Europe rights court rules crucifixes in public schools violate Convention

The European Court of Human Rights (EHCR) ruled Tuesday that displaying a crucifix in a public school classroom violates the European Convention on Human Rights. The lawsuit was brought against Italy by Soile Lautsi, who claimed that displaying a crucifix "infringed the constitutional principles of secularism and of impartiality on the part of the public authorities." The EHCR stated [press release] that the hanging of the crucifix was a violation of Article 2 of Protocol I and Article 9 of the rights convention and that:

The freedom not to believe in any religion (inherent in the freedom of religion guaranteed by the Convention) was not limited to the absence of religious services or religious education: it extended to practices and symbols which expressed a belief, a religion or atheism. This freedom deserved particular protection if it was the State which expressed a belief and the individual was placed in a situation which he or she could not avoid, or could do so only through a disproportionate effort and sacrifice.

Both Italian and Catholic leaders have criticized the ruling. The Vatican recieved the news with "shock and sadness" according to spokesman Federico Lombardi. Italian Minister of Education Mariastella Gelmini said that the crucifix was more than just a religious symbol, and that it also represented national traditions [press release, in Italian]. The Italian government plans to appeal the ruling.

In October, the US State Department (DOS) noted in its annual Report on International Religious Freedom that the continued presence of Catholic symbols in Italy has been a source of criticism and lawsuits. Earlier that month, the EHCR ruled that Russia had illegally interfered with the freedom of religion by not allowing two Scientology groups to register as religious groups.

(Published by Jurist - November 4, 2009)