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 sphere Some 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 The traditional religion: Italy and the crucifix at school Secularism: France and the ban of burqa Secularism: France and the ban of burqa Human rights: UK and the State definition of who is a Jew 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? 1 A better distinction between common space (streets, squares, etc.): physical and inescapable. Accessibility and ban of burqa 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 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) 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?