Interfacing the protection and promotion of human dignity with the religious identity of groups and organizations, in the light of the new relationship between public law and private law: towards a different balance?
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Abstract
The contribution examines the present situation and the new potential perspectives in protecting and promoting human dignity when it interfere with the right of the religious groups - and the groups which are characterized by a determinative religious tendency - to safeguard their identity. Starting from the examination of the constitutional terms of the relationship between the various dimensions of religious freedom, it focuses on some specific cases involving this relationship, and more especially on the case of education. The Author points out how the new importance of confessional and private schools - and, amply, the public acknowledgment of the groups of the so-called «privato sociale», due to the affirmation of the principle of subsidiarity - could represent a good chance to bring that groups to a spontaneous and stronger protection of the needs of human dignity.
Keywords
- Human dignity - Religious identity - Religious groups and organizations - Public law - Private law - Subsidiarity