ESCLUSIONE E RECESSO DALLA COMUNITÀ RELIGIOSA. IDENTITÀ E TUTELA DEI DIRITTI
Exclusion and Resignation from the Religious Community. Identity and Protection of Rights

Summary/Abstract: In relations between the individual believer and the religious community to which he or she belongs, the voluntary or coercive nature of the expulsion gives rise to some more general reflections on the protection of the rights and freedoms of the parties. On the one hand, the individual’s self-determination to leave the group corresponds to the full exercise of his right to religious freedom. On the other hand, the community’s interest in intervening against believers who deviate from community rules corresponds to the need to preserve their ethical-religious identity in common life. The contribution proposes to examine the possible operation of instruments to protect the rights of the faithful within state legal systems, characterised by a separation between the ‘spiritual order’ and the ‘secular order’ that legitimises the exercise of disciplinary power by confessional organisations, with the consequent possible imposition of sanctions capable of affecting the enjoyment and subjective rights inherent to freedom of worship and other fundamental aspects of the individual’s personality.

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