Il diritto dei minori alla libertà di religione: una "protezione nella protezione"

The right of minors to religious freedom, understood as the set of international obligations imposed on States in the dual meaning – negative and positive – inherent in its realization, has been little explored by internationalist scholarship. Existing studies focus on specific themes, such as educational and scholastic choices, the relationship with majority religions and the protection of religious minorities, the display of religious symbols in public places, the use of traditional clothing, and the practice of religious initiation rites. While it is true that the State is required to take the necessary measures to ensure the exercise of religious freedom or to intervene to limit their enjoyment in the presence of higher needs, it is equally true that with reference to minors, as particularly vulnerable subjects, “protection within protection” must be provided. Such protection is part of the broader protection of freedom of religion, from which however it differs, to accommodate the specific protection needs of children and adolescents. In providing it, the importance of some general norms of international law regarding the child, manifested as specific rights of minors, should not be forgotten. These include procedural rules and relevant interpretative criteria, the best interests of the child, non-discrimination, and the importance of listening to minors.