ABSTRACT

This chapter analyses how the Latin American constitutional framework considers religion as a transcendent human phenomenon, and then turn to the different religions that form Latin American spiritual pluralism. As for the reception of freedom of religion or belief, all constitutions have acknowledged such a right as fundamental. Both international and domestic law highly esteems religion as a phenomenon and provides special protection of it. International human rights law, together with general principles of law explicitly or implicitly acknowledged, along with international customary law and mandatory or peremptory law comprise what is considered a human rights or constitutionality block that rules every Latin American state, either by express incorporation or tacitly, but either way binding the state according to the Vienna Convention on the Law of Treaties. In the remainder of the Latin American countries, sound preambles precede and preside over their constitutions; regardless of secularization, genuine neutrality, or establishment of a church, they invoke God Almighty before legislating.