVID-19 in access faced by many children whether attending public or private institutions.[ref]https://www.ultimahora.com/padres-se-oponen-que-el-estado-subsidie-solo-instituciones-religiosas-n2885271.html[/ref]

Rights of children and adolescents

Cases of sexual abuse and exploitation of children are reportedly prevalent in Paraguay.[ref]https://www.amnesty.org/en/countries/americas/paraguay/report-paraguay/; https://www.theguardian.com/global-development/2020/jul/17/paraguay-child-sexual-abuse-violence-pregnancy; https://www.reuters.com/article/us-paraguay-sexcrimes-youth-idUSKBN1GZ2DG[/ref]

In December 2020, a draft National Plan for Childhood and Adolescence 2020-2024 – which sought to address sexual abuse, issues of violence, and the need for comprehensive sexuality education – was withdrawn for redrafting following statements made by members of the Catholic Church that argued that the Plan would promote the destruction of conservative family values.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-PARAGUAY-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf;https://www.abc.com.py/nacionales/2020/12/01/congregacion-religiosa-aprueba-el-plan-de-la-ninez-y-adolescecia/;https://www.abc.com.py/nacionales/2020/12/07/plan-de-ninez-polemico-debate-sobre-la-ideologia-de-genero-y-la-educacion-sexual/[/ref]

It appears that groups opposed to the Plan particularly objected to the proposals around sex education, the teaching of sexuality with a gender lens, and issues surrounding sexual reproductive health.[ref]https://www.lanacion.com.py/pais/2020/11/10/padres-de-familia-rechazan-plan-nacional-de-la-ninez-y-adolescencia/[/ref] Conservative opponents appeared concerned that the use of the term “gender” was a means to introduce the “LGBTI+ agenda.” The Minister for Children agreed to meet several times more with representatives of parents whose children attend religious schools, the Episcopal Conference of Paraguay and other members of civil society.[ref]https://www.abc.com.py/nacionales/2020/12/07/plan-de-ninez-polemico-debate-sobre-la-ideologia-de-genero-y-la-educacion-sexual/[/ref] The Minister was also called to appear for questioning before Congress.

Family, community, society, religious courts and tribunals

According to OpenDemocracy, “Paraguayan human rights activists are not surprised by the country’s leadership of the ultra-conservative agenda,” labelling it “a lab for anti-rights ideas.”[ref]https://www.opendemocracy.net/en/5050/how-paraguay-became-a-lab-for-anti-rights-ideas/[/ref]

Paraguay remains one of the only countries in the world not to have a law banning all forms of discrimination.

The rights of women

Conservative religious elements have rendered the term “gender” somewhat taboo in Paraguayan political life. In 2019, despite a high rate of femicide,[ref]https://www.efe.com/efe/america/sociedad/paraguay-registra-un-feminicidio-cada-9-8-dias-en-promedio/20000013-4127236[/ref] the government cut the budget of the Ministry of Women by 5%.[ref]https://www.hoy.com.py/nacionales/menos-presupuesto-para-hacer-frente-a-violencia-contra-la-mujer-feminicidios-y-otras-lacras[/ref]

According to SOMOSGAY, a local group fighting for LGBTI+ equality, the newly elected Minister for Education and Science pronounced himself to be against unconventional family units, particularly those run by single mothers.[ref]https://www.somosgay.org/news/read/60b2c2647cb0346dfa2da933/[/ref]

In 2020, a court in San Lorenzo de Limpio dismissed charges against a Catholic priest accused of sexual harassment despite clear evidence, including his confession, to having groped her. The judges argued that for harassment to be proven there would have to be evidence that the priest was in a position of power over the Church’s Coordinator of its Youth Ministry, and that it was not just a one-off occurrence.[ref]https://www.abc.com.py/nacionales/2020/08/10/absuelven-a-sacerdote-silvestre-olmedo-acusado-de-acoso/;https://www.abc.com.py/nacionales/2020/08/11/con-la-iglesia-en-el-tribunal-y-ademas-quieren-que-les-pague-el-abogado-afirman-defensoras-de-alexa/[/ref] The woman in question took the case to court after the archdiocese failed to investigate instead emphasising that the dignity of the priest must be safeguarded. In December, an appeals court overturned the ruling and ordered a new trial.[ref]https://www.abc.com.py/nacionales/2020/12/16/sacerdote-denunciado-por-acoso-ira-a-nuevo-juicio-oral/[/ref]

Sexual and reproductive health and rights

Article 61 of the Constitution states:

“The State recognizes the right of persons to freely and responsibly decide the number and the frequency of the birth of their children, as well as to receive, in coordination with the pertinent organs[,] education, scientific orientation, and adequate services in the matter.

