Contenuti per la categoria: Diritto ecclesiastico (Teoria generale del)

Is it possible to measure religious or belief minority rights?

ABSTRACT: Is it possible to measure how much the legal systems of the European Union countries respect and promote the rights of religious or belief minorities? Based on the findings of the Atlas of religious or belief minority rights research project (https://atlasminorityrights.eu), this article answers the question in the affirmative. The paper is divided into three parts. The first briefly describes the methodology and techniques used to measure minority rights. They are determined by the answers given to some preliminary questions that are discussed in the second part of the contribution. The last section of the article outlines the purpose and value of measuring religious or belief minority rights.

SOMMARIO: 1. Introduzione - 2. La misurazione dei diritti delle minoranze di religione e convinzione - 3. L’oggetto e i confini della misurazione - 4. L’utilità della misurazione.

ABSTRACT: Starting from the hermeneutic value played by the veil issue in analyzing the contemporary dynamics of the right to religious freedom in Europe, the paper will focus on the tension between the modern and contemporary paradigm of this right: a tension that makes its effects felt on the broader Mediterranean scale and that hints at new scenarios of a postmodern European right to religious freedom.

SOMMARIO: 1. Introduction - 2. Separation: The Matrix of Freedom of Religion as a Right of Modernity - 3. Islam and Separation: Modernity Stumbles - 4. A Broader Scenario: The Mediterranean Backdrop - 5. Prospects for a Post-modern Right to Freedom of Religion.

From hate speech to hate crime. A difficult balancing act

ABSTRACT: The work reconstructs the transition from hate speech to hate crime, through a reconstruction of comparative and supranational law, highlighting the difficult balancing of interests that underlies it with the related problems of the taxability and determinacy of the incriminating case.

Sommario: 1. Un breve chiarimento terminologico - 2. Bilanciamento e “legalità”: compatibilità e conflitti - 3. Libertà di espressione e meritevolezza di pena del discorso di odio - 4. Problemi di tassatività e di determinatezza del discorso di odio - 5. Uso e abuso del ricorso al bilanciamento. Alcuni casi scelti - 6. La crisi del bilanciamento: la nascita dei “super-diritti” e il ricorso al principio di proporzionalità.

Digital jihadism. Freedom of religion, security, democracy

ABSTRACT: The Digital Revolution and the emergence of the Algorithmic Society made difficult the relationship between security and liberty. On the one hand, the digitalizing of terrorism and extremism has put in danger the public safety, due to misuse of social media and platform to radicalize (lone wolves), recruit, train or planning terrorist attacks. On the other hand, the public-private model of governance of speech has endangered the freedom of religion and speech, by permitting private actors to censure users, through AI and without the shield of the rule of law, under the cloak of freedom of contracts. This paper analyzes the state of the art, trying to draw a perimeter for the study of underlying issues and relationship between religion, democracy and security in the digital era.

The bothersome secularity: constitutional secularity and religious freedom

ABSTRACT: In recent years, there has been a certain disenchantment of religious denominations with secularity. At the very time when secularity as a constitutional principle offered a broad guarantee for religious pluralism, its concrete implementation seemed to contradict this potential. The article examines how the modern, narrative conception of this principle continues to influence-and hinder-the constitutional dimension of secularity by undermining the integrative function performed by this fundamental principle.

Re-thinking social inclusion in the sustainability’s perspective

ABSTRACT: This essay critically discusses some theoretical problems related to the relationship between social inclusion and sustainability. In particular, it highlights that this is a two-way relationship that takes place within the representation of a concrete universal. The reflection is divided into three moments: first, the concept of sustainability is investigated in relation to the idea of future and then the concept of inclusion is investigated in relation to both identity and participation.

SOMMARIO: 1. Premessa - 2. Un futuro possibile, un futuro in comune - 3. Inclusione e identità - 4. Inclusione e partecipazione.

The protection of human life “at sunset”, between law and freedom of conscience

ABSTRACT: The paper proposes to suggest to the Italian legislator, which must further intervene on the matter of the end of life, and has also been solicited by the Constitutional Court, some methods that can allow a synthesis between the different conflicting ethical and political positions that animate the debate on life and human dignity. It is considered appropriate that the law does not favor the ad libitum exercise of the freedom of self-determination in end-of-life choices, and that the most suitable category for orienting the balance between equality and freedom of self-determination according to dignity must be solidarity, which makes a person that is all the more alive and human the more he is inserted into a civil and supportive society.

SOMMARIO: 1. Il biodiritto tra posizioni etiche e politiche contrastanti - 2. Il consenso-informato e le disposizioni anticipate di trattamento - 3. Il suicidio assistito: un eccessivo diritto giurisprudenziale? - 4. La sterile contrapposizione tra autodeterminazione solipsistica e solidarietà sociale - 5. Le cure palliative - 6. La laicità procedurale nella giuridificazione delle scelte di fine-vita - 7. L’esperienza del diritto ecclesiastico a servizio del biodiritto.

Fifty years after the conference in which Law and Religion Scholars held a dialogue with Constitutional Scholars in Siena, central issues of that discussion are recalled, and those of a future debate are envisaged, with the hope that both disciplines might benefit from it