solidarity

Coscienza e diritti. I comportamenti obiettori tra libertà e solidarietà: il caso delle unioni omosessuali

Conscientious objections against same sex unions raise
delicate issues concerning the relation between freedom of conscience and religion and
the prohibition of discrimination on grounds of sexual orientation. The Chapter analyzes
the main international and comparative experiences concerning conscientious objection
to same sex unions, focusing more in detail on the US and UK experience, as
well as on ECtHR case law and the main cases decided in other European countries.

Constitutional Axiology and Party Autonomy

The Italian Constitution is based on strong values of personalism and solidarity. As
a matter of fact, autonomy, freedom and right of self-determination are not absolute
values, but values among other values. The contract, as source of rules governing economic
relations, should be subjected to a test of worthiness (meritevolezza) according to the
constitutional values where principle of party autonomy is combined with good faith
principle.

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