Carlo Cardia

A dialogue: organizations, religious institutions and individual rights. First voice

  • Abstract

Informations and abstract

Keywords: Institutions closed and open - Case law - Bond of loyalty - Right to identity of the institution.

This article examines the evolution of ideological organizations (i.e. «organizzazioni di tendenza»), which became closed institutions to open institutions. Today, even in political parties, trade unions, newspapers, dissent is not uncommon and transition from one structure to another is not easy. In the case of religious institutions the transformation is limited, because they must protect their identity more than others to ensure the right to belong of the members. A judgment of the Supreme Court in 1994, has made a significant breakthrough; it has denied that one can ask the membership of total employees to the values and principles of the institution (school, university, religious body). It is understood, however the bond of loyalty to the behaviors that involve the identity of the institution, which may not be violated by specific acts. This change resulted in a case law not yet balanced, sometimes the judgments on individual cases seem to protect individual rights more than the right to identity of the institution.

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