THE LEGAL REGIME OF CONSCIENTIOUS OBJECTION IN ITALY AT THE CROSSROADS BETWEEN NEW CHALLENGES AND TRANSITIONS

In democratic and pluralist societies, although the over-expansion of conscientious claims gives rise to increasing concern, the recognition of conscientious objection is a necessary tool, not only in order to manage religious diversity, but also to build a more inclusive society. In Italy, although the constitutional text does not expressly recognize a right to conscientious objection, the constitutional coverage of the right is grounded on a joint reading of various articles of the Constitution. However, given the increasing number of new shapes of conscientious objection, and new actors claiming the right, conscientious objection can be considered a new stress test for the Italian constitutional system. The present paper aims to investigate new tensions between conscientious claims and new social expectations, with a view to exploring new striking balances aimed at negotiating conflicts between different sets of values.