Obecność symboli religijnych w przestrzeni publicznej w Republice Włoskiej

Abstract

The issue of wearing of religious symbols by employees in the workplace and manifestation of their affiliation calls for an assessment of situations and circumstances. The case laws of the Court speak of the principle of proportionality – whether there is a balance between the manifestation of their religion and, for example, the image of the workplace and the need to keep safety rules. Religious freedom must be respected in the workplace, but only to the extent that it does not violate the rights of others. Strasbourg judicial decision was also called upon to settle the cases in which a given state uses religious symbolism. The manifestation of such an attitude by the state exposes it to be called “confessional state” and to the charge of undermining the principle of worldview neutrality. However, finding a solution to the problem is complex, and also consists in the recognition by the Court of a wide margin of discretion, appurtenant to the Member States in matters of religion. Each state, when formulating the principle of secularism or lack of religious beliefs of the state, must combine them with distinctive national traditions and create its own model, which can be difficult or even impossible to transfer to another country. The European Court of Human Rights seeks solutions that could meet the criteria and be implemented in all countries. However, the diversity of religious traditions of the Member States does not allow to draw conclusions common to the whole European community.