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CALUMET . intercultural law and humanities review
ISSN 2465-0145 (on-line)
Non credo, dunque sono. Credere e non credere, ovvero due facce della stessa medaglia, in una recente ordinanza della Cassazione
Miraglia F.
This essay examines the Italian Cassation Court Ordinance of 17 April 2020 - concerning the recognition of the right to distribute publlicity (‘propaganda’) as claimed by the UAAR (Unione degli atei e degli agnostici razionalisti/Union of Atheists and Rational Agnostics), in accordance with Article 19 of the Italian Constitution. Specifically, the municipality of Verona rejected a request made by the UAAR to post ten posters bearing the word ‘Dio’ (God), abbreviated using the letter ‘D’ and featuring a crucifix and the text, "10 million Italians live well without D. and when they are discriminated against, UAAR is by their side", because it considered the content of the communication to be harmful to all religions. The denial of the request to post was confirmed by both the Court of First Instance and by the Court of Appeal of Rome.
It is up to the Court to reaffirm the freedom of people of all faiths, regardless of denomination, including atheists or agnostics, to freely profess their beliefs; the recognition of the right to ‘freedom of conscience’ extends to atheists and agnostics, and should confer the right to distribute messages in the forms they consider to be appropriate. The essay shows how Italian jurisprudence has been slow to recognize equality between believers and non-believers. On the other hand, freedom of consciousness law – including the freedom to have no religious beliefs – has always found full and unconditional protection within national and international law. The Verona ordinance is analyzed so as to demonstrate the paradox of an ‘I without God’ in a world in which religion, if viewed in its anthropological-cultural dimension, pervades human thinking, language and law. In today's multicultural societies, it is absolutely necessary to re-evaluate the principles that are most fundamental to the Italian Constitution: secularism, equality and freedom.




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Center for Intercultural Studies Saint Louis University

Juris Diversitas

Unio - Eu Law Journal

Diritto e questioni pubbliche

Democrazia e sicurezza

Diritti Comparati

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