scholarly journals Freedom of Religion in the Italian Constitution

2020 ◽  
Vol 5 (3) ◽  
pp. 56
Author(s):  
Renata Tokrri
Keyword(s):  
Legal System ◽  
Conscientious Objection ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Democratic State ◽  
Cultural Element ◽  
Italian Constitution

In Italy, Catholicism was the dominant faith for about two thousand years and until recently almost the only one. This has meant that it has taken root in the country as a primary socio-cultural element also for the laity and non-believers. Every legal system in a democratic state must find the normative mechanisms to guarantee and protect the religious phenomenon. With the advent of the Republican Constitution, the religious phenomenon is foreseen and regulated in four articles: Articles 7, 8, 19, 20 of the Constitution, to which we must add the guarantees deriving from articles 2 and 3 of the Constitution. These Articles sanction the principle of equality of all confessions and non-discrimination on a religious basis, the freedom to profess one's beliefs both individually and collectively, in public or private, ect. The analysis aims to understand the capacity of these provisions to guarantee all dimensions of the religious phenomenon. In this regard, the question arose whether these articles protect freedom of conscience, conscientious objection and atheism. It is also important to analyze those are the limits that this freedom encounters.

scholarly journals Conciencia y Derecho: Conferencia pronunciada por el padrino de la promoción anual de la Facultad de Derecho el día de la festividad de San Raimundo de Peñafort = Awareness and Law: Conference given by the sponsor of the annual promotion of the Faculty of Law on the day of the feast of St. Raimundo de Peñafort

2018 ◽  
pp. 3
Author(s):  
Dionision Llamazares Fernández
Keyword(s):  
Legal System ◽  
Conscientious Objection ◽  
Fundamental Rights ◽  
Freedom Of Conscience ◽  
Legal Studies ◽  
The Social ◽  
The Right ◽  
The Relationship ◽  
Original Component

<p>La relación entre conciencia y Derecho es mucho más estrecha que la que se reduce a los supuestos de objeción de conciencia. Desde una perspectiva transversal, la conciencia es la columna vertebral de los estudios jurídicos, e incluso de la actividad de todos los operadores  jurídicos. El presente artículo desarrolla tres aspectos de esta relación: la presencia protagonista del derecho de libertad de conciencia en el <em>pacto por la convivencia</em>, base misma del  Derecho; su  presencia igualmente protagonista en la vertebración de las libertades públicas y de los derechos fundamentales (derechos subjetivos); y su papel como principio informador de la estructura y dinamismo del ordenamiento. Finalmente, el artículo concluye subrayando el papel trascendental del derecho a la libre formación de la conciencia como elemento integrante básico y original del derecho de libertad de conciencia.</p><p>The relationship between the conscience and the law is not limited to cases of conscientious objection. From a transversal perspective, conscience is the backbone of legal studies and the activity developed by legal operators. This paper studies three aspects of the relationship between conscience and Law: the right of freedom of conscience in the social coexistence pact, which in one of the bases of the legal system; the presence of freedom of conscience in the organization of the model of public liberties and fundamental rights; and the role of freedom of conscience as an informing principle of the legal system Finally, the paper concludes underlining the transcendental role of the right to the free formation of conscience, as a basic and original component of the right to freedom of conscience.</p>

scholarly journals The Conscientious Objection of Medical Practitioners to the CPSO’s “Effective Referral” Requirement

2020 ◽  
Vol 29 (1) ◽  
pp. 29-37
Author(s):  
Richard Moon
Keyword(s):  
Religious Practice ◽  
Conscientious Objection ◽  
Freedom Of Religion ◽  
Medical Procedure ◽  
Freedom Of Conscience ◽  
Liberal State ◽  
Medical Practitioners ◽  
Moral Beliefs ◽  
Religious Dress ◽  
The Individual

The term “conscience” is used in two different ways in discussions about religious freedom. Sometimes, conscience is contrasted with religion. Freedom of conscience, in contrast to freedom of religion, is concerned with the protection of fundamental beliefs or commitments that are not part of a religious or spiritual system.1 Together, freedom of conscience and freedom of religion protect the individual’s most fundamental moral beliefs or commitments.2 Other times, though, the term “conscience” refers to a particular kind of accommodation claim. In most religious accommodation cases, an individual or group seeks to be exempted from a law that prevents them from engaging in a religious practice — for example, from wearing religious dress or keeping religious holidays. In conscientious objection cases, how- ever, the individual asks to be exempted from a law that requires them to perform an act that they regard as immoral or sinful. In many of these cases the claimant asks to be excused from performing an act that is not itself immoral, but supports or facilitates what they see as the immoral action of others, and so makes them complicit in this immorality. In this comment I will focus on this second use of the term conscience, and more particularly the conscientious objection claim made by some medical practitioners in Ontario to the requirement that they provide an effective referral to another doctor when they are unwilling, for moral or religious reasons, to perform a particular medical procedure(...) 1 The term “freedom of conscience” was once used interchangeably with freedom of religion to refer to an individual’s freedom to hold beliefs that were spiritual or moral in At this earlier time the moral beliefs of most individuals were rooted in a religious system. Freedom of conscience, though, is now viewed as an alternative to, or extension of, freedom of religion.2 However, as I have argued elsewhere, the conscience part of section 2(a) is seldom raised before the courts and may have very little practical See Richard Moon, “Conscience in the Image of Religion” in John Adenitire, ed, Religious Beliefs and Conscientious Exemptions in a Liberal State (Oxford: Hart, 2019) 73.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals Społeczna szkodliwość — dziedzictwo komunizmu w polskim prawie karnym?

