Guatemala
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  Preferred Religion (2015)1: Catholic

  Majority Religion (2015)2: Catholic (42.6%)

Features Of Constitution

Is there a constitution?3 yes
Does the constitution state an official religion?3 recognition only [Article 37]
Does the constitution provide for freedom of religion?3 yes [Article 36]
Does the constitution protect religious equality/non-discrimination?3 no

Constitution

Constitution Year3 1985
Last Amended3 1993
Source3 Constitute Project;
Translation3 Source is an English translation, edited by ARDA staff.
Current as of3 July 16, 2018

Constitution Excerpts (clauses that reference religion)3

Preamble

INVOKING THE NAME OF GOD

...

Article 19. Penitentiary System.

The penitentiary system must tend to the social rehabilitation and reeducation of the prisoners [reclusos] and to comply[,] in their treatment, with [observance to] the following minimum norms:

...

(c) They have the right to communicate, when they so request, with their ... religious assistant ...

Article 33. Right of Assembly and Demonstration [Manifestación]

...

Religious public assemblies [manifestaciónes] outside of temples are permitted and are regulated by the law.

...

Article 36. Freedom of Religion.

The exercise of all the religions is free. Any person has the right to practice his [or her] religion or belief, in public and in private, through teaching, cult and observance, without other limits than the public order and the due respect for the dignity of the hierarchy and the faithful [followers] of [the] other beliefs [credos].

Article 37. Juridical Personality of the Churches.

The juridical personality of the Catholic Church is recognized. The other churches, cults, entities, and associations of religious character will obtain the recognition of their juridical personality in accordance with the rules of their institution[,] and the Government may not deny it[,] aside from reasons of public order.

The State will extend to the Catholic Church, without any cost, [the] titles of ownership of the real assets which it holds peacefully for its own purposes, as long as they have formed part of the patrimony of the Catholic Church in the past. The property assigned to third parties or those which the State has traditionally assigned to their services[,] may not be affected.

The real assets of the religious entities assigned [destinados] to worship, to education, and to social assistance, enjoy exemption from taxes, assessments, and contributions.

Article 49. Matrimony.

The [state of] matrimony may be authorized by ... religious ministers authorized [facultados] by the corresponding administrative authority.

Article 73. Freedom of Education and the Economic Assistance of the State.

... The State may subsidize the gratuitous private educational centers and the law will regulate what is relative to this matter. The private educational centers shall function under the inspection of the State. ...

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.

Article 186. Prohibitions to Opt for the Offices of President or Vice-President of the Republic.

The following may not opt for the offices of President or Vice-President of the Republic:

(f) The ministers of any religion or cult; ...

Article 197. Prohibitions to be Minister of State.

Ministers of State may not be:

(e) The ministers of any religion or cult.

Article 207. Requirements to be a Magistrate or Judge.

...

The function of magistrate or judge is incompatible with ... the status of minister of any religion.

...


Sources

1.  The Religious Characteristics of States Dataset Project: Government Religious Preference (GRP) measures government-level favoritism toward, and disfavor against, 30 religious denominations. A series of ordered categorical variables index the state's institutional favoritism in 28 different ways. The variables are combined to form five composite indices for five broad components of state-religion: official status, religious education, financial support, regulatory burdens, and freedom of practice. The five components' composites in turn are further combined into a single composite score, the GRP score. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson, the principal investigator of the World Christian Database, the co-principal investigator of the World Religion Database, and co-author of the World Christian Encyclopedia series.

2.  The Religious Characteristics of States Dataset Project: Demographics reports annual estimates of religious demographics, both country by country and region by region. It estimates populations and percentages of adherents of 100 religious denominations including second level subdivisions within Christianity and Islam. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson, the principal investigator of the World Christian Database, the co-principal investigator of the World Religion Database, and co-author of the World Christian Encyclopedia series.

3.  Text from country constitutions was copied from primary documents obtained online using a variety of sources, including the Constitute Project, World Constitutions Illustrated, and government sources. When the text was in a language other than English, it was translated to English by ARDA staff or with web-based translation utilities such as Google Translate. Emphases were added to the text by ARDA staff to differentiate religious content from non-religious content. Text is current to the date listed in the "Current as of" field shown above. Please contact us at support@thearda.com if you are aware of any incorrect information provided on this page.

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