Behind the Headlines Concordat’s Revision Poses Problems

The 50th anniversary of the signing of the Italian Church-State Concordat (incorporated into the Constitution in 1947) was greeted last week with as much contention as celebration.

The fourth draft of the Concordat’s revision, released late last week, drawn up by a special committee of experts designated by the Italian Parliament, shows evidence of Catholic forces retreating back into self-protective positions that have already mobilized secular political groups into preparations for a more frontal clash.

If the present government crisis degenerates into a call for premature general elections, the evening-out of differences will take even longer than now expected. Several of the controversies directly or indirectly involve the interests of Italian Jewry. One is the recognition of Roman Catholicism as the official state religion in Italy as decreed by the 1929 Concordat.

The Italian Senate suggested the elimination of this concept. But while the third draft of the revision stated, “The principle of Catholicism being the state religion of Italy is no longer to be considered binding,” the fourth draft softened the statement into, “The recognition of the principle….is no longer to be considered binding.”

SITUATIONS OF UNEVEN TREATMENT

Requests in the “note” to the special committee for the Concordat by the Union of Italian Jewish Communities, are aimed mostly at attaining a new democratic equality of all religions before Italian law. The special status of Roman Catholicism in Italy has created many situations of uneven treatment.

For example: At present, crimes against Catholicism and its institutions are punishable by law while similar crimes against Judaism and its institutions are not. Another bone of contention is the teaching of religion in the school system. The 1929 Concordat considered the inculcation of Catholic doctrine to be “the crowning aim” of public education.

Contesting this notion, the Italian Senate requested the Concordat committee to change the status of religion in the public school curriculum from “compulsory” to “voluntary.” But again, the fourth draft of the revision falls back to the position of religion as a “required” subject, offering the possibility, however, of students being excused on request, as in the past.

Italian Jewry sides with the Senate on this matter, in consideration of the lesser psychological pressures brought to bear on Jewish children when left free to choose or not choose to study religion, other than having to ask permission to be “excused” from attending a class that is compulsory for the majority.

A third matter bearing directly on the future of Jewish institutions in Italy is the effect of a law passed in 1975 aimed at the transferral of all religious public welfare institutions to the local regional governments in Italy.

LAWSUIT AGAINST JEWISH WELFARE INSTITUTIONS

This law was amended in 1977 to exclude institutions sponsoring “activity inherent to the religious-educational sphere.” The 27 Jewish institutions spread throughout Italy (schools, nurseries, hospitals, social work agencies, orphanages, old age homes and social centers) caring for the needs of Italy’s 40,000 Jews, and 35 percent of the much more numerous Catholic institutions received exemption from a hand over to the state, on this basis.

But in the present political climate of radicalized controversy, sections of the Socialist and Communist parties have objected to these exemption. The regional administration of Piedmont has filed a lawsuit against Jewish welfare institutions in the cities of the region (Turin, Vercelli, Casale and Alessandria, and the Jewish nursery school of Rome, challenging the qualifications that entitle them to remain under Jewish management.

DEMANDS BY JEWISH COMMUNITY

To illustrate the “religious-educational function” of its institutions, the Union of Italian Jewish Communities originally pointed out the special Jewish requirements for kosher food, Sabbath and Jewish holiday observance, the teaching and observance of Jewish history, law and tradition. Reminded of this, Socialist Party leaders replied by assuring Italian Jewry that the case will not be officially pursued by the party. But to date the lawsuit has not been withdrawn. If it is not activated within two years, however, it automatically expires.

Other demands of Italian Jewry’s “note” to the Concordat committee, which will be up for discussion, include the possibility (now lacking) for rabbis to offer religious assistance in hospitals, prisons and in the army. Presently only Catholic priests may officiate in these public places.

Italian Jews have also requested the transferral of the Jewish catacombs in Italy from Catholic jurisdiction to the Italian government as a first step for subsequent management by an international Jewish body such as the Heritage Committee of the World Jewish Congress which recently made a preliminary survey of the situation.

Italian Jews are asking further that marriage legislation be revised to validate Jewish wedding ceremonies and place them on a par with Catholic weddings. At present, the rites of Catholic priests are legally binding while weddings officiated over by rabbis are considered incomplete, requiring additional authorization by the Italian government.