The failure of Secularism in Argentina

Taking one step forward and two steps backward

¿Who is she?

Cristina Kirchner (and canadian MP Stephen Harper)

And her?

Eva Perón

And him?

Juan Domingo Perón

And this man?

Domingo Faustino Sarmiento“The Teacher of Latin America”

XIXth Century

1810

May Revolution

XIXth Century

1810

1816

May Revolution

Declaration of Independence

XIXth Century

1810

1816

1826

May Revolution

Declaration of Independence

First Provintial Constitution, Secular

First secular Constitution: San Juanshortlived experience

Salvador María del Carril

XIXth Century

1810

1816

1826

1853

May Revolution

Declaration of Independence

Argentine Constitution

First Provintial Constitution, Secular

Argentine ConstitutionPREAMBLEWe, the representatives of the people of the Argentine Nation, assembled in General Constituent Congress by the will and election of the provinces which compose it, in fulfillment of pre-existing pacts, with the object of constituting the national union, ensuring justice, preserving domestic peace, providing for the common defense, promoting the general welfare, and securing the blessings of liberty to ourselves, to our posterity, and to all men in the world who wish to dwell on Argentine soil: invoking the protection of God, source of all reason and justice, do ordain, decree and establish this Constitution for the Argentine Nation.

Argentine ConstitutionPREAMBLEWe, the representatives of the people of the Argentine Nation, assembled in General Constituent Congress by the will and election of the provinces which compose it, in fulfillment of pre-existing pacts, with the object of constituting the national union, ensuring justice, preserving domestic peace, providing for the common defense, promoting the general welfare, and securing the blessings of liberty to ourselves, to our posterity, and to all men in the world who wish to dwell on Argentine soil: invoking the protection of God, source of all reason and justice, do ordain, decree and establish this Constitution for the Argentine Nation.

Argentine Constitution

Article 2: the Argentine government will support the Roman Catholic Church

Argentine Constitution

Article 2: the Argentine government will support the Roman Catholic Church

Argentine Constitution

Article 2: the Argentine government will support the Roman Catholic Church

Article 68, part 15: Congress must provide border security, maintain peaceful relations with the “indians” and actively promote their conversion to the Catholic Faith.

Argentine Constitution

Article 2: the Argentine government will support the Roman Catholic Church

Article 68, part 15: Congress must provide border security, maintain peaceful relations with the “indians” and actively promote their conversion to the Catholic Faith.

Argentine Constitution

Article 2: the Argentine government will support the Roman Catholic Church

Article 68, part 15: Congress mustprovide border security, maintain peaceful relations with the “indians” and actively promote their conversion to the Catholic Faith.

Article 73: In order for one to be elected President or Vice-President of the Confederation one must be either a native or the son of a native born overseas, a member of the Roman Catholic Church and the remaining conditions necessary to become a Senator.

Argentine Constitution

Article 2: the Argentine government will support the Roman Catholic Church

Article 68, part 15: Congress mustprovide border security, maintain peaceful relations with the “indians” and actively promote their conversion to the Catholic Faith.

Article 73: In order for one to be elected President or Vice-President of the Confederation one must be either a native or the son of a native born overseas, a member of the Roman Catholic Church and the remaining conditions necessary to become a Senator.

XIXth Century

1810

1816

1826

1853

1868

May Revolution

Declaration of Independence

Argentine Constitution

First Provintial Constitution, Secular

Sarmiento President

Sarmiento President

He brings american teachers to train argentine ones.

First time the Federal Government builds schools in the provinces.

First Argentine Census.

XIXth Century

1810

1816

1826

1853

1868

1884

May Revolution

Declaration of Independence

Argentine Constitution

First Provintial Constitution, Secular

Sarmiento President

1420 Education Law passed

1420 Education law

The law states that education must be Compulsory for every child, Free, Gradual, and excludes any kind of religious education from the Curricula.

