Pavez Pavez v. Chile

a judicial decision with grave argumentative omissions

Abstract

Case commentary on the Pavez Pavez v. Chile judgment, issued at the beginning of 2022 by the Interamerican Court of Human Rights. The judgment in question is relevant given its subject matter as it is noteworthy for being one of few decisions of the Inter-American system that directly addresses freedom of religion and its relationship with other rights in tension. It is argued that the decision reached has little jurisprudential value, given the significant shortcomings in the interpretation of the scope of the right to freedom of religion, and the failure to apply the strict proportionality test that the Court announced as decisive in the case in question.