Nr. 2/2021ANGELA IACOVINO Food religious freedom and legal protection of diversity
Nr. 2/2021FABIANO DI PRIMA Special exequatur proceeding of ecclesiastical sentences, substantive public order and religious freedom between ’ancient’ suggestions and ‘new’ issues. Points for reflections starting with Carlo E. Gabba
ABSTRACT
Recently, the Supreme Court of Cassation dealt with the protection of religious sentiment and affirmed the centrality of the protection of believers and the religious culture of the people. The judgments examined in the paper embody a correct interpretation of the constitutional provision that assigns religion a central role among social phenomena (articles 2-3-7-8-19-20 of the Constitution). In particular, with the verdict of the United Civil Sections, the Court qualified religious feeling (and therefore not only secularism) as the object of protection. With the sentence of the Third Criminal Section, the Supreme Court has instead actualized the crimes against religious sentiment. The Court qualified the turbatio sacrorum by taking into consideration the effects that such conduct produces on the religious feeling of the population. The Court of Cassation marks the way of a peaceful and fruitful coexistence between faiths: protect religious sentiment and not the claims of religious confessions. Religious feeling must be understood both as an “interest” of the parties involved and as a value to protect. Therefore, the agreed solution proposed by the Civil Cassation could ensure the shield of the “religious sentiment”. Indeed, the operational pro- tocols agreed by the parties are the cornerstones of a peaceful coexistence. In this way, is realized the true aim of the Constitution to promote religious factor as an element of cohesion and social development.
KEYWORDS
Religious freedom, secularism, religious feeling, crucifix, religious symbols, turbatio sacrorum