The Right to the “Freedom of Conscience”, Legal Basis for the Educational and Missionary Activity of Religious Denominations
The Right to the “Freedom of Conscience”, Legal Basis for the Educational and Missionary Activity of Religious Denominations

Summary/Abstract: The right to freedom of religion has its juridical basis not only in jus positivum (the written law), that is, jus civile, but also in jus divinum and jus naturale, hence the obligation of any judex to be acquainted with and apply the latter’s provisions in matter of religious faith. In order to highlight these ideas, in this study, we made express reference to the European and national legislation, on the one hand, and to the works elaborated by jurists of philosophical training, on the other hand. Among other things, subsequent to the assessment of these texts and works, an expert reader will be able to notice that the transformation of the right to religious freedom, from a simple juridical act to a state of moral consciousness, also requires an act of faith, which, in fact, provides the idea of freedom with its original ontological dimension. Our study also provides the reader with the opportunity to conclude that the right to freedom of conscience entitles any human being to make known the doctrine of his/her religion, both through missionary activities and religious education in confessional and state schools.

• Details
• Contents