The current social context is characterized by pluralism and fragmentation, driven by centrifugal forces that make it difficult to promote the free exercise of fundamental rights. These characteristics require paradigm shifts and imply a rethinking of the existing legal categories.
This is also true for religious freedom, which must contend with difficulties determined by the balance with other prerogatives guaranteed in so-called separate communities, areas of public administration in which the authorities must make a special effort to enable individuals to fully enjoy the fundamental rights guaranteed by the constitutional order.
The specific reference is to places of detention, where the reproduction of the difficult balances desired in civil society is further complicated by the very nature of prisons. Within these institutions, the treatment administered to prisoners must involve them in the dynamics that take place within the walls to achieve substantial inclusion. This goal is not only an end in itself, but also a necessary logical antecedent for the individual to be able to exploit in civil society what he/she has learned within the walls, so that the State's commitment accompanies him/her on the path to reintegration.
To this end, the support of the minister of worship is fundamental, whose presence in prisons is guaranteed asymmetrically depending on the religion professed by the inmate. In fact, the bilateral agreement system that characterizes the Italian ecclesiastical order produces differentiated systems for the enjoyment of a right that the State guarantees to all, pursuant to Art. 19 of the Constitution.
This paper therefore aims to explore the dynamics that regulate the entry of ministers of religion into prisons, reinterpreting them in the light of the supreme principle of secularism as reworked by the Constitutional Court in 2017, and to formulate some critical considerations and programmatic proposals for a more equitable and inclusive balance.