Balancing Rights Throughout the Lifecycle of Places of Worship in Colombia

Abstract

This article investigates the normative tensions surrounding places of worship in Colombia and how to apply Robert Alexy’s weighting method, used by the Constitutional Court, to resolve conflicts between rights in the territorial sphere. It starts with a historical review of the right to religious freedom in Colombia, recognized as a fundamental right since 1991, but limited by the protection of other rights. To address the issue, the life cycle of a place of worship is segmented into the phases of extraction, planning, buildability, habitability and demolition. This segmentation makes it possible to identify the norms that protect rights in potential conflict with religious freedom, such as environmental rights, the right to life and the right to public space. The article applies Alexy’s weighting method to a hypothetical case of a place of worship with buildability restrictions due to its proximity to an airport. Among the final recommendations, it is emphasized that a thorough understanding of the history, normative development, and life cycle of the place of worship facilitates the understanding of the right to religious freedom in relation to territorial space. Furthermore, it is argued that knowing the sacred, territorial, social and developmental dimensions of the place of worship (its multidimensionality) helps to better understand the limits and scope of religious freedom.