Abstract

PRIETO, Vicente. Secular state and autonomy of the religious confessions. On occasion of a recent sentence of the Colombian Constitutional Court. Opin. jurid. [online]. 2015, vol.14, n.28, pp.63-77. ISSN 1692-2530.

The case law of the Constitutional Court of Colombia has consistently defended the autonomy of religious denominations, as one of the aspects of religious freedom and State's secularity. However, in a recent ruling (T-658, 2013), it was decided the reinstatement of a nun to her monastery, in order to ensure her right to a dignified life. The main problematic issues raised by the decision are: the proper respect for religious freedom and the effective autonomy of churches and religious denominations; the limits on the right to religious freedom; the role of faith-based legal systems (specifically the Canon Law) in relation to the law of the State; and how the discussed decision understands the secularity of the State. The article deals with each of these aspects and try to offer alternative criteria, consistent with religious freedom of individuals and institutions.

Keywords : freedom of religion; religious autonomy; secularity of State.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )