European Court of Human Rights Rules Crucifixes Stay in Schools in Italy

Icons in School (realitatea.net)

The Grand Chamber of the European Court of Human Rights issued a decision on Friday by which the judicial body rules by a vote of 15 to 2 that the crucifixes in schools are not a violation of Article 2, Protocol No. 1 referring to the right of education and that the right of parents to ensure their children’s education in conformity with their religious convictions is not being violated by the presence of crucifixes in schools.

The case against crucifixes was made by parents who said that the presence of the symbols of Christian religion prejudices somehow their children who have to look at them in the classrooms.

According to this ruling the crucifixes can stay in the classrooms. The decision is final and cannot be appealed.

By this decision, a former decision in a lower chamber, that had stated that the presence of the crucifixes in school was a violation of the right to think, to conscience and to religion is overturned.

Crucifix in Italian School (catholic.org)

According to Court Registrar Erik Freiberg, who summarized the opinion of the court on the matter, the judges found no evidence that the presence of crucifixes in schools influences in any way the children, or that they are being used by the school teachers as a means to impose Christian practices on non-Christian children.

The judges construed the symbol as some sort of effigy, depleting it of all theological meaning, and thus accepted its presence in schools.

Judge Malinverni and Judge Kalaydjievai were the two who voted against the presence of Christ in schools of Italy or anywhere else in European Union, arguing that they were violating the right to think free, and to have a religious conscience.

The ruling was received by theologians and prelates in Europe as a sign of “common sense, wisdom and freedom.” A new page in the history of Europe was written to the benefit of preserving religious freedom to all Christians in the European Union, they say.

The opinions converge on the fact that though this ruling is a way to reinstall normality after the offensive decision on November, 3, 2009, it is still not a recognition of the Christian roots of the European civilization, which, in the opinion of most Christian thinkers, with the crucifixes denied in public display in the name of freedom is practically banished from its own ground.

The decision made on Friday concerning the schools in Italy should apply to other countries where icons are being displayed in classes, in EU countries like Romania, where a dormant conflict on this theme should now be extinguished de facto, unless the judges of European Court don’t get over-theological about it,  and consider that the decision on crucifixes should not apply to icons, too.