ITALIAN NATIONAL REPORTS - Università Degli Studi Di Palermo

ITALIAN NATIONAL REPORTS – WASHINGTON 2010
THE CARDOZO ELECTRONIC LAW BULLETIN, VOL. 16(1) - SPECIAL ISSUE
education in State schools. Neither the Italian Constitution nor ordinary laws
contain any provision specifically devoted to religious education 59 . Rules on
this matter can only be found in the law on “admitted religions” (n. 1159 of
1929), in its executive decree (n. 289 of 1930) and in the agreements
concluded by the State with some denominations. In line with the attention
paid to the institutional profiles of religion, the Italian legal system considers
religious education in schools from a strictly denominational point of view, in
relation to the needs of the pupils and families belonging to a specific religion.
In Italian schools the cultural teaching of religious phenomenon (“education
about religion”) is still barely developed.
Concerning religious education in State schools there is a clear difference
between the provisions applying to the Catholic Church on one hand and to
the other denominations on the other. The Agreement of Villa Madama
stipulates that two classes of religious education will be taught in play
schools and primary schools and one class at senior schools per week; no
religious education is provided at university level. The State bears the total
financial burden of Catholic religious education.
Every year the pupils - or, up to the end of intermediate school, which is
usually completed at the age of 13, their parents - must declare whether they
intend to attend the Catholic religious education classes or not 60 . If they
decline, the pupils may concentrate on other subjects during this period or
may leave the school premises (this right was granted the pupils by the
decision Nr. 13 of the Constitutional Court in 1991) 61 .
The teachers of Catholic religious education are chosen by the diocesan
bishop from a list of people who have been trained in theology and Church
59 For a minor exception see art. 1 of the Legislative Decree n. 59 of 19 February 2004.
60 When students are less than 18 years old, their choice need to be confirmed by their parents.
61 It is for this reason that this teaching is said to be voluntary and not optional. The teaching of the
Catholic religion was followed in 2008-2009 by 91% of students: more in the South (98.2%) than in
the North (85.1%); more in primary schools (94.2%) than in high schools (85.3%); less in big cities: cf.
http://www.chiesacattolica.it/pls/cci_new_v3/V3_S2EW_CONSULTAZIONE.mostra_pagina?targ
et=0&id_pagina=328, accessed 27 January 2010. Cf. A. Gianni, L’insegnamento della religione nel diritto
ecclesiastico italiano, Cedam, Padova 1997.