Lautsi v. Italy

Abstract

The European Court of Human Rights’ judgment was met with hysteria by Italian politicians. The Italian defence minister said, “That woman [Lautsi] and all those who made the judgment must be condemned to death”.

Party groups have also tabled special addresses. Except on the far left, all politicians joined them in condemning the judgment. They proposed a special resolution stating that the government must demand adherence to the subsidiarity principle. Except on the far left, all political parties condemned the 3 November 2009 Lautsi v. Italy court verdict. In this “unprecedented” case, the court found displaying a crucifix in the classroom of an Italian public school to be incompatible with the convention. The judgment caused uproar in Italy and other catholic states.

The judgment was denounced by the Vatican as well. A Vatican spokesman, Federico Lombardi, said the crucifix was a fundamental sign of the importance of religious values in Italian history and culture, and a symbol of unity and welcoming for all of humanity – not of exclusion.

“The European court had no right intervening in such a profoundly Italian matter. It seems as if the court wanted to ignore the role of Christianity in forming Europe’s identity”, he said.

“The judgment must be rejected with firmness. Italy has its culture, its traditions and its history. Those who come among us must understand and accept this culture and this history. The ruling aimed to wipe out our Christian roots. We are in the process of creating a Europe with neither identity nor traditions”- commented Alessandra Mussolini.

On Facebook, 23,000 people joined a group to oppose the court decision.
However, secularist organizations expressed contradictory views.

“Interpreting the government’s position, one sees that its arguments are similar to those of Islamic states that refuse to protect human rights. Accordingly, the arguments are inadmissible for liberal society”, an Italian Humanist Association said.

The Lautsi case is not the first such case in Italian judicial history. Displaying crucifixes at public buildings is the norm in Italy. A Muslim parent, Adel Smith, and Judge Luigi Tosti tried to protest presenting such symbols in public places.

Smith, the head of the Union of Italian Muslims, succeeded in getting a court order to ban the official display of religious symbols at school. The decision was followed by a public uproar and the Supreme Court later abolished the order during a rehearing.

Tosti too had to overcome civil resistance. He was fined numerously and sentenced to several months in jail for refusing to enter public buildings where Christian symbols were displayed.

“I went to school and saw that the cross in the classrooms. This doesn’t seem to be an innovation. In kindergarten, three crosses were displayed on the same wall. Catholicism is everywhere in Italy and sometimes it is disturbing, particularly if you are an atheist”, Lautsi said.

“The case was significant for me in terms of moral values rather than obtaining financial compensation. Italy regards itself as a secular state and it should honour this value”, she added.