Multiculturalismo, libertà religiosa e norme penali

This paper analyses the role of religion and some legal matters following the protection of religious freedom in a multicultural society. In such a society one of the most relevant problems is the presence of many different religious groups, that claim for themselves an effective protection not only of human rights but also of civil liberties and collective rights. Among the rights ensured by the Italian Constitution, religious freedom (art. 19) is subject to the sole limitation of public morality (buon costume); this article points out some examples in which criminal law is used in a “symbolic” manner to establish specific rules about the exercise of religious freedom, especially when any question of public safety arises or when a non-traditional religion claims any legal request. Another important issue that this paper analyses is the recent development of criminal law, that aims to protect not any longer some particular religion - protection of religion - but religious freedom - protection from religion - (in Italy, law n. 85/2006, amending penal code). Despite these developments, criminal law and sanctions continue to be used, but this does not seem to be the right answer to the inevitables conflicts that rise in a multicultural society; it is therefore necessary to mediate with tolerance among the various interests and claims of different groups and religions.