ABSTRACT

This study explores the conceptual evolution of secularism into a sustainable legal and political paradigm within European constitutionalism, guided by the influence of Robert Audi’s theory and the jurisprudence of the European Court of Human Rights (ECtHR). The transformation from confessional states to secular nations in Europe, marked notably by the institutional recognition of religious freedom as detailed in Article 9 of the European Convention on Human Rights, signifies a shift towards a “sustainable secularism.” This new model advocates for a dynamic balance between religious freedom, state neutrality, and social cohesion, adapting to societal changes while promoting equal respect and opportunities for all citizens, irrespective of their religious affiliations.

The study discusses the implications of sustainable secularism for the legal frameworks of European states and in the industrial relations, emphasizing the need for laws and norms to maintain neutrality and avoid favoritism towards any religion or worldview, adopting instead a governance model that integrates and respects diverse religious perspectives within public life.

Sustainable secularism, therefore, is positioned as a crucial, adaptable framework that ensures the ongoing relevance and effectiveness of secularism in contemporary society. 

It aims to uphold foundational values of freedom of conscience and equality, fostering a stable, pluralistic, and inclusive environment where diverse beliefs can coexist without competition. This framework not only prevents sectarianism but also promotes a public policy that respects individual rights and maintains formal equality, adapting to the unique requirements of different societal situations based on the principles of fundamental rights and human dignity.