L’influenza del diritto internazionale sulla tutela costituzionale della libertà di religione in Italia

This chapter aims to investigate the influence of international law on the constitutional protection of religious freedom in Italy. Religious freedom has historically played a decisive role in the evolution of rights protection; therefore the regulation of the religious phenomenon is suitable to a multilevel protection having effects on constitutional protection. The essay examines in particular the two areas of greatest influence of international law on religious freedom: the relationship between Italy and the Holy See and the human rights protection. Accordingly, the slow affirmation of the principle of secularism in Italy will be addressed. The analysis carried out on both the relationship between the State and the Catholic Church and the legal issues related to the exposition of religious symbols highlights how international law has played a secondary role. The same holds true also as regards the constitutional protection of religious freedom. As a consequence, the right to religious freedom has developed autonomously from freedom of conscience and has favoured relations between the state and religious confessions. In the end, international law (above all European law) could not influence the secularization process of Italian constitutional law. That has evidently affected the implementation of the principle of equality beyond religious barriers.