Freedom of religion in Italy

Freedom of religion in Italy is guaranteed under the 1947 constitution of the Italian Republic. Before that religious toleration was provided for by the constitution of the Kingdom of Italy which in turn derived from the Albertine Statute granted to his subjects by Carlo Alberto of the Kingdom of Sardinia in 1848, the Year of Revolutions.

History

Article 1 of the Albertine Statute identified Roman Catholicism as the single religion of state but declared that other existing confessions were tolerated in conformance with the laws.[1] This declaration led rapidly to the opening of the ghettoes and the emancipation of the Waldensians. Toleration was limited however: Article 28, while declaring that there should be a free press, stated specifically that Bibles, catechisms, liturgies and prayer books could not be printed without episcopal permission; religious propaganda was also prohibited by the state.[2] Nevertheless, in the years leading up to the unification of Italy the Kingdom of Sardinia was more tolerant than other states on the peninsula: in the Grand Duchy of Tuscany the practice of religions other than Catholicism was punishable by imprisonment or exile.[2]

The Kingdom of Italy inherited in effect the Piedmontese-Sardinian constitution and on 18 March 1871 a major advance in religious freedom in the country was made by an order of the day introduced by the liberal reformist Pasquale Stanislao Mancini which established that all religions should be treated equally.[2]

The Fascist period was marked by the Concordat between the state and the Catholic Church, known as the Lateran treaty of 1929. Other Christian denominations and other religions, however, faced renewed repression. In 1935 the Pentecostals were declared prejudicial to the integrity of the race. Salvationists and Jehova’s Witnesses, as well as the Pentecostals were liable to imprisonment or exile while other minority Christian groups faced notable restrictions.[2] Although antisemitism was not embedded in Italian Fascism from the start, in the Nazi manner, repression of Italian Jews became severe in the 1930s with the enactment of the Italian Racial Laws. In the latter stages of the Second World War, in particular during the period of the Italian Social Republic and German occupation of much of the peninsula, many Jews were deported to the Nazi death camps.

The 1947 Constitution of the Italian Republic enshrined religious freedoms in passages including the following:

All citizens have equal social dignity and are equal before the law, without distinction of […], religion [….] (Article 3)
All religious confessions are equally free before the law. (Article 8)
All have the right to profess freely their own religious faith in whatever form […], provided that the rites are not contrary to morality. (Article 19)

Various laws enacted during the Fascist period remained in force, however, and a number of trials took place involving Pentecostals and Jehova’s Witnesses. This changed in 1955 with the advent of the Constitutional Court which abolished or modified legislation on relevant matters which it found inconsistent with the constitutional guarantees of religious freedom.[2]

In 1984, following a revised accord with the Vatican, Catholicism lost its status as the official religion of the Italian state.[3]

Controversy however remains, particularly abroad, over certain Fascist-era laws that are still in force and that have not been declared unconstitutional. In 2009 the European Court of Human Rights, in a case brought by an Italian mother who wanted her children to have a secular education, ruled against the display of crucifixes in the classrooms of Italian state schools. It found that ‘The compulsory display of a symbol of a given confession in premises used by the public authorities… restricted the right of parents to educate their children in conformity with their convictions’ and that it restricted the ‘right of children to believe or not to believe’.[3] This ruling was in marked contrast with the position of the Italian courts that had ruled in 2005 that crucifixes were allowed to be present in polling stations and, in 2006, that display of crucifixes in state schools was allowed on the basis that the crucifix symbolised core Italian social values.[4] However, this may be perceived as an imposition to the ones who practise in their own right a different religion or align with a different faith.

Freedom of religion in Italy today

Italy is a predominantly Roman Catholic country, with minorities of Muslims (mostly from recent immigration), Sikhs and Jews. Christian Protestants are historically few, due to a history of persecution and intolerance that has continued until modern times. A few Protestants, such as two-time Prime Minister Sidney Sonnino, have distinguished themselves.

97.67% of Italians are baptised according to the rite of the Catholic Church. According to a survey of Eurispes 2006,[5] 87.8% of the population declares itself Catholic and 36.8% practitioner. However a large percentage of Catholics do not necessarily support all the directions of the Church, as demonstrated by the referendum about divorce or abortion.

The Catholic Church was the State church until it was de facto disestablished with the 1948 Constitution, then definitely with the 1984 revision of the Lateran Treaty.

In Italy in 2006 there were 53 million Christians, 4 million Atheists and Agnostics, 1.2 million Muslims, 160,000 Buddhists, 115,000 Hindus, 70,000 Sikhs, 45,000 Jews and 15,000 Pagans.

The Catholic Church holds considerable power and has an indirect influence on most political parties. The fact that the Roman Catholic Church still has a direct influence on most political parties is object of controversy among those who favour the independence of politics. Furthermore, it is often object of criticism and reaction on behalf of those parties that hold a more liberal view around delicate matters such as abortion, euthanasia and gay marriages.

Usage of Catholic symbolism (especially crosses) in courts and schools has been contested by minorities, but was ruled legal; many contend that it is in clear violation of the principles of religious freedom outlined in the Constitution of Italy. Crucifixes and other Catholic symbols are not considered by the Supreme Court to be religious signs but cultural symbols. This decision has been disputed by those who think the crucifixes are primarily religious symbols.

See also

References and notes

  1. ↑ ‘La Religione Cattolica, Apostolica e Romana è la sola Religione dello Stato. Gli altri culti ora esistenti sono tollerati conformemente alle leggi.’ Article 1 of the Statuto albertino. Full text of the Statuto from Wikisource.
  2. 1 2 3 4 5 Domenico Maselli, ‘Breve scheda sulle Intese tra lo Stato e le Confessioni Religiose diverse dalla Cattolica’, Unione Buddhista Italiana, June 2008.
  3. 1 2 ‘Italy school crucifixes “barred”’, BBC News, 3 November 2009.
  4. ↑ Laura Barnett, ‘Freedom of Religion and Religious Symbols in the Public Sphere’, Law and Government Division of the Canadian Parliament, 2008.
  5. ↑ http://www.cesnur.org/2001/enc/aggsoc072001.htm
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