Ms Lautsi versus Italy

On June 30, the European Court of Human Rights will hold a Grand Chamber hearing in the case of the crucifix in classrooms and begin its deliberations. The court is expected to give a final decision at a later date in the form of a judgment. A chamber...

On June 30, the European Court of Human Rights will hold a Grand Chamber hearing in the case of the crucifix in classrooms and begin its deliberations. The court is expected to give a final decision at a later date in the form of a judgment.

A chamber of seven judges decided late last year that the compulsory display of a symbol of a given confession in premises used by the public authorities, and especially in classrooms, restricted the right of parents to educate their children in conformity with their convictions, and the right of children to believe or not to believe.

The court concluded, unanimously, that there had been a violation of Article 2 (Right to Education) of Protocol No. 1 taken jointly with Article 9 (Freedom of thought, conscience and religion) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The court upheld the request of a member of the Italian Union of Atheists and Rationalist Agnostics, but ignored the sentiments of the majority of Italians.

When highlighting the requirement "to observe confessional neutrality in the context of public education, where attending classes was compulsory irrespective of religion, and where the aim should be to foster critical thinking in pupils" it was emphasised that the presence of the crucifix could easily be interpreted by pupils of all ages as a religious sign and they would feel they were being educated in a school environment bearing the stamp of a given religion.

"This could be encouraging for religious pupils, but also disturbing for pupils who practised other religions or were atheists."

How realistic is it to claim that 'critical thinking' in pupils can be fostered only in a clinically sterile environment, free of all symbols, signs, texts and contexts? As remarked in a blog, militant atheism is also religiously coercive.

One hopes that the Grand Chamber will achieve a finer, more reasonable balance between Ms Lautsi's rights and those of others. As a Maltese national and a Christian, I am pleased that Malta is supporting Italy in its appeal against this decision.

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