Ecclesiastical Law: Freedom of Conscience

Topic 1: Ecclesiastical Law as a Right to Freedom of Conscience

• Study and articulation of state legal norms governing freedom of conscience, focusing on both ideological and religious freedom.
• Ideological and religious freedom are distinct yet interconnected, like two sides of the same reality.

Logical Relations Between Ideological and Religious Freedom

• Both are fundamental but independent rights, with religious freedom as a subset of ideological freedom, alongside political and trade union freedoms.
• Conscience influences actions, ideology conditioned by politics or religion, species and subspecies have distinct regulations.
• Ideological freedom governed by common law, while religious, political, and trade union freedoms have specific laws.
• Religious freedom is detailed in Organic Law of Religious Freedom (1980).
• Political freedom is the Law of Political Parties.
• Trade union freedom is the Law of Trade Unions.
• Article 16.1 of the Spanish Constitution guarantees ideological, religious, and worship freedom, reflecting the regulation of these freedoms.

Historical Connections

• Ideological and religious freedom are mutually required throughout contemporary history, cannot exist separately.
• Exercising the right to change religion is protected against coercion; essential in pre-constitutional and current stages.

State Ecclesiastical Law Concept Evolution

• Designation received in 1985, content evolution shifted focus to freedom of conscience, named "right of freedom of conscience" in other faculties.

Division of Church and State Competencies

• Initially defines the competencies of the Church and State over specific matters, establishing criteria to resolve conflicts, like marriage age.

Relationship Between Legal Systems

• State Ecclesiastical Law norms focus on relation between Church and State, with two theories.
• Positivist theories: Deny the binding legal character of the norms of religious denominations.
• Plurality of order theory (Santi Romano): Distinguishes original governance (binding through state authority) from derived governance (obligatory with state recognition).

Personalist Conception

• Transitions from religious tolerance to recognizing freedom of religion as a fundamental, individual right.
• State indirectly acknowledges rights of groups citizens belong to instrumental to individual rights fulfillment.
• e.g., prisoners retain rights to healthcare, voting, and religious freedom.

Current Perspective: State Ecclesiastical Law as Freedom of Conscience

• The central focus is freedom of conscience.
• Study: Objective (ideological and religious freedom) and subjective (freedom of conscience) viewpoint, more coherent title is "law of the 1.c"

Modern State Ecclesiastical Law Definition

• State laws protect and promote equality, ideological and religious freedom, needing 4 aspects.
• Freedom of belief: Includes the right to hold beliefs, forming opinions with protection against undue control.
• Freedom of expression: Includes expressing beliefs, sharing them through teaching and propaganda.
• Freedom of behavior: Allows acting according to beliefs, with the right to conscientious objection.
• Freedom of association: Includes joining groups to manifest beliefs, essential for complete freedom of conscience.

Conclusions

• Freedom of conscience is a fundamental right for democracy.
• It serves as the foundation for other fundamental rights.
• Norms secure a broad scope for freedom of conscience not just conflict resolution
• Shift from the institutionalist perspective to a personalist perspective in the relationship between State and religious confessions.

Models of Church-State Relations:

• Examines models of state and religious body relations.
• Neutrality is key to model classification, differentiating ideological from religion-based.

Perspectives of Ideological Neutrality

• Differentiated by pluralism and diversity, admitting various ideological options, states treat all citizens equally.
• Monist states exhibit a single official ideology, exclude and are intolerant. This ideology is imposed on all and dissent is surpressed.

Monist State Characteristics

• Dictatorial, dogmatic, claim absolute truth, suppressing dissent, dictates right, wrong, fairness, and falsehood.
• Imperative and prohibitive norms are dominant, limiting rights, few permissions.
• Single party, union identifies public/private with no room for freedom of conscience.
• Lack association right due to the State's singular idealogy. No order duality, only one State order governing all life segments.

Pluralist State

• Diversifies in pluralism, doesn't have an excluding ideology. Citizens can exercise their rights and approval comes via parliament
• There is distinction between public and private, acknowledgement, freedom, association if acting with constitutional principles.
• Diverse orders stem from State-recognized regulations for the citizen-integrated groups.
• There is state, origins and groups/secondary derivative aspects

Principle of Neutrality Perspective

• Confessional: State has a religion everyone follows, other beliefs get punished.
• Lacist: Discourages religious beliefs, hindering progress.
• Secular: Neutral to beliefs, equality is protected.

Historical Viewpoint

• Pure models are difficult to find because the historical period are always shifting, the country of Spain is a Lay Neutral State.

Identity Model

• No differentation between religious/political, leads to membership. Both help reach objectives.

Two Submodels of the Identity Model

• Theocracy (church>state)
• Cesaropapism (state>church)
• The norms are the same for the church and state so there isn't autonomy

Exclusivity Model

• Each power negates the other for goals. Powers try to remove other. L.c doesn't exist because it affects goals.

Two Submodels of the Exclusivity Model

• Secular state- persecuting
• Church excommunicating State.

Utility Model

• Two powers has separate autonomy in certain zones where they have subordination

Types of Dominance over Common Zones

• Governed by State (ex: Queen Elizabeth).
• Governed by Church (Preconstitutional).
• Confessionalism:Mixed zones, expands, approaches identity.

Confessionalism Forms

• Doctrinal: The state ensures that its people practices, and is intolerable/exlusive. They believe their ways are the truest.
• Historic-sociological: The states doesnt see any wrong beliefs and priviledges the spiritual. They help with tradition and because the beliefs are most practiced (societal).

Neutrality Model (Secular)

• No value is placed on beliefs. No legal force is given to acts under a holy text. The states will avoid discrimination and the country will be secular.

