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Case Law

Consiglio di Stato [Council of State]
13/01/2006
Area Education
Form of Discrimination Indirect discrimination
Grounds of discrimination Discrimination on ground of religion or belief
Topic Discrimination by public bodies
Italy , Discrimination on ground of religion or belief , School life , legal finding, court decision .
Key facts of the case:

A parent requested the Regional Administrative Tribunal (TAR) of Veneto Region to annul the decision by the board of her children's middle school to display the crucifix in all classrooms because this violated the principle of neutrality of the Republic towards all religions and the non-confessional character of the State, both of which are enshrined in the constitution. The Administrative Tribunal turned down her request and she appealed to the Council of State against the sentence.

Main reasoning/argumentation:

According to the Council of State, the presence of a Catholic crucifix in a non-religious place, such as a school, is not discriminatory for members of other faiths from the religious point of view if it is considered as a symbol of the civil values that inspired the constitution. Therefore, the crucifix can serve a symbolic and educational purpose, irrespective of the religion professed by students.

Key issues (concepts, interpretations) clarified by the case:

The sentence clarified that the crucifix should remain on display in public schools. Some sentences in the past interpreted the crucifix as a symbol of the Roman Catholic religion representing values which are not shared by all citizens and its display in schools as infringing the principle of equality of all religions before the law. This sentence reverses the above interpretation, stating that the display of the crucifix in classrooms does not constitute an infringement of the freedom of religion and equality because it defines the crucifix as indicating the religious origin of such civic values as tolerance, respect of others and their freedom, human solidarity and refusal of all forms of discrimination.

Results and most important consequences, implications of the case:

One immediate outcome is that schools that have crucifixes on display can now keep them without being challenged by non-Catholic parents. Decision is pending in an ordinary court on the same topic, following the request of a Muslim father that the crucifix be removed from the classrooms of his children. An order by a judge of the Court of Justice of l'Aquila to temporarily remove the crucifix while waiting for final decision, met with fierce criticisms and opposition to the order by the ministry of Education.

This sentence was issued by the highest Administrative Court (the Council of State) and came after years of bitter debate between the opposing sides. While the case treated in this ruling refers to the display of the crucifix in schools, it is likely to affect decision on other cases that are still pending before other courts, including one involving a judge who refused to preside over the day's hearings in a court room with a crucifix on the wall. The ruling refers to the way the distinction between State and religion is understood in some other countries, concluding that this relationship is historically determined and will vary in time and place.