Family and religious freedom in Argentina. Framework and challenges

Authors

Abstract

This paper aims to describe the current state of the relationship between religious freedom, marriage, and family in Argentina, through the lens of legislative and jurispru- dential developments, particularly those stemming from the Supreme Federal Court.

The central lines of inquiry focus on marriage, its normative evolution, and the way in which religious marriage is addres- sed in both statutory law and case law. The analysis then turns to the legislative and jurisprudential treatment of the right to re- ligious freedom as exercised by individuals in their parental role and by minors as they develop toward the autonomous exercise of this right.

All of this is examined considering the constitutional guarantee of religious free- dom, as it pertains to all individuals, ac- cording to their role within the family and their degree of emotional and psychological maturity, within the framework of Argentine law.

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Author Biography

Mercedes Guadalupe Rubino, Pontifical Catholic University “Santa María de los Buenos Aires”

Lawyer from the University of Salvador (Argentina), Master's degree in Biomedical Ethics from the Pontifical University “Santa María de los Buenos Aires” (UCA), PhD candidate in Legal Sciences at the UCA, regular adjunct professor at the University of Buenos Aires (UBA), assistant professor of “Canon and Ecclesiastical Law” at the UCA Law School, and member of the Latin American Consortium for Religious Freedom.

Published

2026-01-22

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