La autonomía de las organizaciones religiosas en el Estado Constitucional de Derecho en dos recientes fallos jurisprudenciales

Abstract

In the last year, both the Supreme Court of the United States and the European Court of Human Rights have issued decisions of great importance in religious freedom. Those Courts have recognized the right of religious denominations to organize freely from state interference, admitting their right to have organizational autonomy. This principle, often discussed, is clear from the two rulings outlined in this article. The first of them recognizes the principle of the so called «ministerial exception» that allows religious groups to operate with a wide margin of appreciation with regard to the selection of those who have the status of ministers of religion, even if this means giving up on the application of anti-discrimination laws. The second judgment, in deciding a conflict between a religious community and some of its followers, pointed out that the mandate for each State to guarantee its citizens the effective implementation of the rights recognized under the European Convention on Human Rights can’t collide with the right of religious denominations to organize free of undue state interference.