Contenuti per la categoria: Minoranze religiose

SUMMARY: 1. Key terms and definitions - 2. Two ways to look at culturally motivated crimes: the case of the kirpan in the Italian and in the Canadian jurisprudence - 3. Moving forward: the Italian Court of Cassation n. 29613/2018 - 3.1. Cultural tests: a comparative insight - 3.2. The cultural test in the Italian judgment of 2018 - 4. Final remarks.

ABSTRACT: The aim of this article is to analyze culturally motivated crimes with a comparative focus and a case law approach. First of all, a set of definitions is given to have a common and shared understanding of the topic at stake. What is culture and what do we mean by culturally motivated crimes? Secondly, a comparative case-law study helps to focus the possible different solutions given to the cultural factor in criminal law. In fact, some legal systems -such as the Canadian one - appear to be more willing than others to make concrete accommodations of cultural differences. Lastly, the latest Italian Court of Cassation suggests a possible direction to be taken to better treat culturally motivated crimes in today’s multicultural society. What does it mean for criminal law to be culturally sensitive? How can courts take into consideration cultural factors through a proper legal method? These are the main questions on which criminal doctrine has focused its attention trying to reshape a criminal model which can be responsive to those different cultural values, needs and interests.

SOMMARIO: 1. Gli interventi contro i Testimoni di Geova nella Federazione Russa - 2. La presenza storica dei Testimoni di Geova nel Paese - 3. La libertà religiosa nella normativa dell’Unione Sovietica - 4. Le leggi sulla libertà di coscienza degli anni ’90 - 5. La legislazione “anti estremismo” e antiterrorismo - 6. Considerazioni conclusive.

“Anti-extremism” Legislation and Religious Freedom in the Russian Federation. The case of Jehovah's Witnesses

ABSTRACT: The application of "anti-extremism" legislation to minority religious groups in the Russian Federation has led to a progressive institutional tightening of the persecution and heavy discrimination, especially against Jehovah's Witnesses. Although many of these legislative instruments have existed for over a decade, the Russian government has only recently begun to use them in sustained campaigns designed to punish or exclude "non-traditional" religions and movements. In the specific case of Jehovah's Witnesses, these measures have taken on the purpose of delegitimising an entire community, solely because of the religious faith being persecuted, with accusations ranging from missionary activity to offending the religious feelings of believers. Overall, these interventions are part of a wider process of ideological control over society, aimed at curbing, if not stifling, the forces of political and religious dissent. It is well known that secularism is based on two fundamental principles: the inviolability of human rights, which constitute the prodrome of political power and therefore of the State, and, secondly, the importance of a culture and institutions that guarantee the effectiveness of pluralism. The analysis of the Russian history is, in this sense, an important perspective because it calls into question the European model of recognition and guarantee of religious pluralism.

Summary: 1. Introduction - 2. Italian legal responses to COVID-19: the Italian constitutional and legal framework on religious freedom - 3. The suspension of religious assemblies during phase one of the pandemic - 4. A “cautious resumption” of religious gatherings during the phase two in Italy - 5. U.S. legal responses to COVID-19: U.S. constitutional and legal framework about religious freedom - 6. The legal patchwork because of the pandemic - 7. Judicial balance between individual liberties and the preservation of health - 8. Litigation in lower courts about the exercise of religious freedom during Covid-19 - 9 New creative ways of worshipping in Covid-19 times: drive-in religious services - 10. Third-party burdens and the successful nondiscrimination approach - 11. Department of Justice statements - 12 Supreme Court intervention in temporary state restrictions on religious assemblies - 13. “Religious America” and “secular” Italy during Covid-19 phase one - 14. Management of religious freedom during the pandemic and the lack or presence of a statute governing religious freedom - 15. Effect of the pandemic on the question of whose religious freedom should be protected - 16. Guaranteeing a fair level of religious accommodation during a pandemic - 17. Enhanced need to balance the exercise of religious freedom with third-party harm during a pandemic - 18. Impact of the pandemic on the exercise of religious freedom in the long term.

