HROW congratulates the European Court of Human Rights (ECHR) for its decision on Wednesday 3th November 2009 in the Case of Lautsi v. Italy (Case n. 30814/06), in which the Strasbourg Court declared that the presence of the crucifix in the public schools' rooms is in violation of Art. 2 of Protocol 1 to the Convention (the right of parents to ensure education in conformity with their religious convictions), together with Art 9 of the Convention (the children's right of freedom of religion).The Court not only based its decision on the need of religion neutrality of the State, in a democratic state, in connection with the education in public schools, but as well in the fact that the presence of this religious symbol is not in line with the pluralistic education, that is essential for the preservation of a democratic society.
This is a great step in a construction of a more inclusive and respectful Europe, where everybody, regardless its own conviction or belief, can be part of the common and pluralistic society.
You will find the judgement at the following link:
2 comments:
Crucifixes are banned, eh? Awesome!
Any news on when they ban the hijab too? How about Kirpans?
Dear The Phantom, in connection with the Hijabs, Headscarf, veils or other garments using in public schools I will recommend you to read the following ECtHR's rules:
1. CASE OF DOGRU v. FRANCE, (Application no. 27058/05) JUDGMENT STRASBOURG 4 December 2008, in which the Court declare compatible with the Convention (art. 9) the prohibition of wearing headscarf in physical education and sports classes;
2. In the case of Dahlab v. Switzerland (no. 42393/98, ECHR 2001 V), the Court held that prohibiting a teacher from wearing her headscarf while teaching a class of young children was “necessary in a democratic society”;
3. Köse and Others v. Turkey (dec.), no. 26625/02, ECHR 2006, the Court has found that the obligation imposed on pupils to wear a school uniform and not to cover their heads at school is a general rule applicable to all pupils irrespective of their religious beliefs;
4. The case of Leyla Sahin v. Turkey ([GC], no. 44774/98, ECHR 2005-XI). This is maybe the most paradigmatic one, because the Court declare here that the ban of wearing headscarf at the University (by student) could be in line with the Convention. Nevertheless the Court made strong reference to the particular situation on Turkey, especially in connection with the struggle against fundamentalist groups and the need to defend the secular state.
I hope that all of this information will be useful for you and for all the other readers.
Regards,
HROW.
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