Chile: The Catholic Church rejects a decree with which the State seeks to regulate religious teaching

The Episcopal Conference of Chile, through the Education Area, requested that Decree No. 115 issued in September by the government of Gabriel Boric, which introduces changes in the teaching of religion in the country’s schools, whose legislation current dates back to 1983.

The formal request was presented to the Comptroller General of the Republic, arguing that this decree affects the autonomy of religious denominations and their ability to determine who is authorized to exercise religious teaching.

In 2022, the Inter-American Court of Human Rights (IAC Court), when judging the case “Pavez Pavez vs. Chile”, ruled that the Chilean State should adjust its regulations to guarantee effective remedies in cases of disputes over the suitability of religion teachers in public establishments.

The case “Pavez Pavez vs. Chile” arose due to the lawsuit of a former nun who worked as a religion teacher in a school financed by the Chilean State, while maintaining a public relationship with another woman. When the Diocese of San Bernardo found out, it decided to revoke his certificate of suitability to practice religious teaching.

The teacher filed an appeal considering that the Vicariate’s decision had been arbitrary and illegal, which was rejected by the Supreme Court.

However, the Inter-American Court declared in 2022 the international responsibility of the State of Chile “for the violation of the rights to equality and non-discrimination, to personal freedom, to private life and to work.”

With the decree issued in September 2024, the Chilean government seeks to counteract what happened in this specific case, but the Episcopate states that the regulations exceed the requirements of the Inter-American Court, whose ruling did not question the Supreme Decree No. 924 of 1983which regulates religious education, nor did it request structural changes to religious education in Chile.

The Catholic Church claims that the regulations issued by the Boric government mean that the decisions made by religious denominations regarding teaching suitability can be reviewed by the Undersecretary of Education.

In this framework, the Chilean bishops’ statement raises the scope of religious freedom, guaranteed by international law through the International Covenant on Civil and Political Rights, which includes the right of confessions to organize, teach their doctrine and decide who can represent them.

This right, maintains the CECh, would be affected by Decree No. 115, which grants the State powers to intervene in internal decisions of religious confessions.

Another change introduced by the decree is that the certificate of suitability must only be requested once, and is permanent.

At this point, the Church’s criticism has to do with the dynamic nature of moral and doctrinal adequacy, and affects the ability of confessions to supervise those who teach their faith.