Lautsi v. Italy

Lautsi v. Italy was a case brought before the European Court of Human Rights, which, on 18 March 2011, ruled that the requirement in Italian law that crucifixes be displayed in classrooms of state schools does not violate the European Convention on Human Rights.

The case stemmed from a request of Mrs Soile Lautsi, citizen of Finland and of Italy, against the School Council of a school in Abano Terme (province of Padua). When the School Council decided not to comply, Lautsi applied to the Veneto Administrative Court. The administrative Court decided, on 17 March 2005, that the presence of crucifixes in State-school classrooms did not offend the principle of secularism. Lautsi appealed to the Supreme Administrative Court. The Supreme Administrative Court upheld the Veneto Court’s decision reasoning that in Italy the crucifix symbolized the religious origin of values (tolerance, mutual respect, valorization of the person, affirmation of one's rights, consideration for one's freedom, the autonomy of one's moral conscience vis-à-vis authority, human solidarity and the refusal of any form of discrimination) which characterized Italian civilization and that keeping the Crucifix did not have any religious connotations.

Lautsi then appealed to the European Court of Human Rights on 27 July 2006. On 3 November 2009, a Chamber of the Second Section of the Court declared that there had been a violation of the European Convention on Human Rights. This decision caused uproar in Italy. Lautsi declared that she had received threats and had been a victim of vandalism, and complained about statements by politicians. The Chamber that considered the case decided that Italy was in violation of Article 9 of the European Convention of Human Rights and Article 2 of the first Protocol to the Convention, reasoning that among the plurality of meanings the crucifix might have, the religious meaning was predominant. The Chamber argued that 'the “negative” freedom of religion was not limited to the absence of religious services or religious education: it extended to practices and symbols expressing, in particular or in general, a belief, a religion or atheism. It added that this “negative right” deserved special protection if it was the State which expressed a belief and dissenters were placed in a situation from which they could not extract themselves if not by making disproportionate efforts and sacrifices.'

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