Religious education, state of discomfort and minors. A comment to the judgment of the Italian Supreme Court of Cassation of 24 May 2018, n.12954
Abstract
This work has as its object the judgment of the Italian Supreme Court of Cassation of 24 may 2018, n. 12954, based on issues related to children and their religious education. Involving two separated parents and their minor daughter, the matter deals with the difficult subject of the parental agreement on their child’s education (in this instance the religious one). It analyses how legitimate the father’s behavior was to impose on his minor daughter the practice of a religion that differed from the one followed by the child’s mother and puts out especially the discomfort caused to the minor, and lamented by her, in exercising this “new” cult. The analysis leads furthermore to considering that both the choice and the practice of a religion are part of the right to religious freedom, which is protected by art. 19 of the Italian Constitution, and, consequently, that a minor child’s own right to the religious freedom is considered eligible. Moreover, it allows us to ask ourselves whether this right can still be exercised in case it enters in contrast with one or both parents’ different decision.
Keywords:
family, minor, religious education, state of discomfort, interest, religious freedom, Law on Religion, freedom of conscience and religionReferences
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University of Bari Aldo Moro,
Professore aggregato, dr, Dipartimento di Scienze Politiche, Università degli Studi di Bari “Aldo Moro”, Via Giuseppe Suppa, 9 – 70123 Bari, Italy.
https://orcid.org/0000-0002-3536-4491License
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