Derecho y religión. Notas sobre la lectura contemporánea de la libertad religiosa en Europa

Abstract

This article reviews some seminal elements of European contemporary construction with regards to the practical meaning of religious freedom, with distinctive attention to the 2002 Report of the Human Rights Commission of the European Parliament. In contrast with the paradoxical situation produced from the confusion between laicity (laïcité) and secularism, the conditions proposed by Jürgen Habermas to structure a relationship between law and religion are explored in order to overcome its precarious condition and transitory nature, both consequences of religious freedom negative sense interpretation. © 2012.