Lautsi v Italy: ECHR 18 Mar 2011

(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, religious instruction or as an expression of allegiance, was held not to contravene Article 19. Though the cross is a universally-recognised Christian symbol and a ‘self-evident manifestation’ of Christian faith. It was a passive and traditional national symbol in Italian state schools.
In deciding to keep crucifixes in the classrooms of the State school attended by the first applicant’s children, the authorities acted within the limits of the margin of appreciation left to the respondent State in the context of its obligation to respect, in the exercise of the functions it assumes in relation to education and teaching, the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.
Jean-Paul Costa, P
[2011] Eq LR 633, [2011] ECHR 2412, (2012) 54 EHRR 3, [2011] ELR 176, 30 BHRC 429
European Convention on Human Rights 3 19
See AlsoLautsi v Italy ECHR 3-Nov-2009
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Cited by:
CitedNational Secular Society and Another, Regina (on The Application of) v Bideford Town Council Admn 10-Feb-2012
The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
CitedNicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
CitedBarclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .

These lists may be incomplete.
Updated: 23 March 2021; Ref: scu.451407