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Decision due in crucifix ban case

Religious symbols in classrooms could be banned across Europe if a human rights ruling is upheld on appeal tomorrow.

The Italian government is trying to overturn a verdict that displaying crucifixes in state schools breaches religious freedoms enshrined in the European Convention of Human Rights.

The decision by the European Court of Human Rights in 2009 was a victory for Soile Lautsi, a non-Catholic mother who complained that her children, aged 11 and 13, were exposed to crucifixes in classrooms at their school in Northern Italy.

The Strasbourg judges agreed the presence of religious symbols violated the children's "right to education" and their "right to freedom of thought, conscience and religion", safeguarded by the Human Rights Convention.

The judges rejected Italian government arguments that the crucifix was a national symbol of culture, history and identity, tolerance and secularism, saying the crucifix in the classroom was against the principle of secularism by which Ms Lautsi wished to raise her children.

The judgment said: "The presence of the crucifix - which it was impossible not to notice in the classrooms - could easily be interpreted by pupils of all ages as a religious sign and they would feel that they were being educated in a school environment bearing the stamp of a given religion."

It went on: "This could be encouraging for religious pupils, but also disturbing for pupils who practised other religions or were atheists, particularly if they belonged to religious minorities."

The judges said the freedom not to believe in any religion - enshrined in the freedom of religion guaranteed by the Human Rights 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".

The ruling concluded: "The compulsory display of a symbol of a given confession in premises used by the public authorities, and especially in classrooms, thus 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."

Italy was ordered to pay the mother £4,500 in damages, but Rome decided to appeal to the Court's 17-judge Grand Chamber in a bid to overturn the verdict.

Today's final decision, if it upholds the original verdict, would only directly affect Italian schools where religious icons are in all classrooms.

But a breach of the Human Rights Convention identified in one of the Council of Europe member states - 47 including the 27 EU countries - applies in all.

One human rights expert commented: "Another parent who feels similarly affected by similar circumstances in a state school in another Council of Europe country could launch a similar case, but all the governments would already be aware of the state of play if the judges do uphold the original verdict in the case of Italy."

Malta had joined Italy in the appeal.

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S. Calleja

Mar 18th 2011, 14:16

A cross and a crucifix represent very different things.

S. Calleja (Melbourne)

Mar 18th 2011, 00:44

I think that not imposing is exactly what this is all about. As you said, we must learn to respect each other's customs and beliefs. Thus to keep things fair and respectful in class, we should also put images of Buddha, Mohammed, Krishna and Vishnu and of any other religion that happens to be professed by the pupils in that class. Also I don't agree about losing any freedoms in Australia because of Ramadan or otherwise. Have your ever worked and lived in Europe, say UK, France, Belgium or Germany? If you did, you wouldn't talk like that. Here in Australia, people come and integrate, at least up to a certain point, because they are forced to. Over there, they don't integrate. They form ghettos which get larger and larger with time and you end up having cities within cities. Why? Because they don't need to integrate. Immigration laws are much more lax.

S. Vella

Mar 18th 2011, 03:24

Fair enough and yet they taught nonsense such as the world is flat and the plague was a curse from God etc


Europe was not educated by Christian thought - it was and is still educated in spite of the Christian schools and beliefs. Religion and education do not mix well.


As for the topic at hand, my personal opinion is that catholic schools should be able to have crucifixes in the classroom. State schools, on the other hand, should be absolutely neutral - no crucifixes or any icons pertaining to any and all religions are to be displayed.

Ramon Casha

Mar 18th 2011, 07:03

Actually schools and hospitals were pre-Christian Greek creations, adopted by the Romans throughout their empire.

In fact the words "academy", "lyceum" and "gymnasium" are all Greek (pre-Christian) words. Lyceum is named after Aristotle's open-air school which was held in the Lyceum grove. The Academy was Plato's school, in which Aristotle himself was a student. Although today the word gymnasium is strictly linked with physical activities, in ancient Greece they also served as venues for intellectual pursuit.

Similarly, the first dedicated healing centres in Europe were temples dedicated to Asclepius, which provided herbal cures, surgery and other forms of medicine. Again, this tradition was adopted by the Romans under the name of Aesculapius.

Since the Roman Catholic church spread throughout the Roman Empire (hence the name) and supplanted earlier religions and philosophies, it ended up inheriting these educational and medical traditions, but it did not start them.

Books were not remotely a Christian idea. Maybe you meant the first printing press, which was.

Agriculture has been developing throughout the world, and ideas were borrowed and spread irrespective of religion.

Dr Francis Saliba

Mar 18th 2011, 06:47

Forcing the religious to practice their religion in private only, means allowing the atheists to practice their creed in public.

S. Calleja

Mar 18th 2011, 00:29

It's a state school not a Catholic school...

Joseph Vassallo

Mar 18th 2011, 17:54

S Calleja, the state is catholic. You are confusing it with a church school.

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