1520 Civil Registry lawThis law takes away the keeping of public records from the Catholic Church. Marriages, Births and Deaths will have to go through the Government. The Vatican closes international relations with Argentina for almost a year.

So far, so good.

XXth Century

1943

New Education Law

XXth Century

1943

1947

New Education Law

Peronist Education Law mandatory religion

Religious education

Decree 18.411

Law 13.407

De facto president Edelmiro Farrell signs into law the decree n°18.411 which states that the “teaching of cathecism will be permited in school s curricula”.

In order to apease the Catholic church, the Peronist party passes the law 13.407 which states that “religious and moral education will be a compulsory part of the

school programs.

XXth Century

1943

1947

1954

New Education Law

Peronist Education Law mandatory religion

New Peronist Education law, no more religion

No more Religious education + Divorce

Law 14.394Peron creates a new law, where he forbids religious education (worshipping Evita and

Peron had become the “State Religion”), recognizes bastards and creates the first “Divorce Law”.

XXth Century

1943

1947

1954

New Education Law

Peronist Education Law mandatory religion

New Peronist Education law, no more religion

1955

Peron ousted, back to 1943 law

Peron Ousted

• Peron is ousted in 1955, by the Libertadora Revolution, after this, the law goes back to 1943. When the Military government is over (1958) the law goes back to the 1420 law (with slight modifications).

XXth Century

1943

1947

1954

1976

New Education Law

Peronist Education Law mandatory religion

Last Coup d’etat

New Peronist Education law, no more religion

1955

Peron ousted, back to 1943 law

XXth Century

1943

1947

1954

1976

1982

New Education Law

Peronist Education Law mandatory religion

Last Coup d’etat

New Peronist Education law, no more religion

Falkland’s war

1955

Peron ousted, back to 1943 law

XXth Century

1943

1947

1954

1976

1982

1983

New Education Law

Peronist Education Law mandatory religion

Last Coup d’etat

New Peronist Education law, no more religion

Falkland’s war

Return of Democracy

1955

Peron ousted, back to 1943 law

XXth Century

1943

1947

1954

1976

1982

1983

New Education Law

Peronist Education Law mandatory religion

Last Coup d’etat

New Peronist Education law, no more religion

Falkland’s war

Return of Democracy

1955

Peron ousted, back to 1943 law

Constitution Reformed

1994

Constitution Changed

• No more need to be Catholic in order to be president.

• State still supports the catholic church… (Article 2)

XXth Century

1943

1947

1954

1976

1982

1983

New Education Law

Peronist Education Law mandatory religion

Last Coup d’etat

New Peronist Education law, no more religion

Falkland’s war

Return of Democracy

2006

New Federal Education law

1955

Peron ousted, back to 1943 law

Constitution Reformed

1994

New Federal education law (N° 26.206)

• Even if the law has a new take on education, promoting digital education AND making secondary education mandatory for the first time. It creates a big loophole, it doesn’t state that there can NOR that there cannot be religious education as part of the curricula. It does state that “the right of having one’s children be educated at an institute where one’s religious convictions are represented” (article 128, part c).

XXth Century

1943

1947

1954

1976

1982

1983

New Education Law

Peronist Education Law mandatory religion

Last Coup d’etat

New Peronist Education law, no more religion

Falkland’s war

Return of Democracy

2006

New Federal Education law

2008

Salta passes religious education Law

1955

Peron ousted, back to 1943 law

Constitution Reformed

1994

December 2008: Law 7546• In december 2008, the Salta State Congress passed the Law 7546, stating

that: • Article 8, part m: The state will garantee that every public pupil will

receive religious education acording to his convictions.• Article 27: “It is a function of public and private schools to:• Provide religious education, which will be a necessary part of every

curricula.

Religious “Liberty” Law

Cynthia Hotton, member of Congress, represents the religious “Evangelist” community

Judge Argibay, the last step forwardFirst Atheist Supreme Court judge.

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