Whereby The Law Of Religious Freedom And Worship Is Developed, Recognized In Article 19 Of The Constitution

Original Language Title: Por la cual se desarrolla el Derecho de Libertad Religiosa y de Cultos, reconocido en el artículo 19 de la Constitución Política

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LAW 133 1994
(May 23)
Official Gazette No. 41,369, of May 26, 1994
"Whereby the Law of Religious Freedom and Worship is developed, recognized in Article 19 the Constitution ". Summary

Term Notes
THE CONGRESS OF THE REPUBLIC OF COLOMBIA DECREES
:

CHAPTER I. THE RIGHT OF RELIGIOUS FREEDOM
ARTICLE 1o. The State guarantees the fundamental right to religious freedom and worship, recognized in Article 19 of the Constitution.
This right shall be construed in accordance with international human rights treaties ratified by the Republic.
Article 2.
. No church or religious denomination is or will be official or state. However, the State is not atheistic, agnostic or indifferent to the religious sentiments of Colombians.
The Public Power will protect people in their beliefs, as well as churches and religious confessions and facilitate their participation and those in pursuit of the common good. Similarly, maintain harmony and common understanding with the Churches and religious faiths in Colombian society relations.

ARTICLE 3. The State recognizes the diversity of religious beliefs, which do not constitute cause for inequality or discrimination before the law to repeal or restrict the recognition or exercise of fundamental rights.
All religions and churches are equally free before the law.

ARTICLE 4. The exercise of rights under religious freedom and worship, is limited only by protecting the right of others to exercise their public freedoms and fundamental rights and safeguarding security, health and morality public, constituting the public order protected by law in a democratic society elements.
The right to protection of the rights recognized in this Constitutional Law shall be exercised in accordance with current standards. Effective Jurisprudence


The 5th ITEM. They are not included within the scope of this Act activities related to the study and experimentation with psychic or parapsychological phenomena; Satanism, magical or superstitious or spiritualistic practices or other similar foreign to religion.
CHAPTER II.
THE SCOPE OF RELIGIOUS FREEDOM LAW

ARTICLE 6o. Religious freedom and worship guaranteed by the Constitution includes, with the consequent legal antonomía and immunity from coercion, among others, the rights of everyone:
a) of professing religious beliefs freely choose or not to profess any; change or abandon confession he had; freely express their religion or religious beliefs or lack thereof or refrain from testifying about them;
B) In practice, individually or collectively, in private or in public, acts of prayer and worship; celebrate their festivals; and not be disturbed in the exercise of these rights;
C) To receive decent burial and observe the precepts and rites of the religion of the deceased in all matters relating to funeral customs subject to the wishes expressed by the deceased in any life, or failing that will express your family. To this effect, it proceeds as follows:
1. the rites of each of the churches or religious denominations in cemeteries dependent civil authority or property of individuals may be held.
2. the precepts and rites that determine each of the churches or religious denominations with legal status in cemeteries that are of property is observed.
3. the specific destination of existing places of worship in cemeteries dependent civil authority or individuals, subject of additional new facilities of other faiths will be preserved;
D) contracting and celebrate marriage and establish a family according to their religion and the standards of the relevant church or religious denomination. To this end, religious marriages and judgments of nullity issued by the authorities of the respective church or religious denomination with legal personality shall have civil effects, subject to state jurisdiction to regulate;
E) not be compelled to perform acts of worship or to receive religious assistance contrary to their personal convictions;
F) To receive religious assistance of his own confession wherever they are and in public places mainly health care, in military barracks and places of detention;

G) To receive and impart religious education and information, either orally, in writing or by any other procedure, who wishes to receive it; to receive that education and information or refuse it;
H) To choose for themselves and parents for minors or unable under its control, inside and outside school, religious and moral education according to their own convictions. For this purpose, educational establishments provide religious and moral education to the students according to the teaching of religion to which they belong, without prejudice to their right not to be forced to receive it. The desire not to receive religious and moral education may be revealed in the act of registration by the adult student or parents or curators of the minor or incompetent;
I) If not for religious reasons prevented to access any civil work or activity, for exercising or to hold office or public functions. In the case of income, promotion or stay in chaplaincies or in the teaching of religious and moral education should be required suitability certification issued by the Church or confession of religion to attend or teach;
J) to meet or demonstrate publicly for religious purposes and communally partner to develop their religious activities in accordance with the provisions of this Act and the general law. Effective Jurisprudence


ARTICLE 7. The right to religious freedom and worship, also includes, among others, the following rights of churches and religious denominations:
a) establish places of worship or assembly for religious purposes and to be respected and their religious destination its specific religious character;
B) freely exercise their own ministry; confer religious orders, appoint to the pastoral charges; communicate and maintain relationships, whether in the country or abroad, with his faithful, with other churches or religious denominations and their own organizations;
C) establish their own hierarchy, designate their respective ministers freely chosen by them with their particular form of attachment and permanence according to their internal rules;
D) and antónomamente have run their own training institutes and theological studies, which can be freely received candidates for the religious ministry that ecclesiastical authority deems appropriate. Civil recognition of diplomas issued by these institutes will be subject to agreement between the State and the corresponding church or religious denomination or, failing that, legal regulations;
E) write, publish, receive and freely use their books and other publications on religious matters;
F) to announce, communicate and disseminate, orally and in writing, his own creed to any person, without prejudice to the right recognized in literal g) of Article 6. and freely express the special value of their doctrine for the management of society and the orientation of human activity;
G) to fulfill education activities, charitable, assistance to enable implement the precepts of moral order from the social point of view of the respective confession.
PARÁGRAFO. Municipal Councils may grant exemptions from taxes and contributions of local character religious institutions equal for all denominations and churches.

