Abstract
The recent rulings of the ECHR in Lautsi show that the European case-law regarding religious freedom is at a turning point. The contradictory rulings reveal two different paths in the future understanding of that freedom: laicism and pluralism. It is submitted that a laicist understanding implies the institutionalization of the intolerance of some minorities regarding religion, namely the religion of the majority. A pluralist understanding of religious freedom should be based on a mutual tolerance between both the majority regarding minorities and minorities regarding the majority. The use of religious symbols or the practice of religious rites of the majority's religion by public entities should be tolerated by the minorities, be they religious, anti-religious or indifferent to religion, as long as those uses and practices do not involve the imposition on them of that religion. The doctrine of the "margin of appreciation" endorsed by the ECHR allows the existence of a plurality of systems regarding the relationship between state and religion.
Original language | Portuguese |
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Title of host publication | Atas do I Colóquio Luso-Italiano sobre a Liberdade Religiosa |
Place of Publication | Coimbra |
Publisher | Edições Almedina |
Pages | 222-233 |
Number of pages | 12 |
ISBN (Print) | 9789724054247 |
Publication status | Published - 2014 |