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Corso di Laurea magistrale (ordinamento ex D. M. 270/2004) in Relazioni Internazionali Comparate International Relations Tesi di Laurea La libertà religiosa e la diversità culturale islamica: limiti e sfide in Italia Un approfondimento sulla realtà del Trentino Alto Adige Relatrice Ch. Prof.ssa Sara De Vido Correlatori Ch. Prof. Fabrizio Marrella Ch. Prof. Marco Salati Laureanda Susanna Polli Matricola 817491 Anno Accademico 2012 / 2013 Alla mia famiglia INDICE Abstract Introduzione pag. 5 Capitolo Primo: La comunità arabo-musulmana in Italia 1. Premessa 10 2. La distribuzione sul territorio italiano 13 3. L’evoluzione dei rapporti tra comunità e Stato italiano 15 4. Le associazioni religiose e le Bozze di intesa con lo Stato italiano 26 5. Conclusioni: la difficile integrazione 36 Capitolo Secondo: Il diritto alla libertà religiosa 1. La libertà religiosa nel diritto internazionale 42 2. La diversità culturale e i diritti dell’uomo nell’islam 52 3. La libertà religiosa nella Convenzione Europea dei Diritti dell’Uomo 59 4. La libertà religiosa in Italia 64 Capitolo Terzo: Il diritto a manifestare le proprie convinzioni: i simboli religiosi e il velo islamico 1. La richiesta di un “nuovo” diritto: alla diversità culturale 72 2. Il velo islamico all’esame della Corte europea dei Diritti dell’Uomo 75 3. Esperienze nazionali 85 4. La realtà italiana, tra tolleranza ed indecisione 91 5. Conclusioni: il necessario dialogo interculturale 98 Capitolo Quarto: La libertà religiosa e l’osservanza della preghiera islamica a scuola e al lavoro 1. Le prescrizioni islamiche 101 2. La libertà religiosa e il diritto alla festività religiosa 106 3. Le esperienze europee 109 4. La normativa italiana in relazione alla realtà arabo-musulmana 119 5. Alcune ipotesi risolutive 122 6. Conclusioni: se gli accordi non dovessero bastare 126 Capitolo Quinto: Case study: L’esperienza del Trentino Alto Adige nei confronti della diversità culturale islamica 1. Premessa: la realtà trentina 130 2. Premessa: la realtà altoatesina 134 3. La questione dei simboli religiosi 135 4. La questione delle pratiche religiose 140 5. Conclusioni: l’integrazione è un impegno di tutti 143 Conclusione 145 Bibliografia 158 Sitografia 165 Freedom of religion and Islamic cultural diversity: limits and challenges in Italy. A focus on the Trentino Alto Adige reality This dissertation considers the set of problems and challenges that connect the freedom of religion to the Islamic cultural diversity, with a particular focus on Italy’s reality. The new socio-political world-order is characterized by a wide cultural plurality, thanks to an increasing migratory process. Therefore, it is really important to understand the value of the freedom of religion and the significance of cultural diversity. These two concepts are intertwined in particular circumstances, such as that of a democratic and secular country. This is the case of European countries which can not deprive themselves of their fundamental values, but, at the same time, they have to protect the human rights of every single person. Analyzing Islam, it has to be said that it is not just a religion, but it is a set of moral, religious, social and legal codes that governs the entire life of the Muslims. Accordingly, some Islamic principles are not in compliance with the values declared by the Western countries where a considerable Muslim community lives. Given that the right to freedom of religion is one of the universal human rights, it is one of the bedrocks of the European Union and of democracy, and it is defended by the European and the Italian legal order, it has inevitably to face the Islamic challenge, in particular as far as religious practices are concerned. Some of the Islamic practices have already been studied, for example some experiences on the ritual slaughtering already exist and some limited others on the marriage; therefore, it is sufficient to adopt similar measures. On the contrary, as regards to some other subjects, an uniform trend has not yet been developed. Indeed, the countries handle the question of the religious expression in a different manner. That is the case of the rule of Islamic veil, and in general that of the religious symbols, or the case of religious worship and feasts’ respect at schools or in places of work. Through the reading and the interpretation of some judgments and some decisions of specific cases, the presentation tries to analyze these issues and to give some possible solutions. Many are the countries involved by strong migratory flow, and different are the reactions and the behaviors towards the Islamic community. At a late time, Italy has experienced its first migratory flow and it has not yet dealt with some questions; in other European countries, where there is an older migration, the same issues have been examined. The elements that characterize this country give rise to a rather particular experience; thus, a first analysis of the specific factors of the Italian