SILVIO FERRARI

Religion and the Public Sphere in the European Legal Systems

Religion in the European legal systems: a visible, State supported presence (teaching religion at school, public financing of religions, etc.)Elements of change: increasing number of European members of no religion: advocating a neutral public sphere increasing number of European members of new religions: advocating a plural public sphereSome mainstream religions opposing both neutral and plural public sphere

CHANGES

PATTERNS

Three patterns of ownership of the public sphere The traditional religion: Italy and the crucifix at

school Secularism: France and the ban of burqa Human rights: UK and the State definition of who

is a Jew… and their weak points

STRATEGIES

The transformation of the European public sphere Ethical, cultural, religious, ethnic pluralization De - privatization of religion (against Gentili’s

“silete theologi in munere alieno”)The context: fear of the decline of Europe. The

future is no more here.Remedies: confining more firmly religion in the

private sphere, giving the traditional religion the monopoly of public sphere (or both at the same time: Sarkozy’s France). Examples

What to do? 1A better distinction between common space (streets, squares, etc.): physical

and inescapable. Accessibility and ban of burqa public space (media, Hyde Park Corner, etc.):

metaphorical and voluntary. The space of discussion; freedom and ban of students’ religious symbols

institutional space (courts, public administration, etc.). The space of decisions binding on all: fairness and impartiality (the crucifix in the court rooms)

What to do? 2

Fairness and impartiality only through exclusion of religion? Exploring the possibilities of an inclusive neutrality (oaths, marriages, etc.)

Different European paths toward a common goal?