The Legal Treatment of Muslim Minorities in Italy: Islam and the Neutral State by Andrea Pin

Author:Andrea Pin [Pin, Andrea]
Language: eng
Format: epub
Tags: Public, Religion, Civil Rights, Political Science, Islam, Law, General
ISBN: 9781134807758
Google: gAckDwAAQBAJ
Goodreads: 35193230
Publisher: Routledge
Published: 2017-05-15T00:00:00+00:00

Chapter 6

The Italian Version of State Neutrality: “Laicità”

Introduction

The constitutional principles that govern the relationship between church, state and religious freedom are synthetically defined in Italian as “laicità”: this word has much in common with the principle of neutrality, but with some distinctive features. If properly understood, “laicità” provides a device for understanding how to accommodate Muslims in Italy. Given its legal and political meaning,1 it can successfully be used by courts as well as by political institutions. This principle offers guidance in assessing religious claims, pondering religious needs and indicating how the Italian government should approach these issues. Such relationship between state and religion, as shaped by the Italian Constitutional Court, allows for different legal regimes in an attempt to grant each religious group what it needs.2

Taken seriously, “laicità” can play a strong role either in negotiating a religion–state agreement or in drafting religious legislation. The use of the “laicità” principle can help to detect important religious claims and to balance these claims with constitutional principles. Exemptions or allowances are permitted without seeming to endanger the rights of other religious groups.3 This same “laicità” principle that should apply to Italian Muslims should also be used when considering how to best accommodate other religions in Italy as well.

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