Ddl Zan, the jurist Mirabelli: “School and freedom of opinion, the points to be corrected”

Ddl Zan, the jurist Mirabelli: “School and freedom of opinion, the points to be corrected”
Ddl Zan, the jurist Mirabelli: “School and freedom of opinion, the points to be corrected”

“We need to get out of the fans and work towards the right synthesis”. Cesare Mirabelli, 78, former president of the Constitutional Court and vice-president of the CSM, today general councilor of the Pontifical Commission for the Vatican State (the highest office a lay person can hold Oltretevere), appreciates the words of Mario Draghi in the Senate on the Zan bill and hopes that the story will find a quick settlement. President, with the ear of the jurist, how do you judge the premier’s dry intervention on the law against homotransphobia? “The enunciation of the secular nature of the State and the freedom of Parliament to discuss and legislate underlines the need …

“We need to get out of the fans and work towards the right synthesis”. Cesare Mirabelli, 78 years old, former president of the Constitutional Court and vice-president of the CSM, today general councilor of the Pontifical Commission for the Vatican State (the highest office a lay person can hold over the Tiber), appreciates the words of Mario Draghi in the Senate on the Zan bill and hopes that the story finds a quick settlement.

President, with the ear of the jurist, how do you judge the premier’s dry intervention on the law against homotransphobia?

“The enunciation of the secular state and the freedom of Parliament to discuss and legislate underlines the need for a constructive democratic confrontation. At the same time, the underlining that” our system contains all the guarantees to verify that our laws always respect the constitutional principles and international commitments, including the Concordat with the Church “, sounds like an invitation and a warning to ensure the highest legal quality of the provision”.

The Vatican note verbale on the Zan bill is read as an interference. Does it risk polarizing the discussion even more or can it surprisingly favor it?

“In diplomacy, the verbal note is a legitimate tool: it is not an obstacle or interference, but an invitation to reflect, in this case between the signatories of the Concordat. The Holy See makes known how it thinks. It is the exact opposite of a threat or a clash. Silence and perhaps a subsequent conflict would have been much worse. Let us not forget that the Parliament legislates in compliance with the Constitution, and therefore also with the constraints deriving from the community order and international obligations, including for precisely the Concordat “.

Legally, what are the critical points?

“Articles 4 and 7 of the provision. Article 4, because it risks not effectively ensuring freedom of expression on issues in which, without prejudice to respect for the dignity of persons – of all persons -, every opinion is legitimate. 7, because it does not guarantee the freedom of schools in the Catholic area to support the pedagogical values ​​of reference while having to educate in tolerance and respect for the dignity of all. In practice, other models could be imposed “.

Take an example.

“Those who recognize themselves in certain values ​​cannot be forced, through the law against homotransphobia, to adhere in fact to gender theories. Instead, with the current formulation, a university that adopted its own bioethics text could find itself exposed a criminal complaint, as someone has already announced “.

In this battle for the rights of all, does the Church not risk appearing in the rear?

“On the contrary. As a jurist, the position expressed seems to me to be at the service of the highest protection of personal freedoms, far beyond any confessional interest. Here, in fact, the condemnation of violent and discriminatory acts – in any field – is not in question. the absolute vagueness of evaluating the relationship between cultural or religious positions and any subsequent discriminatory acts “.

How does it come out?

“Criminally sanctioning only opinions aimed at provoking violent acts against the categories that the Zan bill aims to protect”.

L, G, B, T … Everyone (or almost) has their own letter

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