Orientamento sessuale e libertà religiosa. Percorsi e sfide nel diritto internazionale ed europeo

[Machine translation] Starting from the second half of the 20th century, the United Nations, the Council of Europe and the European Union have progressively built a right to sexual orientation in the human rights system. The religious factor represented a specific variable of the inclusion of sexual orientation among the contents of guaranteeing the rights of the person, with a role, alternately, favorable or contrary to this inclusion. For supranational institutions, the religious condemnation of homosexuality has in fact demonstrated the existence of specific discrimination against homosexual people and at the same time has motivated the interest of supranational organizations in seeking a dialogue with religious actors. The ambivalence of the link between homosexuality and religions has characterized convergences and divergences between the right to religious freedom and the right to freedom of sexual orientation in the conflicts and alliances between these two rights. Over the years, the various actors have discussed the relationship between religious rights and human rights, on the interpretation of sacred texts and legal texts, on the claims of a right to conscientious objection so as not to commit sin and on the construction of intersectional and holistic alliances.