Libertad religiosa y fuerzas armadas

Abstract

The article deals with the relationship between the principle of religious liberty and the professional model of the Armed Forces. The right to religious freedom as a key piece of a social and democratic state under the rule of law in which we find ourselves extends, without doubt, in its application to the professional military person and to certain military acts and ceremonies in which this right has an important part to play. Further, the article tries to fix the boundaries between the principle of religious liberty and collection of rights and obligations inherent and proper to a professional military person, taking as its basis article 16 of the Spanish Constitution, which grants active legitimization to individuals and communities without further limitation, in their manifestations, other than that necessary for the maintenance of public order protected by law. But the question arises: is there any limit to the exercise of the right to religious freedom by the professional military? The answer to this question has to be affirmative. In Law 17/1999, on the regime of military personnel, the applicability of this right to the professional military is recognised even though its exercise will be regulated by the criteria of National Defence and by what is established in the Royal Orders for the Armed Forces. From this we deduce that the exercise of this right, as with any other fundamental right, is not absolute, and de facto, is subject to limitations in the sphere of military activity. Subsequently, the author tries to pull together all those situations in which the principle of religious liberty could possibly come into conflict with the day to day activity of the armed forces, paying particular attention to those acts or military ceremonies which include worship, basically catholic; above all he highlights the ways opened up by the juridical framework which make relationships between both factors smooth and which do not provoke any kind of discrimination on religious grounds within the Armed Forces.