IN A decision with potentially far- reaching implications, the European Court of Human Rights has ruled against Italy, declaring that the display of crucifixes on school classroom walls contravened “educational pluralism”, beaching articles 2 and 9 of the European Convention on Human Rights.
In a sentence against which the Italian state will be appealing, the Strasbourg-based court appears to have argued that the presence of the crucifix contradicts the right of Italians to a secular education for their children.
“The compulsory display of a symbol of a given confession in premises used by the public authorities restricted the right of parents to educate their children in conformity with their convictions,” argued the ruling by seven judges.
The judges also argued the presence of the crucifix restricted the “right of children to believe or not to believe”, adding: “The presence of the crucifix could be encouraging for religious pupils but also disturbing for pupils who practised other religions or were atheists.”
Yesterday’s judgment was the latest chapter in an eight-year legal battle by Soile Lautsi, an Italian woman of Finnish origins.
In 2001, she took a case against the state school in Abano Terme, Veneto, attended by her children, Dataico and Sami Albertin.
In essence, Ms Lautsi complained her children had to attend a school which had crucifixes in every room. The complaint was eventually dismissed by a court in Veneto, which ruled that the crucifix was “the symbol of Italian history and culture and consequently of Italian identity”.
Having then lost an appeal to the Italian Council of State, she took her case to the Court of Human Rights.
Yesterday’s ruling prompted widespread outrage in Italy, on both the left and right of the political sphere. Centre-right education minister Mariastella Gelmini said: “The presence of the crucifix in classrooms is not a sign of belief in Catholicism, rather it is a symbol of our tradition.”
Catholic politician Rocco Buttiglione, a senior figure in the centrist ex-Christian Democrat UDC party, said: “This is an abhorrent ruling. It must be rejected with firmness. Italy has its culture, its traditions and its history. Those who come among us must understand and accept this culture and this history.”
Pier Luigi Bersani, leader of main opposition force the Democratic Party (PD), suggested the ruling had overturned “common sense”. He said, “An ancient tradition like the crucifix offends no one. I think that sometimes, when it comes to delicate questions like this, common sense falls victim to the law.”
The Vatican condemned the ruling as shocking, wrong and myopic. “The ruling of the European Court was received in the Vatican with shock and sadness,” said spokesman Fr Federico Lombardi.
Patsy McGarry adds: Responding to the European Court of Human Rights ruling last night, a spokesman for Ireland’s Catholic bishops said he had yet to see a copy of the ruling but pointed out that: “Catholic schools in Ireland are denominational schools – which means that they provide education in the Catholic ethos.”
He continued: “This position is supported by Catholic parents and is guaranteed by our Constitution. Catholic education is integrated into all aspects of school life thus respecting the individual in accordance with the teachings of Jesus Christ. Catholic schools are parish-based and contribute greatly to community and family life.”