The ECLJ Welcomes the ECHR Review of Decision Barring Crucifixes in Italian Public School Classrooms

(March 2, 2010) - Strasbourg, France The European Centre for Law and Justice (ECLJ) today welcomed a decision by a five-judge panel at the Grand Chamber of the European Court of Human Rights (ECHR) to reconsider a controversial decision barring the display of crucifixes in public school classrooms in Italy a decision that has sparked widespread opposition and outrage from the international community.

In November 2009, the ECHR ruled that it was against the principle of freedom of religion for Italy to display crucifixes in public school classrooms in a case logged at the court by a Finish national living in Italy who found the crucifixes in the school her children attended offensive and coercive.  The principle facts of the case are available, here.

The Italian Government appealed the November decision relating to the Lautsi v. Italy case and the decision by the Grand Chamber to review this case represents the first step of the appeals process.  In the next months, the Grand Chamber will examine the case and give its ruling in a final judgment.

This represents an important step forward toward victory, said Dr Grgor Puppinck, Director of the European Centre for Law and Justice (ECLJ).  The Court has recognized that the November decision raised serious legal issues and must be reconsidered.  This decision impedes religious freedom and it is our hope that it will be overturned.

The ECLJ believes that it is very important that the Grand Chamber reconsiders its November 2009 decision to remove crucifixes from public schools for several reasons. 

The decision holds an extensively troubling understanding of freedom of religion and overextends its boundaries within the cultural and religious traditions of nations.  Such a decision, in our view, is outside the scope of the European Court of Human Rights.

The outcome of this case could have far reaching implications beyond Italy and impact the other 47 member states of the Council of Europe which value their religious traditions. 

For instance, Poland or Romania often display crucifixes or icons in public schools.  There is currently another very similar religious freedom case pending before the ECHR in Strasbourg against Romania concerning the exhibition of icons in public schools.  This issue is prominent in many European countries including Austria, Spain, Malta, Germany (Bavaria) as well as other countries where religious traditions represent a major part of the culture.

It is very important in this context that the European court respects the spiritual and moral values on which it is based, Puppinck added.  This decision barring the display of crucifixes in Italian schools is contrary to the European court systems foundational principles to protect religious freedom and human rights. 

In the following days, the ECLJ along with almost a hundred Members of Parliament will introduce a demand for Amicus Curare status also known as third party status to the case, which would clear the way for the submission of written statements to the Grand Chamber defending religious freedom.

The European Centre for Law and Justice (ECLJ) is an international law firm focusing on the protection of human rights and religious freedom in Europe and worldwide.  The ECLJ is affiliated with the American Center for Law and Justice (ACLJ) which focuses on protecting religious freedom in the United States.  Attorneys for the ECLJ have served as counsel in numerous cases before the European Court of Human Rights.  Additionally, the ECLJ has special Consultative Status with ECOSOC of the United Nations, and is accredited to the European Parliament.