Abstract

AGUIRRE, Javier  and  PERALTA, Carlos Andrés. Colombian Political Constitution and Religious Conflicts: An Analysis of the Scholarly Discussion on the Laicism of the Colombian State. Rev. Derecho Estado [online]. 2021, n.50, pp.135-164.  Epub Mar 04, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n50.06.

The text conceptually reconstructs the different scholarly positions on the nature of the secularity of the Colombian State. Our research found four dominant thesis on the subject. The first one follows Colombian Constitutional Court and asserts the conception of Colombia as a secular state. The second one conceives the State as nondenominational or as a State with a positive secularity, that is, one that promotes the various religious manifestations, without officially adopting one of them. A third position argues that Colombia is not a true secular state, but a multifaith state with religious freedom. This means that Colombian State has not fully developed the defining principles of secularity: neutrality and separation. Finally, the fourth thesis also denies secularity as a founding principle of the Colombian State and, in contrast, defends a notion of a theistic and illustrated state. The conceptual reconstruction is aimed at showing how, since the Political Constitution of 1991, a doctrinal conflict has developed on the issue as a product of a social conflict of great complexity that must be acknowledged.

Keywords : Freedom of religion; secular State; laicity; public sphere; religion; Political Constitution.

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