I. Historical Background
With the unification of Italy (1860-1870) the relationship between the Catholic Church and the new State entered a state of crisis. A process of secularisation of institutions and public life took place in Italy opposed by the Catholic Church fearing a loss of economic power. A change of politics with the Law of Guarantees in 1871 and a more flexible attitude of Pope Leo XIII and Giovanni Giolitti could reduce the tensions. In 1922 the Fascist party came into power and tried to resolve the problems between the State and the Catholic Church. The signing of the Lateran Treaties in 1929 created the Vatican State and restored some privileges of the Church. After the end of the Second World War, a new Constitution was established in 1948. The Lateran Concordat was modified in order to be compatible with the Constitution. The 1970s and 1980s were shaped by a significant process of secularisation.
II. Social Facts
In Italy the Catholic belief is predominant. Statistics concerning the number of people practising the Catholic faith are not reliable and differ. The percentage of pupils at State schools taking Catholic religious education is more than 90%. A high percentage of Italians are baptized by the Catholic Church, whereas not more than 30% regularly attend the Sunday mass. Due to the massive immigration from North African countries, the number of Muslims has increased over the last years and is now more significant than Jehovah’s Witnesses. The group of Jews and Valdensians is very small.
III. Basic Categories of the System
The Italian system of ecclesiastical law has two main aims. The first one is to guarantee liberty and equality of the individual in religious matters. At the same time it establishes a system of cooperation between the State and the religious denominations. For historical reasons, Italian ecclesiastical law has a three-tier system. The Catholic Church plays the most important role. Other denominations have reached a special agreement with the state whereas the general law is the only way to obtain legal capacity for many denominations.
IV. Cultural and societal exercise of functions
In educational matters the importance of the Catholic Church becomes obvious. According to the agreement of Villa Madama, Catholic religious education is taught from play school until senior school. The teachers are chosen by the diocesan bishop and the costs for the religious education are paid by the State. In addition, the curriculum for Catholic religious education is made by agreement between the Minister for Public Education and the Chairman of the Italian Conference of Bishops. The other denominations, which have an agreement with the state, may send teachers of their own to the State schools. Here the costs are paid by the individual denominations.
The attendance of religious assistance of soldiers, prisoners and patients in hospitals and nursing homes by Catholic Clergy is guaranteed by the Constitution. The persons who attend the pastoral care are paid by the State, too. Other denominations can do pastoral care, too, but the costs are to be paid by themselves.
V. Legal foundations
Article 8 declares that all denominations are equally free before the law. They are only bound by the Italian law. Article 7 grants the Catholic Church a special status, by stating that State and Church are both, each according to its own order, independent and sovereign.
The right of free exercise of religion is guaranteed by Article 19 of the Constitution. Article 3 affirms that all citizens are equal before the law and should not suffer disadvantages as a result of their sex, race, language, religion, political opinions or personal or social circumstances.
All citizens are allowed to object to military service or –limited to medical employees- to participate in abortions, if it contradicts their belief.
There are some problems related to religious freedom, which remain unsolved until the present day, such as the refusal of medical treatment or the refusal to work on religious holidays.