ABSTRACT: The so-called lockdown, imposed to restrain (or at least limit) the spread of COVID-19, has, in the over four seemingly endless months since it started, had an overwhelming impact not only on our personal lives, but also on domestic regulatory frameworks. Legal systems responded individually, and with differences to the pandemic emergency, ranging from a complete interruption of the collective exercise of religious worship (Italy), to a more cautious recognition of forms of religious accommodation (United States). The present paper compares the impact of COVID-19 restrictions on the exercise of religious freedom in the United States and the Italian legal contexts, and investigates how the pandemic crisis emphasized underlying judicial, political, sociocultural, and economic challenges, giving rise to a tension between competing rights and exacerbating concerns about the “special” role of religion. As the COVID situation is changing so rapidly in the United States, in Italy, and around the world, I clarify that the information in the present paper relates at the situation as at the end of June 2020.

SOMMARIO: 1. Premessa - 2. I giudizi promossi dal TAR Lombardia. Alcune riflessioni - 3. La decisione del TAR Lombardia. La fondatezza “anticipata” - 4. Il caso davanti alla Corte costituzionale: la sentenza n. 254 del 2019 - 5. Il new deal dell’art. 19 Cost. e della laicità ”positiva” per via giurisprudenziale (costituzionale). Brevi considerazioni.

Regional Religious Building. Legal Approach to the test of (again) administrative and constitutional case-law.

ABSTRACT: This essay concerns important judgements of the Regional Administrative Court and the Italian Constitutional Court on religious freedom and places of worship.

SOMMARIO: 1. Premessa - 2. Spazio giuridico europeo e rilevanza penale della condotta - 3. Appartenenza cultural-religiosa e consapevolezza dell’agire - 4. Cultural defense e opzioni di diritto penale laico: il caso delle MGF come reato di genere - 5. Il terrorismo di ispirazione religiosa: un approccio multisettoriale per la lotta al fenomeno - 6. Brevi notazioni conclusive: mediazione interculturale e metodi di trasformative accomodation.

New Frontiers of Culturally Motivated Crimes. The Intercultural Method-Approach as a Tool to Prevent and Counter Religion-Inspired Crimes

ABSTRACT: This paper analyses the so-called culturally motivated crimes, focusing the attention on legal measures that may prevent and counter such misconducts. The Author points out some methods, such as those referring to the transformative accommodation, which may be able to solve conflicts between the need to safeguard human rights, including those related to religious freedom, and the Government's priority to protect public safety. From here stems the investigation on the so-called Islamic terrorism that, under some aspects, can be seen as a new frontier of religion-inspired crimes. This, on the other hand, suggests a multisectoral approach, which is important in order to deal with very serious threats while promoting intercultural and inter-religious integration.

SOMMARIO: 1. Il diritto Yolngu come “credenza religiosa” - 2. Tre xenonimi Yolngu dell’italiano ‘diritto’ - 2.1. ‘Rom’ - 2.2. ‘Madayin’ - 2.3. ‘Ngarra’ - 3. La “connessione” tra “diritto” e “religione” Yolngu: likan - 4. “Diritto” e “religione” Yolngu: una duplice correlazione.

“Law” and “religion” in Indigenous Australia

ABSTRACT: This work takes on the relationship between law and religion in Indigenous Australian societies, particularly focusing on Yolngu group (North-East Arnham Land). The essay aims to enlighten the nature of the “connection” between “legal” and “sacred” dimensions of Yolngu culture and cosmology, originally noted in several Australian judicial decisions and governamental reports. First, the essay undertakes a linguistic analysis of Yolngu terminology surrounding law, presenting three Yolngu terms translatable as “law” and discussing their meaning and bond with Yolngu sacred ancestors and ritual objects and ceremonies. Second, it explains the essence of the connection between law, sacred ancestors and ritual objects and ceremonies by presenting the Yolngu linguistic and conceptual category of “likan”. The article concludes that Yolngu law is a “sacred” one in at least a two-fold way: beacuse it was surrendered to humans by sacred ancestors; and since it arises from ritual objects and ceremonies.

SOMMARIO: 1. I diritti fondamentali al tempo di pandemia - 2. Il “diritto al cibo” – 3. La normativa speciale anti-epidemica sulla libertà di movimento - 4. Diritti garantiti o libertà compresse?

The religion-oriented right to food during pandemic time

ABSTRACT: In this historical period, the epidemiological emergency has prompted governments, both local and national, to issue a series of measures aimed at tackling the pandemic, with the consequent and inevitable compression of citizens' fundamental freedoms, in particular those regarding movement and religious freedom, on the base of the predominant right to health. In relation to these rights, the problem arises regarding the purchase of religiously oriented food or particular foods for people suffering from certain diseases or allergies. Is it worth to compress, in pandemic times, the fundamental freedom in the name of the predominant right to health? The right to health and the right to food should be to guarantee to all citizens, therefore also to those suffering from particular pathologies or those professing specific religious faith in such a way they are not forced to eat “harmful or impure” food for their psychophysical health.

SOMMARIO: 1. Introduzione - 2. Premessa teorica: la funzione di orientamento sociale del diritto - 2.1. Chiarezza dei messaggi normativi (a monte) - 2.2. Chiarezza dei messaggi normativi (a valle) - 3. Accomodamenti ragionevoli nel diritto antidiscriminatorio dell’Unione europea - 3.1. Perché manca una disposizione sugli accomodamenti ragionevoli basati su tutti i fattori? - 3.2. Perché ampliare la norma sugli accomodamenti ragionevoli? - 4. Dalla norma inderogabile al diversity management - 5. Ripensare il diritto antidiscriminatorio e il diversity management in una prospettiva interculturale - 6. Considerazioni conclusive.

Reasonable Accommodation Based on Religion in Law and Diversity Management

ABSTRACT: The ban on discrimination against workers grounded on religion is a fundamental principle enshrined in the European Union’s primary legislation and anti-discrimination law. However, currently, there is no binding provision at this level of legislation which imposes on employers to adopt reasonable accommodation based on this category. Many scholars promote the adoption of this measure based on religion. Still, the recent jurisprudence of the Court of Justice does not seem encouraging in this sense. In light of this situation, the article aims to investigate the reasons underlying the limitations of the hard law provisions and the implications of the shift from the level of the mandatory norm to that of policy and diversity management in accommodating religious diversity at work, with particular regard to Muslim women working in the private sector. European institutions seem to delegate the law-related function of social orientation to policy and diversity management. Various critical issues emerge from this process of de-juridification, although diversity management generates some good practices, also within the so-called Diversity Charters. With the aim to support the implementation of reasonable religion-based accommodation, this article suggests rethinking the anti-discrimination law and diversity management from an intercultural perspective.

SOMMARIO: 1. Premessa - 2. La cronaca: come sono nati i protocolli - 3. Un metodo laico.

The "Protocols for the resumption of religious ceremonies": the first signal of a new season in the Italian ecclesiastical politics

ABSTRACT: In Italy the religions have signed with the Government some protocols for the resumption of religious ceremonies after the lockdown for the Covid-19 emergency. Those protocols are an important step in the way of an effective protection of religious freedom in a pluralistic society. The protocols inaugurate a new season in the relationships between the religions and the state in Italy.

SUMMAIRE: 1. Introduction - 2. La démocratisation et l’héritage laïque - 2.1. La constitutionnalisation de la laïcité - 2.2. Une laïcité aux contours flous - 3. Ruptures et résurgence des spécificités africaines - 3.2. Réinvestissement du religieux dans l’espace public - 3.3. Références religieuses dans les nouvelles constitutions - 4. Conclusion - Références bibliographiques.

RÉSUMÉ: Alors que l’importance croissante de la religion en Afrique est un phénomène bien connu, les références religieuses dans les révisions constitutionnelles de ces dernières années est, en revanche, moins soulignée. L’héritage laïque greffé dans toutes les Constitutions d’Afrique francophone est à l’épreuve de pressantes revendications religieuses. Cette légitimation du religieux dans les chartes constitutionnelles donne lieu à son instrumentalisation par le politique et met en péril l’équilibre des forces sociales, juridiques et institutionnelles dans les pays francophones. Cette situation soulève ainsi la récurrente problématique de la réception, en Afrique, de modèles constitutionnels étrangers et plus généralement celle du statut des sources du droit en Afrique. Le rejet des modèles importés qu’on observe, sous le signe de l’authenticité africaine permettra-t-il de fonder l’État de droit sur des valeurs endogènes? Les dynamismes internes des sociétés africaines peuvent constituer des facteurs sur lesquels l’État africain peut s’appuyer pour, espérons-le, produire un modèle constitutionnel favorisant une gestion cultuelle beaucoup plus stable.