“Special plans of reproductive health and maternal-child health [care] for people of scarce resources will be established.”

However, under the Penal Code, abortion is only legal in cases where the pregnacy threatens the life of the mother.[ref]https://abortion-policies.srhr.org/country/paraguay/[/ref]

Over the course of 2017-2018, at least 10 Paraguayan cities publicly declared themselves to be “pro-life” and “pro-family.” Among those to declare themselves as such was the city Mariano Roque Alonso located in the Central Department, which held a celebration of the declaration in which representatives of various churches were present.[ref]https://ladiaria.com.uy/politica/articulo/2019/1/decenas-de-ciudades-y-provincias-se-declararon-pro-vida-en-argentina-y-paraguay/[/ref]

In December 2020, members of the House of Representatives held a minute’s silence to memorialize “all the babies that will die” as a result of the legalization of abortion in neighbouring Argentina.[ref]https://catholicherald.co.uk/paraguays-congress-responds-to-legalization-of-abortion-in-argentina-with-a-minute-of-silence/[/ref] Members of the House, reportedly sought to reiterate that the government is pro-life and pro-family, as asserted by a 2018 resolution.[ref]http://silpy.congreso.gov.py/expediente/115232[/ref]

LGBTI+ rights

LGBTI+ activists suggest that there has been a backward trend in the realization of and respect for their rights in the country since 2018.[ref]https://www.reuters.com/article/us-paraguay-lgbt-idUSKCN1RH14S;https://www.ozy.com/around-the-world/after-signs-of-progress-paraguay-turns-its-back-on-lgbt-rights/86707/; https://www.somosgay.org/news/read/60b2c2647cb0346dfa2da910[/ref]

Same-sex marriage remains illegal and there is no ban on conversion therapy.

According to Amnesty International,[ref]https://www.amnesty.org/en/countries/americas/paraguay/report-paraguay/[/ref]

“There was no progress during the year in criminal complaints relating to attacks against LGBTI people during a 2019 Pride march in the city of Hernandarias. The municipality of Hernandarias had banned the march for being “contrary to public morality.” There was also no progress in the constitutional challenge presented by Amnesty International in October 2019 against this and another resolution declaring the city “pro-life and pro-family,” both decisions of the municipality of Hernandarias.”

Members of the trans community are particular targets for violence and impunity for attacks is prevalent. According to SOMOSGAY, at least 60 cases of murders of trans women remain unsolved.[ref]https://www.somosgay.org/news/read/60b2c2647cb0346dfa2da927[/ref]

Freedom of expression, advocacy of humanist values

The Constitution guarantees freedom of expression and of the press, but these rights are inconsistently upheld in practice. Criminal groups and corrupt authorities often pose life dangers and threats towards journalists, especially in remote border areas leading to a climate of self-censorship.[ref]https://rsf.org/en/paraguay[/ref] In February 2020, Brazilian journalist Lourenço “Léo” Veras was shot and killed in the border city of Pedro Juan Caballero. Veras had reported death threats from narcotraffickers.[ref]https://freedomhouse.org/country/paraguay/freedom-world/2021[/ref]

Freedom of association

According to Freedom House,[ref]https://freedomhouse.org/country/paraguay/freedom-world/2021[/ref]

“Paraguay has a strong culture of largely free nongovernmental organizations (NGOs) working in the field of human rights and governance. However, political access tends to be given to organizations made up of senior business figures or religious groups, while human rights groups are increasingly dismissed as reflecting an international liberal agenda.”