La regulación jurídica de la apostasía entre el Derecho estatal y los ordenamientos confesionales

Religious freedom, universally recognised as human right, includes the right to leave the religion that is professed. In general religious denominations value negatively and punish the act of apostasy. This article analyses apostasy as a complex act, which affects both the religious institutions and the law of the State. It is primarily an act of religious autonomy of the individual that terminates its membership. Moreover, it is an act that involves the exercise of choice in religious matters protected by the State. Recognizing the possibility of leaving a religious group is part of the protection due to the right to religious freedom, and it would concern to the State law. As an act of religious significance, regulation of apostasy should be left to religious law. However, in some countries the State has established the possibility of a state act of religious output (Kirchenaustritt). This measure has been justified by the existence of the Church tax, and as a protection of religious freedom. In Spain there have been proposals to be the State that regulates apostasy. This study will try to establish the role of religious law and the role of the State law in the regulation of apostasy. It will be analysed from this perspective the European experience in the countries where the State has regulated apostasy, to clarify it is justified this civil regulation of apostasy.Keywords: Apostasy; right to change religion; religious freedom.