The balancing exercise, although it seems to lean towards a greater guarantee of confessional identity at the expense of individual identity, in reality denotes the indispensable correlation between the reasons and rights of the parties for the purposes of a broader guarantee of intra-confessional freedoms. The legal freedom of the religious community to take care to safeguard doctrinal uniformity within itself and the right to impose discipline and rules appropriate to that end is an essential condition for the realisation of freedom in and of the religious community. The task of state jurisdiction could, if anything, be that of verifying, if the disciplinary decision produces effects on the exercise and enjoyment of civil rights, the conformity of the religious community's exit mechanisms to the norms of due process; a verification that does not constitute interference in the internal affairs of religious denominations and that is precisely aimed at demonstrating the correct operation of the group's organs and the non-conformity with the individual believer's right to defence.
Exclusion and resignation from the religious community / Gagliardi, Caterina. - (2022). (Intervento presentato al convegno Conferenza Internazionale per l’anno 2022 organizzata dall’EUARE (European Academy for Religion), nell’ambito del Panel dal titolo: “Challenge and chance of religion diversity in multicultural societies” tenutosi a Bologna nel 20-23 giugno 2022).
Exclusion and resignation from the religious community
Caterina Gagliardi
2022
Abstract
The balancing exercise, although it seems to lean towards a greater guarantee of confessional identity at the expense of individual identity, in reality denotes the indispensable correlation between the reasons and rights of the parties for the purposes of a broader guarantee of intra-confessional freedoms. The legal freedom of the religious community to take care to safeguard doctrinal uniformity within itself and the right to impose discipline and rules appropriate to that end is an essential condition for the realisation of freedom in and of the religious community. The task of state jurisdiction could, if anything, be that of verifying, if the disciplinary decision produces effects on the exercise and enjoyment of civil rights, the conformity of the religious community's exit mechanisms to the norms of due process; a verification that does not constitute interference in the internal affairs of religious denominations and that is precisely aimed at demonstrating the correct operation of the group's organs and the non-conformity with the individual believer's right to defence.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


