Presentation on theme: "Tolerance is necessary so in politics as in religion: only pride makes us be intolerant. Voltaire, Politica e legislazione TOLERANCE VH – ISIS “Gaetano."— Presentation transcript:
Tolerance is necessary so in politics as in religion: only pride makes us be intolerant. Voltaire, Politica e legislazione TOLERANCE VH – ISIS “Gaetano Filangieri” di Frattamaggiore
The word Tolerance derives from the Latin noun "Tolerantia", that etymologically comes from tolerare: and tolerare is tied up verb to tollere, in its primitive sense of "to bring, to bear"
What is tolerance? It’s the way to think the other, above all the different one, without the pretension to make it like us Paolo Vidali "Il Giornale di Vicenza" The word tolerance means: "recognition of other people's right to profess and to spread ideas, convictions or opinions contrary to the proper ones."
From the Declaration of the Principles on the Tolerance adopted by the General Lecture of the UNESCO November 16 th 1995 ARTICLE FIRST - Meant of the tolerance 1.1 Tolerance is respect, acceptance and appreciation of the wealth and the difference of the cultures of our world, of our expression forms and our ways to express our quality of human beings. It’s favored by the knowledge, from the opening of spirit, from the communication and from the liberty of thought, of conscience and faith. Tolerance is harmony in the difference. Tolerance is a virtue that peace makes possible and contributes to replace the culture of the war with a culture of peace.
From the Declaration of the Principles on the Tolerance adopted by the General Lecture of the UNESCO November 16 th 1995 ARTICLE FIRST - Meant of the tolerance 1.2 Tolerance is not concession, condescension, complaisance. Tolerance is, above all, an active attitude animated by the recognition of the universal human rights and the fundamental liberties of the others. In any case tolerance can be invoked to justify attacks to this fundamental value. Tolerance must be practiced from single individuals, from groups and States.
From the Declaration of the Principles on the Tolerance adopted by the General Lecture of the UNESCO November 16 th 1995 ARTICLE FIRST - Meant of the tolerance 1.3 Tolerance is the responsibility that supports the human rights, the pluralism (included the cultural pluralism), the democracy and the government of the law. It behaves the rejection of dogmatism and absolutism and it asserts the express objectives in the international instruments about human rights.
From the Declaration of the Principles on the Tolerance adopted by the General Lecture of the UNESCO November 16 th 1995 ARTICLE FIRST - Meant of the tolerance 1.4 In compliance with the respect of the human rights, the practice of the tolerance doesn't mean neither to bear the social injustice, neither to abdicate its own convictions neither to make concessions in comparison to it. It means that each is free to stick to its own convictions and to accept that the other ones stick to the proper ones. It means to accept that the human beings, naturally different in aspect, situation, language, behavior and values, have the right to live in peace and to continue to be as they are. It also means that our own opinions mustn’t be imposed to the others.
TOLERANCE It’s a concept that is born in sixteenth century, from the inside of the religious conflicts between Catholics and Protestants, and then to consolidate in the illuminist reflection. With Montaigne Bodin, Michel de the Hôpital Milton and above all with the Epistula de tolerantia of Locke (1689) and the Traité sur la tolérance of Voltaire (1763), the modern and philosophical reflection about this theme goes out of the plan of the religious conflict to become index of civilization. The religious tolerance, as widened to every form of difference, becomes a carrying characteristic of the western civilization
TOLERANCE IN THE ITALIAN CONSTITUTION
The fundamental principles of the Italian Constitution, described in the articles (1 - 12) and in the First Part related to the " Rights and duties of citizens" characterize our constitutional system
The "person" constitutes in our Constitution the subject around which rights and duties assemble (“legal status principle”)
The article 2 of the Constitution enacts the fundamental principle according to which: "the Republic recognizes and guarantees the inviolable rights of human being“ In substance such norm recognizes and guarantees the right to the personal identity that is the right to be himself, with the relative baggage of ideological, religious, moral and social convictions.
The inviolable rights cannot be overturned or modified in their essential content neither from laws of constitutional revision or from other constitutional laws
In order that such personal identity can be preserved it is necessary that tolerance rises to essential condition of the modern cohabitation, modus vivendi to conceive together the right to the liberty and equality
THE TOLERANCE IS ABLE TO BE EXAMINED FROM THE POINT OF VIEW : RELIGIOUS ETHNIC POLITICAL
"You, oh God, have not given us a heart because we hated ourselves, neither hands because we killed. Let’s help each other, that the small differences among our suits, languages, uses, among all of our defective laws, so different one from another, and so equal in front of you, is not signal of hate and persecution" (from Letter on the tolerance of Voltaire) THE RELIGIOUS TOLERANCE
Religious tolerance is the condition through which the believes and the practices of one or more religions, different from that professed inside a people or of a nation, are accepted or allowed. To individual level, religious tolerance points out an attitude to accept other people's religions, even if they don't recognize in everything or partly some aspects.
