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Lift High the Cross? An American Perspective on Lautsi v Italy

Published online by Cambridge University Press:  11 August 2011

John Witte
Affiliation:
Director, Center for the Study of Law and Religion, Emory University, Atlanta

Extract

The European Court of Human Rights has upheld Italy's policy of displaying crucifixes in its public school classrooms. In Lautsi v Italy, an atheist mother of two state school children challenged this policy, in place since 1924. After losing in the Italian courts, she appealed to the European Court of Human Rights, arguing that the presence of these crucifixes in schools violated her and her children's rights to religious freedom and to a secular education guaranteed by the European Convention on Human Rights. On 3 November 2009, a unanimous seven-judge chamber of the European Court held for Ms Lautsi. On 18 March 2011, the Grand Chamber reversed this decision and held 15 to 2 in favour of the Government of Italy.

Type
Comment
Copyright
Copyright © Ecclesiastical Law Society 2011

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References

37 [2011] ECHR 30814/06.

38 A full discussion of the judgment appears elsewhere in this issue: Ronchi, P, ‘Crucifixes, margin of appreciation and consensus: the Grand Chamber ruling in Lautsi v Italy’, (2011) 13 Ecc LJ 287297Google Scholar.