Open AccessKrzyż w szkole publicznej w orzecznictwie europejskim
Author(s) -
Jacek Falski
Publication year - 2022
Publication title -
sprawy narodowościowe. seria nowa
Language(s) - English
Resource type - Journals
eISSN - 2392-2427
pISSN - 1230-1698
DOI - 10.11649/sn.2010.029
Subject(s) - margin of appreciation , law , appeal , human rights , convention , political science , neutrality , democracy , secularism , state (computer science) , confessional , public sphere , obligation , manifesto , constitutional court , fundamental rights , politics , constitution , algorithm , computer science
The Crucifix in the Public School Classroom in European Court RulingsLautsi v. Italy was an important court case that was brought before the European Court of Human Rights in Strasbourg. The subsequent ruling on 3 November 2009 noted that the display of religious symbols (i.e. the crucifix in Italian public school classrooms) is contrary to Article 2 of the 1st Protocol of the European Convention on Human Rights. This decision, which went against Italy, is in line with other judgments in similar cases, and seems to be promoting the European public school as a place of confessional neutrality, where the goal is to cultivate secular values of a democratic society in pupils.The European Court of Human Rights thus clearly supports the idea and principles of secularism and the impartiality of the state. However, the ruling did not impose any obligation to undertake adequate legal solutions or verify the existing law, leaving each member state a level of freedom to make opinions and final decisions on their own. The Lautsi v. Italy judgment had an indirect influence on the entire public service sphere, of which the public school is just one link of a chain. Yet Italy filed an appeal and the case was referred to the Court’s Grand Chamber. Its hearing is to be held on 30 June 2010. The legal ramifications of this ruling therefore remain an important debate in Europe.