Interpretacja zasady poszanowania praw człowieka dokonana w deklaracji Dignitatis humanae

Abstract

The content of the Declaration Dignitatis humanae proclaimed by the Second Vatican Council, and the discussions, whioh preceded the final compromise between the supporters and the opponents of the religious liberty principle, shows the extent and degree of the official catholic affirmation of human rights in this field. Religious liberty, as recognized by this document, is exclusively external, concerna civil and social level only. The Catholic Church still does not recognize the moral, internai freedom of conscience. For this reason, it disassociates itself from the article 18 of the Universal Declaration of Human Rights though this article has been previously supported by the World Council of Churches. The Vatican Declaration is therefore conservative in its restrictions, but in substantial Statements it accepts a general juridical base, founded on human rights, for the motivation of legal status of the religious communities in public order. Up to now, the Catholic Church considered exclusively itself, as a societas iuridice perfecta, such as a State. This traditional concept, is a relict of the so called Constantine Era, now in Declarat’on Dignitatis humanae gradually substituted by other motivation, based on generally recognized principies of the equality and non discrimination in juridical status of every religious communities. These new principies, founded on human rights, oblige the Catholic Church to the more effective and explicit respect of the fundamental human rights in relations Ecclesia ad intra, as well as ad extra. The Vatican Declaration on Religious Liberty however, in many parts conservative, contains these progressive éléments, significant in historical perspective. The medieval principle, so called cura religionis, was replaced in this Declaration by cura libertatis religionis. There is an important évolution from the principle curam religionis agere. Within the frames if this principle, the Catholic Church historically accepted the model of a Christian State. But now, on the basis of principle cura libertatis religionis, even the récognition of a Secular State is possible, providing the religious liberty should be respected by such a State. In this aspect, the Vatican Declaration has an important meaning in relations between Catholic Church and Socialist States in Eastern Europe. Considering that the human rights are the bases determining the Church — State relations, there is a chance to eliminate the conflicts between these both sides. Simply for this reason that the Church and State are interested in human rights. The human rights principle is a general standard for Church — State relations, but details can be agreed upon by concordats or other forms. The concordats in this concept will be rather subsidiary agreements. Previously the concordats often served to formulate a privileged position of the Roman Catholic Church, causing the différences in juridical position and factual situation of other churches in the same State. Actually, the role of the concordats is diminishing. Their role in fundamental questions has been replaced by the general principle of non discrimination in religious matters, i.e. the principle of human rights. The révision of the foundations of the juridical position of the Church will be helpful in the ecumenical dialogue, and dialogue with non Christian religions. The uniformity of justification of the position of churches in public law sphere is a useful contribution to the consolidation of the universal human family. The juridical and doctrinal motivation of the Declaration Dignitatis humanae is founded on the ecclesiastical interprétation of the natural law.