
Wednesday January 6, 2010
Italian High Court Defends Crucifixes, National Sovereignty against European Human Rights Court
By Hilary White
ROME, January 6, 2010 (LifeSiteNews.com) – Italy’s Constitutional Court has issued a ruling asserting the supremacy of Italian law and custom over the orders of the European Court of Human Rights (ECHR). In November, an order that all crucifixes must be removed from Italian state schools from the Strasbourg-based ECHR caused outrage in Italy. Legal experts warned that the decision would undermine both religious freedoms and national sovereignty in all European Union member states.
But the Italian High Court has said that where rulings by the ECHR conflict with provisions of the Italian Constitution, such rulings “lack legitimacy.” Piero A. Tozzi, of the Catholic Family and Human Rights Institute said that the decision was intended as a warning against ideologically-motivated rulings by the Strasbourg court and against its overstepping jurisdictional boundaries.
The decision was followed just before Christmas by a bill, presented in the Italian Senate, that would regulate the display of crucifixes in all state schools. Senator Stephen Ceccanti, a professor of constitutional law, said the bill would require crucifixes to be displayed, “given the value of religious culture of the historical heritage of the Italian people and the contribution of the values of constitutionalism, and as a sign of the value and limits of the Constitution.”
The bill, presented in the Senate December 17, proposes to deal with the problem of children whose parents take offense at the presence of a crucifix by allowing other religious symbols to be displayed, or for the crucifix to be removed in individual cases where no mutual agreement can be found.
In November, the ECHR, a body of the European Council that is influential in EU politics, had upheld a complaint by Soile Lautsi, an atheist Finnish woman with Italian citizenship. She said that her children were obliged to see a crucifix every day in the state school they attended and that this constituted a violation of their religious freedom. She was awarded €5000 (US $7200) compensation, to be paid by the Italian Government.
The ECHR ruling said, “The compulsory display of a symbol of a given confession in premises used by the public authorities ... restricted the right of parents to educate their children in conformity with their convictions.”
The decision of the ECHR had already spurred national outrage among Italians, making front page headlines for weeks. Mayors of several municipalities throughout the country responded to the Court’s demand for removal by instead ordering all schools and public offices that did not have them to display a crucifix or face fines up to €500. One mayor, Umberto Macci of Priverno in the province of Latina, Lazio, central Italy, even dispatched local police to inspect schools to see that crucifixes were in place.
The Italian government pledged to appeal the decision to the court, citing Article 7 of the Italian constitution which reads, “The state and the church are, each one in its own domain, independent and sovereign.” The relationship between the Catholic Church and the Italian state are regulated by the Patti Lateranensi, the Lateran Treaty, that establishes mutual recognition and cohabitation of the secular and the religious domains and states clearly that crucifixes must be hung in state schools and court rooms.
Roger Kiska, European legal counsel for the Alliance Defense Fund, said the ECHR ruling disregarded the “cultural sovereignty of each member state” of the EU and that the Cassation Court ruling is a signal that Italy may be prepared to break with the ECHR if the government loses the appeal.
Kiska speculated that the Cassation Court ruling may embolden Ireland's Supreme Court should the ECHR rule against the country’s constitutional protection for unborn children in the A, B, & C v. Ireland case.
Religious discrimination law expert, Neil Addison told LifeSiteNews.com that the ECHR ruling combined with the recent passage of the Lisbon Treaty placing all EU member states under one jurisdiction, could have widespread effect on religious freedom in Europe. Addison said, “Unless the European Court of Human Rights overrules itself on appeal, Italy, and indeed the rest of Europe, has a serious problem.”
The ECHR ruling received negative responses from Greece and Poland, with Polish president Lech Kaczynski and the leadership of the Greek Orthodox Church both warning that there would be no removal of crucifixes or other religious symbols in their countries.
![]() Tuesday November 17, 2009Italian Mayors Order Crufixes Put in Classrooms in Revolt against European Court RulingPolish president and Greek Orthodox Church also hit out at decision against crucifixes in classroomsBy Hilary White ROME, November 17, 2009 (LifeSiteNews.com) - Poland's president, Lech Kaczynski and the leadership of the Greek Orthodox Church have both hit out at a decision by the European Court of Human Rights (ECHR) attempting to ban the display of crucifixes in Italian public schools. At the same time, a general revolt against the ruling in municipalities all over Italy has been started by public officials, who are now ordering the display of crucifixes in schools, and levelling fines for non-compliance.