Article 8. For real and effective implementation of these rights, the authorities take the necessary measures to ensure the religious assistance offered by the churches and religious denominations to their members when they are in public educational establishments, military, hospitals, welfare, prisons and other under his authority.
This care may be offered through Capellanías or similar institutions, organized with full autonomy by the respective church or religious denomination.
CHAPTER III.
Of Incorporation CHURCHES AND RELIGIOUS DENOMINATIONS

Article 9. The Ministry of Government recognized legal status to churches, confessions and religious denominations, their federations and confederations and associations of ministers, upon request. Similarly, the Ministry will work in the Public Registry of religious entities.
The request must be accompanied by supporting documents in stating its foundation or establishment in Colombia, as well as their names and other identifying information, statutes where their religious purposes are indicated, functioning system, organizational scheme and representative bodies stating their powers and their requirements for valid designation.

PARÁGRAFO. Churches, denominations and religious denominations, their federations and confederations may retain or acquire legal status of private law in accordance with the general provisions of civil law.

ARTICLE 10. The Ministry of Government office practice of registration in the public register of religious entities when granting legal status to a church or religious denomination, their federations or confederations.
The legal status be recognized when due evidence of the requirements and not some of the provisions of this Law is violated.

ARTICLE 11. The State continues to recognize ecclesiastical juridical personality of public law at the Catholic Church and erected entities or erected as provided in paragraph 1o. Article IV of the Concordat, approved by Law 20 of 1974.
For the registration of these in the Public Registry of Religious Entities will notify the Ministry of Government the respective decree of canonical erection or approval.

ARTICLE 12. The Ministry of Government administrative competence regarding granting legal status to the registration in the public register of religious entities, as well as the negotiation and development of Public Internal Law Conventions.
CHAPTER IV.
AUTONOMY OF CHURCHES AND RELIGIOUS DENOMINATIONS

ARTICLE 13. Churches and religious denominations have, in their religious affairs, full autonomy and freedom and may establish their own rules of organization, internal rules and regulations for its members.
These rules, as well as those governing the institutions created by them for achieving their purposes, may include clauses to safeguard their religious identity and their own character, as well as respect for their beliefs, no prejudice to the rights and freedoms recognized in the Constitution and especially those of freedom, equality and non-discrimination.
PARÁGRAFO. The State recognizes the exclusive competence of ecclesiastical courts to decide, concerning the validity of acts or religious ceremonies which affect or may affect the civil status of persons.

ARTICLE 14. Churches and religious confessions personality will, among other rights, the following:
a) create and foster partnerships, foundations and institutions to carry out its purposes under the provisions of the legal system ;
B) acquire, dispose of and manage freely movable and immovable property as it deems necessary for its activities; of owning the artistic and cultural heritage they have created, acquired with resources or under the lawful possession, in the manner and with the guarantees established by law;
C) to request and receive financial donations or other natural or legal persons and organize collections among the faithful to worship, support of his ministers and other purposes relating to his mission;
D) have guaranteed their rights to honor and rectification when they, their creed or their ministers are injured by slanderous, offensive, distorted or inaccurate information. Effective Jurisprudence


ARTICLE 15. The State may conclude with the churches, confessions and religious denominations, their federations and confederations and associations of ministers, who enjoy personality and offer lasting guarantee of its status and number (sic) members, conventions religious matters, either international treaties or conventions Internal Public law, especially to regulate the provisions of paragraphs d) and g) of Article 6. in the second paragraph of Article 8. this Statute, and Article 1o. Law 25 of 1992.
Conventions Internal Public Law shall be subject to prior judicial review of the Board of Consultation and Civil Service of the State Council and will take effect once the President of the Republic to be subscribed.

ARTICLE 16. The status of Minister of Worship will be credited with a document issued by the competent authority of the church or religious denomination with legal personality to which it belongs. The exercise of ministerial religious function will be guaranteed by the state. CHAPTER V.


TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 17. In all municipalities in the country will be a dependent cemetery civil authority. Municipal authorities take the necessary measures to comply with this provision in the towns that lack a civil cemetery, within the year following the date of enactment of this Act year measures.

PARÁGRAFO. In municipalities where there is a single cemetery and it depends on a Church or religious confession, she separated a place to give proper burial under the same conditions as dependent cemeteries civil authority, until compliance is given to the provisions of the first part of this article.

ARTICLE 18. Registration of already erected entities, as set out in Article 12 will be performed within three (3) years following the effective date of this Act.

Article 19. This Law governs from the date of its enactment and repeal all provisions that are contrary.
The President of the honorable Senate of the Republic, JORGE RAMON ELIAS
nader.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives, Francisco Jose Jattin
SAFAR.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and executed.
Given in Bogota, DC, 23 May 1994. César Gaviria Trujillo
.



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