Expanding Religious Freedom: Regulatory Developments and Policy Transfer in Latin America

Abstract

In this article, I examine the expansion of religious freedom in Latin America from a legal
analysis by focusing on the public policies implemented during recent presidential terms.
I conducted an exhaustive review of the constitutions of several Latin American countries,
as well as additional laws that promote and guarantee religious freedom. Additionally, I analyzed
the development plans of recent governments to identify whether the promotion and
guarantee of this right are part of the government agenda and whether they generate actions
or programs aimed at fostering it. My study, which is qualitative in nature, adopts a public
policy perspective, with a particular focus on policy transfer. However, the findings indicate
that in most countries there is significant resistance to the enactment of public policies on
religious freedom, evidencing a process of policy counter-transfer by different governments.
This research provides an understanding of the normative and political challenges in expanding
religious freedom in the region and highlights the need for greater political will and
sustained commitment to overcome resistance and promote effective policies that guarantee
religious freedom.