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K náboženskej neutralite Slovenskej
republiky v kontexte ratifikácie zmlúv so Svätou stolicou
The religious
neutrality of the Slovak Republic in the context of ratification of the treaties
of the Holy See
Mgr. Lucia Berdisová, PhD.,
LL.M., Institute of State and Law of Slovak Academy of Sciences
Právny obzor, Volume 102, 2019,
No. 5,
pp. 424 – 434.
Published online: 31.8.2021
Abstract. The main aim
of the paper is to refute the statement of Ján Drgonec who claims that the Basic
Treaty between the Slovak Republic and the Holy See created the legal basis for
the greater influence of the Holy See and the Catholic Church on the Slovak
Republic. The paper replies five arguments by Drgonec as it argues, firstly,
that the obligation stemming from the treaty are not disproportionate if see in
the context as means to protect and fulfill the right to freedom of conscience
and religious belief. Moreover, the pace of accumulation of another obligation
is in the hands of the Slovak Republic. Secondly, paper shows that the alleged
monopoly on interpretation owned by the Holy See is mere quite a common
reference to other normative systems used in the laws. Thirdly, it is true that
the Basic treaty with the Holy See has different status in the legal system (it
has primacy over the laws) in comparison to the status of the, however, Drgonec
overestimates implications of this fact. The content of the treaties is almost
the same and different legal status is influenced by the existence of the
international representation of the Catholic church. Fourthly, in order to
criticize the incompatibility of the Treaty with the Holy See with the human
rights obligations there is a need to do it with focus on the specific
obligations in the specific treaties, etc. Drgonec did not do so. Moreover, the
paper claims that even Istanbul Convention is compatible with the Basic treaty.
Lastly, the Slovak Republic is not in the position of serfdom towards Holy See.
It is possible to limit the treaty obligation or legitimately violate them in
case of the change of situation (rebus sic standibus argument).
Key words: religious
neutrality, treaties with the Holy See, freedom of religion and belief
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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