States with neutral attitude

• Protect the country from internal conflict
• Give everyone there right
• Not enforce any political decision Ex: marriage

Conclusion

• Identity: Institutionalize, with both the Government and Holy text having importance, despite citizens.
• Neutrality: Relationship becomes tailored. Basic and most important right and everyone can enforce it.

Topic 3: Immediate Background of Ecclesiastical Law

• This discusses the Constitution created in 1931.
• It goes over the prior administration.
• It is important to know: This Constitution accepts both fairness alongside being non discriminatory which protects both thought and belief.
• It can be claimed that one can accept ones own belief.
• Important: Thought, speech, teaching, meetings/gatherings etc are accepted
• It isn't new that those listed are accepted, but important to know things are given the way they should be!
• Most times, these are concepts. However, this puts things in legal form. So, they are binding to both people and authority.
• Here exists that if people feel their right is breached by another person(s) they can ask justice.
• This can be done by asking ordinary court to help.
• If the court denies or can't help in time, a agency of higher power can be turned to.
• Note, the agency helps offer protection under court.

Particularities in the Constitution

• Speech: First moment where this form is given is priority
• Belief: First moment there is a sense of obligation by the State to keep it, believing education help form free being. a. Those hired to teach: First instant they are called public worker due to work they do b. State: will make education free for all c. State: Offer the access needed to make education accessible. (i.e the BECAS program). d. Education should be for any and give 2 ways: a. Inner: Free range for teaching for the staff, ideology is free. b. Outer: State needs to teach for the public and private people.
• Meeting and Coming together: All sides should be accepted to meet. However, registration process takes place so State know the objective.
• No approval, not religious or right. When it comes of the Church: Only religious is forced in that way.
• This set to show belief in the ways of the Catholic, still other are accepted.
• Reflected in rules of the country:

Spaniards Code (1945)

• Belief in Catholicism needs to be here! Other ways accepted, but cannot be done outwardly. Bolstered in 1953.
• Agreed of 1953: Dual legal helps control holy and State. Set ways to solve issues.
• It upholds the past, stating the only form of true belief can the people follow.
• It states local law keeps to the ways if Catholicism because its laws comes from heaven.
• Stating national views must exist.
• Rules of the National Movement: Country must adhere to the word by Catholicism.

Impact because of Catholicism

• Since things are Catholic: Teaching needs to happen everywhere.
• Anything taught needs to keep to the dogma and moral set by Catholics.
• Church Recives: Has economy privileges'

1. Accepted from prices.
2. Economy help for church and clerical work which goes into other things like the common stuff

• Only Accepted: People who pray in secrecy, not outer expression.
• The council in the City helps State understand belief needs to be accepted.
• Although, Church now say its ok so long as people are under belief. This leads to conflict which needs to be changed.
• Spain notices risks in taking in right so they make changes to still put across their statement. Ex: Movement which helps accepts only what local law let them do.
• It needs to be in legal writing
• They force State to comply with catholic laws.

Topic 4: Constitution (1978) and Guidelines for State Affairs that have Religion

• Constitution that was made in 1978
• Guidelines that make the state and its religion
• Model for affair, crafted in 1978.
• 1978 Constitution is the prime of the nation. Thus anything in conflict gets removed.
• The code is crafted with a group of laws. Key ideas: a. Foundation: Ideas that must be followed. b. Guidelines: Will help with the one before it with stuff
• The constitution set major ideas that sets relation.

Guideline with State Religious Matter:

• The code of 10.1 lets people be free.
• Here that people are core the axis of law. Citizens are protagonist.
• Important right occur and make each people take lead with themselves.
• Spain law says everyone can be equal, its key that freedom exists.
• Those who come together help those with special needs.
• 20.1 the action and belief.
• People must meet a need to have these things

Idea must exist:

• Inside: Thoughts
• Outside: The way people express this

Bound!

• Bound to the right to have and need stuff. The right act as lead, must listen.

Limit!

• The 16.1 protects the State .The right must not breach the ones of others. Must adhere to what it is.

Equality

• The ones to be on the level, both needs and good way is core.
• People, Union and laws. Must respect the group.

Views!

• The 16. 3 takes in mind the views and those to follow . The union gets bases on helping this right.
• They do it since thats the obligation and belief helps hit goal. The action must not extend a lot. The state must still be in line.
• There must a limit and help reach what need. With equality must be safe.

Models from 1978 and the European Community

• Those who state core belief. It does away with the past and lets its values be free.
• People are point of main need. To the State and religious laws. The state is bound give and guard right.
• With good view this needs to exist. Spain local law has this.
• Should each be on level.

Topic 5: Statutes/Stat Law

• Talks about laws passed or joined with the nation.
• Also talks about join-international steps.
• Codes that make law are Spain are pull from a lot. Certain ones pull from local. So law is made, which are separated in main ways: a. Local: When its all done. b. Bond: Done after with beliefs. c. Those with many sides: Are born from treat and helps Spain as a whole.

Laws by Local Side

• Since code states there must Freedom- the 16.1 protects that. Here code must hold well
• In the 1980 its told should be set to law , since each belief act in these way, Spain has worked with them, aspects:
• Married that belief
• Belief based food.
• Aid to places where people work. -The way things are to to in the rule of 81.1 , should it be normal then legal won't happen

To Join belief

• Standard legal, law is set to make stuff. It just exist and Spain likes that the people are in it. As: a. Accepted by the local rule b. Has the shape

Powers

• To be accepted there way cant be those there. Must not hurt belief, keep together.
• Made that way, they still need the state
• Must have all views down
• State now works with church with these:

a. Legal b. The Way c. Economy d. Help to those in the forces They has to be not local

• Must comply due to Spain belief.