In a historic ruling, Peru's national ombudsman spoke out in favor of an Adventist university student who was denied the right to freely practice his religion in the private university he was attending.
In a historic ruling, Peru’s national ombudsman spoke out in favor of an Adventist university student who was denied the right to freely practice his religion in the private university he was attending.
Separately, the Brazilian state of São Paulo passed legislation guaranteeing similar freedoms to students in schools there.
Peruvian Attorney Marco Huaco Palomino, legal advisor on the case and a specialist in freedom of religion and conscience issues, said San Martin de Porres University did not allow student Carlos Carpio to observe Saturday, a holy day observed by members of the Seventh-day Adventist Church, declaring the student stood to lose his professional studies.
On Jan. 27, Peru’s ombudsman determined that the university establish that each professor, without affecting their standards of professional formation, can adopt exceptional measures or treatment for students who are unable to meet the academic and general administrative regime for religious reasons.
This is the second case in Peru about the right to observe religious days where a public body has made an official statement. The first involved a case where the Constitutional Tribunal ruled in favor of a doctor from the social security system in 2001.
The sentence was viewed in a positive light by specialists in human rights and constitutional law and set a precedent in terms of Peruvian justice, recognizing the right to conscientious objection as a new fundamental right.
Dr. Huaco, author of a recently published book on religious freedom, said this ruling represents important progress toward recognition and application of full religious freedom in Peru and is “evidence of the need for a Religious Affairs Law that will develop religious freedom according to the Constitution and international human rights treaties.”
In Brazil, Dec. 8, 2005, the Legislative Assembly of the State of São Paulo passed a law establishing criteria for public examinations, college entrance examinations and classes in schools on days of religious observance. Article 2 of the law states, “a student who is duly enrolled in public or private educational establishments of elementary, secondary or superior level education shall assure the student the application of examinations on days that do not coincide with the period of religious observance.” This supports, among others, the Seventh-day Adventist community in Central Brazil.
The bill was first introduced in 2001, but was vetoed two years later. In the intervening time, several forums on religious liberty were held by the Brazilian Religious Liberty Association, and more than 30,000 petition signatures were collected.