The Italian Constitution protects the liberty of religion in different dispositions (art Cost.). Such liberty must be brings back to the inviolable rights recognized to the human beings by the article 2 of the Constitution.
Article 7 : The State and the Catholic Church are, every in its own order, independent and sovereign. Their relationships are regulated by the Lateranensi Pacts. The modifications of the Pacts, accepted by the two parts, don't ask for procedure of constitutional revision.
Article 8 : All the religious confessions are equally free before the law. The different religious confessions, from the Catholic, have the right to get organized according to their own statutes, in that they don't oppose with the Italian juridical arrangement. Their relationships with the State are regulated, for law, on the base of agreements with the relative representations.
Article 19: All have the right to freely profess their own religious faith in any form, individual or associated, to propagate and to exercise in private or in public the cult, provided that it doesn't deal with rites contrary to the good custom.
Article 20: The ecclesiastical character and the goal of religion or cult of an association or institution cannot be cause of special legislative limitations, neither of special fiscal burdens for its constitution, juridical ability and every form of activity.
The articles 2, 3, 19 and 20 of the Constitution " guarantee as right the liberty of conscience in relationship to the religious experience. Such right represents an aspect of the dignity of the human person, recognized and declared inviolable from the art. 2. It is up equally both to the believers and to the unbelievers, also if they are atheists or agnostics (sentence Cost.Court n° 117/1979) and it behaves the consequence that in any case the conclusion of belonging actions, in their essence, to the religion’s sphere, can be the object of compulsory prescriptions consequential from the juridical arrangement of the State.
The values expressed by the articles 2,3,7,8,19 and 20 of the Constitution compete to structure the supreme principle of the LAICITA' of the State which implicates not indifference of the State before the religions but guarantee of the State for the safeguard of the religion’s liberty, in regime of confessional and cultural pluralism
THE ETHNIC TOLERANCE
The art. 2 attributes the inviolable rights to the human being and not to the citizen. It achieves of it that also the foreigner must be considered its receiver, under conditions of equality
It springs the art. 3 of Constitution: All citizens have the same social dignity and they are equal before the law, without distinction of sex, race, language, religion, political opinions, personal and social conditions. It is up to the Republic to remove the obstacles of economic and social order, that, limiting in fact the liberty and the equality of citizens, they prevent the full development of the human person and the real share of all workers to the political, economic and social organization of the Country.
The art. 3 Cost. also operates in the respects of the foreigner: "the principle of equality, also being in the art. 3 of the Constitution reported to the citizens, must consider wide to the foreigners when it deals with the guardianship of the inviolable rights of the human beings, guaranteed to the foreigner also in conformity of the international arrangement (sent. Constitutional Court n° 104 of the 1969)
It achieves of it, for instance, the recognition also to the foreigners, any both their position as regards the norms that regulate the entry and the stay in the State, the right to the necessary " sanitary treatments” because the present foreigner, also irregularly, in the state, has the right to enjoy of all performances that result cannot be deferred and pressing, treating itself about a fundamental right of the person" (sent. n° 252 of the 2001)
It is, also affirmed the inviolability of the right to the family unity which must receive the amplest guardianship referring to the, "nuclear family" and, therefore, in relationship to the foreigner's rejoining with the consort and the smaller children as well as the guarantees of which to the art.13 of the Constitution (personal liberty) cannot suffer attenuations as regards to the foreigners
To the foreigner (also irregularly sojourning) the right of defense is also recognized whose real exercise implicates that the receiver of a measure, variously restrictive of the liberty of self- determination, it enables him/her to understand the content and the meaning of it
The art. 6 Cost.,besides, protects the linguistic minorities: “The Republic protects with special norms the linguistic minorities."
And our Country, how does it act?
The most worrying datum that catches one’s eyes is that the Italian are the most reluctant European people to accept the concept of multiculturalists and integration of the cultures of the minorities, even if something is changed in better as regards to the years'90.
THE POLITICAL TOLERANCE
The tolerance in a broad sense vouches for the liberties of thought, of speech, of press opinion The art. 21 of the Constitution establishes: Everybody has the right to freely manifest their own thought with the speech, the writing and every other means of diffusion. The press cannot be subject to authorizations or censorships.
The art. 21 of the Constitution establishes: Tolerance is associated to the concepts of dialogue and constructive comparison, and sometimes of laity of the State, that has the duty to guarantee all the forms of liberty.
Tolerance zero The tolerance zero is an expression of the political slang, that points out a repressive attitude as regards of a certain behavior or crime, with all the means allowed by the law, and with the application of certain and severe punishments in prison, without discounts of punishment.
And to smile a little an example of political tolerance