Thursday, May 13, 2010

New Developments in "Crucifix Row"


This article comes from Zenit.  For more information on the Lautsi v. Italy case see my post here.
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Crucifix Gains a New Defender

European Centre for Law and Justice to Address Rights Court

STRASBOURG, France, MAY 13, 2010 (Zenit.org).- The European Centre for Law and Justice has been authorized to become a third party in the court hearing regarding the legitimacy of displaying crucifixes in Italian schools.

The center reported Wednesday that the European Court of Human Rights gave it authorization to become an amicus curiae to the "Lautsi vs. Italy" case.

The center, an international law firm focusing on the protection of human rights and religious freedom in Europe and worldwide, will submit its written observations to the rights court on May 26.

In its press release, the center noted that it plans to "demonstrate that the presence of the crucifix in the Italian schools is legitimate -- that it is not disrespectful to other beliefs, and that nothing in the European Convention of Human Rights can be interpreted as imposing secularism in the context of public education."

The center's communiqué noted that the court's Grand Chamber will hold a public hearing on June 30, and the final judgment on the case is expected by the end of the year.

This case was referred to the Grand Chamber when the Italian government appealed the decision issued by the Second Section of the court last November.

In this first decision, the communiqué reported, the court ruled that the presence of the crucifix in the classrooms is "contrary to parents' right to educate their children in line with their convictions and to children's right to freedom of religion" because the Italian pupils would feel "educated in a school environment bearing the stamp of a given religion."

It added that the court affirmed the presence of the crucifix could be "emotionally disturbing" for Lautsi's child, and that its display could not "foster critical thinking in pupils" and "serve the educational pluralism that was essential to the preservation of a democratic society."

Serious issues

Nonetheless, the center pointed out, "it has been reaffirmed that the European Convention of Human Rights has never required that the state must observe confessional neutrality in the context of public education, or any other public sector."

It affirmed that when the Grand Chamber agreed to hold the hearing, its members "recognized that the November decision raised serious legal issues and must be reconsidered."

On April 29, Italian government officials sent a note to the court asserting that the European judges "have no competency to impose the secularization of any country, and especially Italy, a country characterized by its overwhelmingly Catholic religious practice and identity," the law firm noted.

It stated that several member states, including Malta and Lithuania, as well as nine non-governmental organizations, were authorized to join the case as third parties.

The communiqué affirmed that this type of "direct participation" of several entities in one case "is absolutely unprecedented."

"They all proceed in support of the legitimacy of the public display of the crucifix," it affirmed.

The press release also stated that the center has been given an "exceptional" amount of support from 79 Parliament Members from various European and political parties in regards to this case. 

The director of the center, Grégor Puppinck, stated, "Real pluralism shall first apply within Europe and begin by respecting the various European societies in relation to culture, identity and religious traditions."

He added, "A decision imposing secularism throughout Europe is the exact opposite to the values of pluralism, respect and cultural diversity."