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Religious Rights in Croatia: Legal Regulation of Culturalism

Attempts of the left-liberal Government of Croatia installed in 2011 to introduce health upbringing relaxing conventional sexual morality and advancing gender mainstreaming, and to legalize the same-sex marriage, has prompted problems of this inquiry. The solution consists of two parts. The first part (1) is the framework of the inquiry, which (1.1) outlines problems in detail, (1.2) adopts a theoretical approach, (1.2.1) defines theoretical constructs, (1.2.2) construes basic concepts, (1.2.3) postulates explicit values, and (1.3) formulates hypotheses of the inquiry. The second part (2) is the policy analysis proper. It performs the following tasks: (2.1) The identification of the constitutional principles, and/or jus cogens, that are in accord with postulated values and serviceable as the ground for the appraisal of the decisions in the next section. (2.2) A description of the Croatian left liberal legal decisions on human reproduction and an appraisal of the decisions as tending towards, against or past the constitutional principles or jus cogens. (2.3) The identification of conditions of the decisions, which consists of two steps: (2.3.1) the ascription of the Croatian left liberal decisions on human reproduction to left liberalism as (A) a culture, (B) a worldview, termed culturalism, and (C) a religion ; (2.3.2) explanation of the action-guiding reasons to which the Croatian left liberal decisions on human reproduction are ascribed by left liberalism as ideology. (2.4) A forecast and appraisal of future decisions. (2.5) A proposal of alternative decisions that are more in conformity with the constitutional principles and/or jus cogens. The context of the problems is the conflict between Croatian left liberalism and Croatian ethnic traditionalism, which may be seen as an instance of a much wider Western development. The wider conflict was described a quarter of a century ago as the Culture Wars between the right-wing, orthodoxy or conservativism, on the one side, and left-wing, liberalism or progressism, on the other. For reasons infra at 2.3.1, the Croatian left liberal decisions on human reproduction will be ascribed to the worldview termed culturalism as a set of beliefs and demands with religious functions that is a part of, or closely related to, left liberalism. Hence the title of this paper.

Religious Rights, Culturalism as a Religion, Catholicism, Croatia

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