Quaderno monografico n. 2FRANCESCA GRAZIANI Freedom of religion and margin of appreciation in the decisions of the European Court of Human Rights and the UN Committee on Human Rightsabstract Concerning the right to manifest one’s religion, unlike the European Court of Human Rights, the UN Committee on Human Rights does not give States a margin of appreciation in the fulfilment of Article 18 of the Covenant on Civil and Political Rights. Differences in “case law” entail risks of double standards of protection and weaken the authority of the two human rights supervisory bodies. The article therefore highlights the strengths and weaknesses of the decisions of the European Court and of the UN Committee and the lessons they could learn from each other.
MISCELLANYGIULIO DONZELLI Nomofilachia in the thought of Piero Calamandrei
ABSTRACT
The article deals with the relationship between religion and public power in the Italian Constitution. Like in all the other Western democracies, the Italian Constitution sanctions the separation between the two, but at the same time gives ample guarantee to religious freedom and significant space to the role of religion in the public sphere. The paper tackles the problem of the transformation of the Italian model by case-law towards an approach similar to that of the French legal system, highlighting the risks associated with such an approach.
KEYWORDS
Religion – Public Power – Italian Constitution – Separation Between State and Church – Crucifix
