by Maria Cristina Ivaldi
Preliminary remarks about French secularism
The Law of 9 December 1905 established the State separation from the churches, excluding state funding of faith-based organizations. This system of secularism since the 1946 Constitution has assumed the specific form of French laïcité. It is a system which appears to be characterized on the one hand by the affirmation of the principle of strict neutrality of public institutions and on the other hand by the recognition of the religious freedom of individuals which, over time, has been posed limits, especially in terms of external manifestations. Furthermore, there are no special relationships between the State and the different religious institutions.
The Coronavirus pandemic has generated an unprecedented health emergency, that has severely affected our daily lives. Government “alarmed” responses, aimed at limiting the devastating impact of the health crisis “have led to a resurgence of authoritarianism, particularly in Western democracies,” resulting in unimaginable restrictions of fundamental rights and liberties. In this framework, the pandemic has had serious implications on religious freedom, as measures restricting gatherings have deeply affected faith communities’ practices and rituals.
Undoubtedly, in a first phase, the pressing need to safeguard the compelling interests of public health and safety prevailed. However, the pandemic has also emphasized the crucial interplay between competing rights and the courts have often had the difficult task of reaching a reasonable balance between the conflicting claims of individual liberty and preservation of healt.
In the U.S. context, state restrictions on religious freedom claims have been fiercely litigated during the lockdown, resulting in complex dynamics between state governors, federal courts and the US Department of Justice.
by Marco Gensini, Roberto Minganti, Enza Pellecchia
All Buddhist traditions, including that of the Soka Gakkai, derive from the historical Buddha, Shakyamuni. After enlightening himself to the Mystic Law, Shakyamuni decided to share this wisdom with all people. The central message of his teachings – set forth definitively in the Lotus Sutra – can be summarized in the principle that Buddhahood is a condition of absolute happiness inherent in every living being. Soka Gakkai Buddhism is based on the teachings of The Buddha Nichiren Daishonin (1222-1282), and consists of the daily recitation of “Nam-myoho-renge- kyo” (the Mystic Law) and the reading of the Hoben and Juryo chapters of the Lotus Sutra. The Lotus Sutra states that human beings – regardless of gender, individual abilities and social condition – are all potentially Buddha, endowed with compassion, wisdom and courage and therefore worthy of the utmost respect.
Nella nostra veste di professori e ricercatori di diritto e religione nelle università statali, costituiti nel gruppo di ricerca “DiReSom” – che nel corso di questa pandemia ha attivato il primo portale web internazionale su diritto, religione e coronavirus (www.diresom.net) – sottoponiamo al Governo italiano e alle istituzioni confessionali un secondo contributo alla riflessione circa la possibilità di consentire le celebrazioni dei culti religiosi, nel rispetto delle misura necessarie per prevenire il contagio del virus Sars-Cov-2, causa della malattia Covid-19. Il Dpcm 13 ottobre 2020 ha aggiornato le misure di contenimento del contagio attraverso la posizione sia di regole in senso stretto, sia di alcune raccomandazioni, volte nel loro complesso a prevenire la sospensione di alcuni diritti fondamentali, che ha purtroppo caratterizzato i provvedimenti delle c.d. «Fase 1» e «Fase 2».
The purpose of this virtual conference was to provide an opportunity for thoughtful reflection on the implications for law and religion in the United States of the coronavirus pandemic, as well as the economic and racial justice crises, from our current perspectives approximately six months into the crisis. This virtual conference was held October 2nd, …
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https://www.mdpi.com/journal/laws/special_issues/religious_freedom Special Issue Editor Prof. Adelaide MaderaWebsiteGuest EditorDepartment of Law, University Of Messina, 98122 Messina, ItalyInterests: canon law, law and religion Special Issue Information Dear Colleagues, The so-called lockdown, imposed to restrain (or at least limit) the spread of COVID-19, had an overwhelming impact not only on our personal lives, but also on the exercise of …
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by Rosa Geraci
The Coronavirus emergency has led the Government and local authorities to adopt measures restricting religious freedom. The Ordinances and Decree-Laws of recent weeks have actually ordered the suspension of collective rites and worship and the limitation of access to sacred places, in order to deal with the emergency situation and protect the health of citizens. The state of major emergency has forced the Government to take some specific measures, which obviously must be proportional and appropriate to the risk, including the suspension of civil and religious ceremonies and the limitation on entering places of worship.
“Followers of Judaism in our country deeply respect the invaluable historical and spiritual heritage of their ancestors, and carefully pass on their ancient, distinctive religious and cultural traditions from generation to generation. Rosh Hashanah, the Jewish New Year, is rightfully considered one of the most important occasions in the life of the Jewish community. On these days, people look back on the path travelled and make plans for the future. They aspire to purity of thoughts and deeds, and help others.
by Caterina Gagliardi
The Covid-19 approach to the health emergency of Muslim countries may prove to be of considerable interest if one considers their specific social and legal connotations. For this reason, even though without any pretension of exhaustiveness, the following analysis proposes, on the one side, to understand to what extent the governmental dynamics of prevention of contagion – some of which are still in progress – have affected the systems of guarantee of liberties and fundamental rights; on the other side, it is intended to verify what has been the role of the Islamic religion in the process of adoption of the institutional responses to the crisis.