During Independence Day celebrations on Wednesday in Warsaw, Poland's Kaczynski said that "nobody in Poland will accept the message that you can't hang crosses in schools." "One shouldn't count on that. Perhaps elsewhere, but never in Poland," Kaczynski said. The reaction from Poland has touched a national nerve in a country where crucifixes and other religious symbols were banned under the atheistic communist rule and are now a prominent symbol of national sovereignty. Lech Walesa, the former president and leader of the Solidarity movement that eventually freed Poland from its Soviet-controlled communist dictatorship, challenged the court ruling in a TV interview Thursday, saying, "We must respect minorities but also protect the rights of the majority." At the same time, Archbishop Ieronymos, the Archbishop of Athens and primate of the Autocephalous Orthodox Church of Greece has also spoken out, urging all Europeans to oppose the ruling, saying the court is ignoring the role of Christianity in forming Europe's identity. The Greek Church has intervened in the case in response to a Greek citizen whose son is studying in Italy, the BBC reports. The reactions from Greece and Poland reflect the warning made recently by UK legal expert Neil Addison, who told LifeSiteNews.com that, because of the intricacies of European Union law, the Italian crucifix ruling is likely ultimately to affect all 27 member states. Addison, an author and expert on anti-discrimination law, said that if the Italian government loses their appeal, the ruling could result in the enforced exclusion of all public displays of Christian symbols all over Europe. Addison specifically warned that in countries like Greece and Cyprus, the common display of icons in public places would be under threat. In fact, since the November 3rd ruling was announced, a secularist activist group in Greece, the Greek Helsinki Monitor, has called for a similar ruling to be applied to that country. The group is urging trade unions to challenge the presence of religious symbols in Greek schools. (Ahh the trade unions. Once again we see that trade unions have this clout. What about the majority? And what about the violent nature of trade unions? What happened here in America when union people beat up protesters? Unions become an arm of the governments power.) The BBC reports that the Orthodox Church plans to hold an emergency Holy Synod to hash out a plan to oppose the ruling. Meanwhile, Italian papers are reporting a general revolt across the country against the Strasburg ruling. All schools in the League Monza in the Lombardy region, have been given seven days to ensure that crucifixes are displayed in every classroom. The mayor of Besana in Brianza, Vittorio Gatti, signed an order levelling a €150 fine for non-compliance. Mayor Gatti said, "We will give principals time to adjust, but then the order will be respected." In a statement published on the municipality's website, the mayor referred to the ECHR decision, saying, "We believe that the crucifix is a symbolic expression in Italy of the religious origin of such important civic values as tolerance, mutual respect, enhancement of the person, freedom, solidarity and rejection of any discrimination." "I believe I have decided the right thing. I have always seen crucifixes in schools and I believe we should have respect for our traditions and defend them against those who do not even know what they're talking about," Gatti said. The mayor of Ascoli Piceno in the in the Marche region near the central east coast, said the crucifix expresses "in a symbolic way, the origin of religious values of the republican constitution. I am referring to freedom, mutual respect, appreciation of the person, solidarity and the rejection of any discrimination." Mayor Guido Castelli cited state laws that agreed the display of crucifixes in classrooms "does not seem open to criticism over the principle of secularism" of the Italian State. URL: http://www.lifesitenews.com/ldn/2009/nov/09111702.html Copyright © LifeSiteNews.com. This work is licensed under a Creative Commons Attribution-No Derivatives License. You may republish this article or portions of it without request provided the content is not altered and it is clearly attributed to "LifeSiteNews.com". Any website publishing of complete or large portions of original LifeSiteNews articles MUST additionally include a live link to www.LifeSiteNews.com. The link is not required for excerpts. Republishing of articles on LifeSiteNews.com from other sources as noted is subject to the conditions of those sources. |
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The November 3rd ECHR ruling, made in response to a complaint by an Italian secularist campaigner, said that the display of crucifixes violated the religious rights of pupils. 

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