Lautsi and Others v. Italy

Abstract

Human rights — Right to education — Freedom of thought, conscience and religion — Article 2 of Protocol No 1 to European Convention, 1952 — European Convention on Human Rights, 1950, Article 9 — Freedom not to have a religion — Secularism — Duties in administration of education extending to school environment — Duty of State to respect rights of parents to ensure education and teaching in conformity with their religious and philosophical convictions — “Respect” creating positive obligation for States — Secular views as “convictions” — Pluralism — Neutrality and impartiality — Duty to abstain from indoctrination — Convention not conferring right not to be offended — Margin of appreciation — Crucifix as religious, historical and cultural symbol — Passive symbols not “teaching” — Tradition — Proportionality — Competing interests of parents and society — Lack of consensus between Member States — Whether presence of crucifixes in State school classrooms interfering with applicants’ right to freedom of religion — Whether Italy violating Article 2 of Protocol No 1 and Article 9 of European Convention on Human Rights, 1950