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Sources juridiques

The Constitution provides for freedom of conscience and belief in the Art. 41 (hereafter : the right to religious freedom). It broadly protects the freedom of self-definition and it refers not only to religious beliefs but also to moral, philosophical and other worldviews. This article gives the assurance of freedom of conscience (the positive entitlement), the right of a person to have no religious or other beliefs, or not to manifest such beliefs (the negative entitlement), and the right of parents to determine their children’s upbringing in the area of freedom of conscience. Art. 41 of the Constitution also refers to other constitutional rights, such as the right to personal dignity and safety (Art. 34 of the Constitution), the protection of the right to privacy and personality rights (Art. 35 of the Constitution), the protection of personal data (Art. 38 of the Constitution), the freedom of expression (Art. 39 of the Constitution), the right of assembly and association (Art. 42 of the Constitution), the right to conscientious objection (Article 46 of the Constitution) and the rights and duties of parents (Art. 54 of the Constitution).
The general position of Churches and other religious communities is regulated by the Art. 7 of the Constitution, which comprises : (1) the principle of separation of the state and religious communities, (2) the principle of equality among religious communities, and (3) the principle of free activity (autonomy) of religious communities within the legal order.

In February 2007 the National Assembly of the Republic of Slovenia enacted a new Religious Freedom Act (hereafter : the RFA), which regulates the implementation of constitutional provisions on religious freedom. The RFA also determines the legal status of churches and other religious communities, their register, their rights, and conditions and procedures for their registration. The RFA entered into force on 3 March 2007, and has started to be entirely applied on 3 June 2007.

D 3 octobre 2012    ABlaž Ivanc

CNRS Unistra Dres Gsrl

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