The Effect of International Treaties on Religious Freedom in Mexico

I. INTRODUCTION: THE IMPORTANCE OF RELIGIOUS LIBERTY Religious liberty is a fundamental right that should be guaranteed to every human being. It is one aspect of the liberty of thought and conscience.1 A person's fundamental convictions are particularly important since they are the center around which the individual's life turns. The state should be the main protector of this liberty and should not only refrain from interfering with its enjoyment, but also foster conditions for individuals to exercise this liberty. In Mexico, the development of this right has a complex history. While the Mexican people have always been able to have a religion, sometimes this ability has been limited. At times they have only been allowed to profess the state-mandated religion of Catholicism. At other times their religious beliefs have been subject to excessive regulations and limitations. Even now some of these regulations persist. Part of the current debate over religious freedom in Mexico involves the discussion of what role these regulations should play. To fully understand the current debate over religious freedom in Mexico, one must have an awareness of its historical development, which differs from developments in many other Latin American countries.2 This article first traces the evolution of Mexican religious freedom in Part II. Part III places that development into context by IMAGE FORMULA5 examining some of the international agreements signed by Mexico. And finally, Part IV offers a few conclusions on how Mexico can better protect religious liberty. II. HISTORICAL DEVELOPMENT Mexico has a long history of religious liberty. While Mexican people have always enjoyed the ability to profess religious convictions, they have not always been able to change their religion or choose to have no religion at all. The development of religious freedom in Mexico can be divided into four basic time periods: (a) religious intolerance and hegemony (1810-1873), (b) secularization of the State (1873-1917), (c) state regulation of religion (1917-1992), and (d) normalization of church-state relations (1992-present). Each of these periods will be discussed in turn. A. Religious Intolerance and Hegemony (1810-1873) For three centuries before the Mexican Independence Revolution (1810-1821), Mexico lived under a colonial and viceroy regime, during which time a missionary patter emerged where in the king and queen of Spain, while permitted to colonize the land, were ordered by the pope to evangelize the population. It is clear that only one religion would be taught under that order. Furthermore, professing a belief in any other religion was forbidden, which was enforced by the Holy Inquisition Courts. Although the beginnings of Mexican independence were inspired by liberalism, the proponents of Mexican independence did not believe religious liberty should be an individual human right. Accordingly, all documents of the period contained references to a single acceptable religion. In fact, in 1811, Ignacio Lopez Rayon described "the elements of a constitution that would guarantee our happiness."3 The first section stated that "The Catholic religion will be the only religion, without tolerance for any others."4 In the third section, Rayon said "The doctrine [of the church] will be upheld by the vigilance of the IMAGE FORMULA11 Tribunal of Faith."5 Similarly, Jose Maria Morelos, in his famous Sentimientos de la Nacion,6 established the foundation for what would be the Constitution of 1824. The second article of this document asserted that "the Catholic religion will be the only religion and no other will be tolerated."7 The Constitutional Decree for the Liberty of Mexican-America, signed on October 22, 1814, set forth in its first article that "[t]he Roman Catholic Apostolic Church should be the only one"8 professed by the state and further provided for the revocation of citizenship when someone changed religion. …