"Migrazioni e migranti" diritti fondamentali, valore della Costituzione: il fattore religioso

Abstract

The essay proposes an overall interpretation, from a legal perspective, of the issues induced by the contemporary migration flows, considering them in the complexity of their linkages and their systemic relationships. So, the Author particularly focuses on the legal status of the migrants, with special attention to the topic of the safeguard of their fundamental rights and liberties, and in the light of the importance of the relationships between law and religion in the contemporary multireligious and multicultural societies. By this way, the Author can point out that the public role of religion and the right to religious freedom could be decisive factors for a better solution of the migration issue. But, at the same time, he considers, on the one hand, that these factors are quite problematic and, on the other, that their real effect is still hampered because of the impulse of the new social needs, related to the economic crisis and to the goal of security. Indeed, these new needs are leading to a disempowerment of the role of the democratic constitution and specifically of its guarantees for the fundamental rights and liberties of individuals.