Nr. 1/2020Giurisprudenza e legislazione Costituzionale e Comunitaria
Nr. 1/2012DOMENICO BILOTTI Functional survey on ministers of religion in the Italian legal system. Testing the legislation in force and the Agreements already approved
ABSTRACT
The order no. 7893 of Court of Cassation (lodged on April 17, 2020) stated that the right of propaganda, arising from art. 19 Const., must be acknowledged to the non-confessional philosophical convictions “on an equal footing” to the theist ones. This assumption could appear self-evident: since judgment n. 117 of 1979, the Constitutional Court had expressly brought back the protection of non-religious thought in the context of art. 19 of the Constitution. But the many still unfulfilled profiles of the right of religious freedom of non- believers and the previous degrees of judgment make this less obvious. The pronunciation is framed in the national and European jurisprudential context. Moreover we analyzed the critical issues about the criminal protection of religious feeling that undermine the strength of this pronunciation.
KEYWORDS
The Right to Atheist Propaganda, Equal treatment for all forms of religiosity, Concept of discrimination.