The Oriental Republic of Uruguay is the second smallest nation on the South American continent, bordering Brazil and Argentina. Its mostly urban population centers around the capital, Montevideo.
The Constitution in Uruguay and numerous laws explicitly prohibit discrimination based on religion. There is a strict separation between religion and state (Article 5 of the Constitution). By law, secularism is commemorated on 19 March each year.
Several provisions of the Penal Code restrict ill-treatment of ethnic, religious, and other minority groups, including hate crimes (Article 149).
Chapter V of the Penal Code outlines ‘crimes against freedom of worship and religious sentiments’. The provisions are primarily designed to criminalize actions that would prevent an individual from exercising their right to freedom of religion or belief. However, Article 306, criminalizes:
“Anyone who in any way offends any of the religious groups tolerated in the country, publicly insulting its ministers or persons who profess said worship, shall be punished with three to twelve months in prison.”
Further, Article 305 criminalizes:
“Anyone who, in any way, by words or acts, including damage or destruction, offends any of the religions tolerated in the country, by insulting things that are objects of worship, or that serve for its exercise, in places intended for worship, provided that the offense is carried out publicly or has a public character due to its notoriety, shall be punished with six to twenty-four months in prison.”
In criminalizing causing offense through insults to religious persons or the damage of objects in such broad terms, the Penal Code places de facto restrictions on ‘blasphemy’. Humanists International could not find specific instances of either of these provisions being applied in practice