V Seminario sui Fondamenti del Diritto Europeo "La libertà di coscienza" LUMSA 15 ottobre 2013

The theme of freedom of conscience is discussed not only in terms of European law, but also of Italian constitutional and administrative law. The general principles of the provisions of the European Convention of Human Rights are examined with reference to constitutional parameters and the content r...

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Bibliographic Details
Main Author: Palmieri Sandulli, Gabriella (Author)
Format: Print Article
Language:Italian
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Published: Mucchi 2014
In: Archivio giuridico Filippo Serafini
Year: 2014, Volume: 234, Issue: 3, Pages: 287-317
Standardized Subjects / Keyword chains:B Liberty of conscience / Religious freedom / Constitution / Italy / Classroom crucifix / Insemination / Same-sex marriage
IxTheo Classification:KBJ Italy
SA Church law; state-church law
XA Law
Description
Summary:The theme of freedom of conscience is discussed not only in terms of European law, but also of Italian constitutional and administrative law. The general principles of the provisions of the European Convention of Human Rights are examined with reference to constitutional parameters and the content regarding the protection of religious freedom in the context of the Italian Constitution, and with reference to the Recommendation dated 13 June 2013 of the European Parliament; attention is given to the question of crucifixes in schools, ruled by the Grand Chamber of the European Court of Human Rights with the sentence of 18 March 2011; to issues relating to Law no. 40/2004 on the theme of artificial insemination; and to the issue of marriage between persons of the same gender. In conclusion, two points for reflection arise: 1) regarding the identification of limits in the regulatory action of States on ethically sensitive and socially significant issues; 2) regarding the “margin of appreciation” of the State with reference to national sovereignty and on the effects of membership of the European Union.
ISSN:0391-5646
Contains:In: Archivio giuridico Filippo Serafini