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Second World War ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Democratic State ◽  
The Social ◽  
Social Harmfulness ◽  
Second World

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.

scholarly journals Theory and Practice of the Realization of the Right to Freedom of Religion: All-Ukrainian and Regional Contexts

2013 ◽  
pp. 5-10
Author(s):  
Liudmyla O. Fylypovych
Keyword(s):  
Theory And Practice ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
The Law ◽  
The Right

The right to freedom of religion is enshrined in the Constitution of Ukraine and the Law of Ukraine on Freedom of Conscience and religious organizations. Article 35 of the Constitution of Ukraine states that this right includes the freedom to profess any religion or not to profess any, to freely send individually or collectively religious ceremonies, to conduct religious activities.

scholarly journals Freedom of Conscience and Freedom of Religion within the Context of Human Security and Authenticity in Vito Mancuso’s Lay Secular Theology

2017 ◽  
Vol 59 (2) ◽  
Author(s):  
Corneliu C. Simuţ
Keyword(s):  
Human Security ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Secular Theology

SummaryVito Mancuso, one of Italy’s most famous intellectuals and author of best-selling books on religion – such as

Earning and Learning in the British West Indies: an Image of Freedom in the Pre-Emancipation Decade, 1823–1833

1991 ◽  
Vol 34 (2) ◽  
pp. 391-409 ◽  
Author(s):  
Olwyn M. Blouet
Keyword(s):  
Free Trade ◽  
West Indies ◽  
Freedom Of Speech ◽  
Freedom Of Religion ◽  
British West Indies ◽  
Freedom Of Conscience ◽  
Free Press ◽  
Freedom Of Movement ◽  
British West Indian ◽  
Civilized Society

In 1833 slavery was abolished in the British West Indian colonies. A labour system that had been in operation for two hundred years, ended. A campaign based on the concept of freedom came to fruition. The idea of freedom was central to enlightenment thought. Freedom of speech, freedom of religion, freedom of conscience, freedom of movement, a free press, free trade and free labour were all part of enlightenment ideology. The institution of slavery, which limited all freedoms, came under pressure in an enlightened environment. Unlike the ancients who believed there could not be a civilized society without slaves, enlightenment philosophers developed the view that slavery was antithetical to civilization.

The Safety of Participants in Pilgrimages,Processions and Funeral Corteges Using Public Roads

2016 ◽  
Vol 8 (2) ◽  
pp. 123-0
Author(s):  
Aleksander Babiński
Keyword(s):  
National Security ◽  
Religious Belief ◽  
Political System ◽  
The Political ◽  
Public Order ◽  
Freedom Of Conscience ◽  
The Public ◽  
Democratic State ◽  
Legal Situation

A feature of the constitution is that the political system assumes a right to exercise freedom of conscience and religion.In the reality of a totalitarian state the ability to use this freedom was not so evident since, despite the formal guarantee, this ability was limited. In a democratic state of law, this freedom has been clarified by the legislature. By virtue of the Constitution expressions of religious belief may be restricted by law only when it is necessary to protect national security, public order, health, morals or the rights and freedoms of others. The legislation establishing special arrangements to enable the public exercise of worship does not introduce such restrictions. On the contrary, it facilitates its execution. A particular mode of worship involves events that take place entailing the use of public roads. Legislation providing for the use of roads assumes a formalisation of carrying out such religious ceremonies as pilgrimages, processions and funeral corteges on the roads. The article presents legal solutions to enable them to be carried out, indicating the dependence resulting from the category of road on which they are held and solutions designed to ensure the safety of the participants as specific users of public roads. It states which authorities are competent to make arrangements in this regard, indicating the multiplicity of authorities that need to be involved in this process. In the context of the existing legal situation, whether the solutions adopted allow determination of those responsible for the security and the scope of arrangements to ensure the safety of participants of pilgrimages, processions or funeral corteges is important.

Criminal-Law Protection of Religious Relations

10.12737/4823 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 41-50
Author(s):  
Виктор Беспалько ◽  
Viktor Bespalko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Russian Society ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
Current State ◽  
Democratic State ◽  
Criminal Offenses ◽  
The Social

In the article the author analyzes the current state of Russian law on crimes against freedom of conscience and religious security. He proves social necessity for criminal law protection of religious relations. He also proposes his classification of the criminal offenses. The article contains the term «religious security». It shows the main threats to religious security in modern conditions, which need counteraction by criminal law. The author developed amendments and additions to the Criminal Code, taking into account the level of religious relations in Russian society. He demonstrates the social significance of protection of the personal freedom of conscience and religious security from criminal trespasses in a democratic state. The author based results of his investigation on sociological findings and links to sources of domestic and foreign criminal law.

scholarly journals Inter-confessional relations in Ukraine: the state and ways of toleration

2013 ◽  
pp. 107-115
Author(s):  
Anatolii M. Kolodnyi
Keyword(s):  
Soviet Union ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Freedom Of Conscience

In Soviet times, Soviet Union legislation declared freedom of religion, but not freedom of religion. The only one in Ukraine was covered only by the 1991 Law on Freedom of Conscience and religious organizations.

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