Trento: Convegno di studi “Agreement and Conventions between the State and Religious Groups. Tools and Results” (6 dicembre 2019)
Università degli Studi di Trento
Facoltà di Giurisprudenza
incontro sul tema:
Agreement and Conventions between the State and Religious Groups:Tools and Results
Contemporary society is characterized by an increasing diversity, mobility and, therefore, by fragmentation which requires forms of accommodation in order to prevent conflicts. As a consequence, legal systems are dealing with identity issues, under different perspectives: religious, cultural, linguistic and so on. Courts and Parliaments are constantly engaged in an ongoing dialogue, which involves individuals, groups, state and local institutions, as well as a variety of stakeholders. The interactions among institutions, individuals and groups result often in the provision of specific legal tools, to deal with the claims of cultural and religious identities. Legal systems provide for different “instruments”, ranging from the creation of “new” rights, to the adjustment of existing rights, to the adoption of “exemption rights”, which provide for members of cultural and/or religious groups to be exempted from general legal rules and, rather, be subject to their own special rules.
One of the sources of “special” or “new rights” is given by the agreements between the state and religious groups, which are defined in different ways: concordats, religious agreements, conventions. States provides for different kind of arrangements with religious and identity groups but, in spite of the different forms, there are some common features. First: these agreements cover the same grounds and the comparison of the solutions adopted to face similar problems is quite interesting. Second: they are expressions of a “weak” legal pluralism, which entails the idea that religious law is subject to the authority of the state. This seminar will not deal with the concept of “strong” legal pluralism, although it would be useful to collect information on the actual practices that do take place even without any formal recognition by state authorities.
The seminar will provide for an overview of the definitions and analysis of the agreements between the State and religious and identity groups, comparing some national experiences. It will focus on the special rights, with particular regard to exemption rights. Religiously based rules will be explored, as interpreted by case law, in order to contribute to the understanding of their impact on the legal systems.
6 dicembre 2019
Palazzo di Sociologia, via Verdi 26 (Trento) – Sala Professori (first floor)