reality helps to compare the Italian decisions with those of other countries. The Arab-Muslim component is strongly various, it has not a clear and uniform representation; furthermore, in Italy there is not a political awareness of the migratory phenomenon and of the Islamic specificities and requests and the norms on freedom of religion are obsolete. All these elements entail a strong 1 incomprehension between the subjects involved and a substantial incommunicability which converts in alarming signals of social dissatisfaction. However, some Italian characters can still give rise to a positive experience; in particular the Italian toleration towards the expression of the single beliefs and its specific laical structure can develop some efficient tools which can be able to formulate a constructive intercultural dialogue and well-balanced policy between the freedom of religion and the recognition of the cultural identities. The aim of the second part of the present analysis is to examine the elements that characterize the right to freedom of religion. Starting from some considerations concerning human rights, the purpose is to underline the historic process of the human rights, the emergence and the development of the freedom of religion, and to examine the expression of this right in different legal instruments. In particular, it is mentioned article number 18 of the Universal Declaration of Human Rights, a not-binding act, that has however a great symbolic value. Furthermore, article 18 of the New York’s International Covenant on Civil and Political Rights, is deeply analyzed, thanks to the General Comment number 22 by the Human Rights Committee. The expression of the same right in article number 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is fundamental for the characterization of the freedom of religion, in particular at a regional level. Through these and other important declarations and agreements, the basis of the right to freedom of religion are fixed: the right to the freedom of religion considers the possibility to choose a religion, to adopt it, to change or to leave a belief. It is important to focus on the meaning of religion which entails every form of religiosity, theistic beliefs, atheistic and personal ones. But the right to freedom of religion envisages also the free expression of the belief, both individually and in community, either in public and in private, by means of worship, the observance of rituals, religious practices and teaching. Some restrictions are been established with regards to the right to manifest personal opinions, in the case it jeopardizes the «public safety, order, health, or morals 1» or it compromises the fundamental rights and freedoms of others. Even if the main idea of the right to freedom of religion seems clear, its application faces some difficulties with specific religious or cultural identities with particular elements of diversity. Therefore, an analysis of the idea of human rights’ universality and the stance of some Arab countries towards human rights help to draft the deep turmoil engendered by human rights themselves. The third part focuses on the right to manifest the belief, the most controversial aspect of the right to freedom of religion, because in very exceptional cases, it is conditional upon some limits. As far as the Islamic identity concerns, I analyzed two religious practices which are particularly symbolic at the Western’s eyes and well-established into the Arab-Muslim community. These practices are 1 Cit. art 18, International Covenant on Civil and Political Rights 2 the exhibition of religious symbols, specifically, the wearing of the Islamic veil, and the observance of the rituals, such as the respect of worship and feasts which may not be compatible with the school and work’s timetable. Firstly, I defined in which terms the two examined Islamic practices are considered as a free and licit expression of belief. Secondly, I let emerge the critical elements due to the practices themselves into the Western environment. Finally, I gave some national experiences and propose some possible solution. As for the wearing of the Islamic veil, the analysis focused on some judgments of the European Court of Human Rights, the views of the Human Rights Committee on a meaningful case and some given decisions rendered by national judges. Thanks to these decisions, it has been underlined the nonconformity of the reasoning. For example, the difficulties that emerged from two specific cases of the European Court of Human Rights, that of Leila Şahin versus Turkey and that of Lucia Dahlab versus Switzerland, are of various nature; however, it appears clear that there is a particular relation between the wearing of the Islamic veil and a specific conferred symbolism that proves to be not- conforming to some principles as the gender equality and the laity. The cultural diversity, expressed by the Islamic veil, results to much risky towards the democratic society.

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