The Case of Lautsi v Italy: A Synthesis

58 Pages Posted: 4 Sep 2013

See all articles by Gregor Puppinck

Gregor Puppinck

European Centre for Law and Justice (ECLJ); M.G. Robertson Global Centre for Law & Policy

Date Written: September 10, 2012

Abstract

La versione italiana di questo documento è disponibile al seguente link: http://ssrn.com/abstract=2179610

La versión española de este artículo se puede encontrar en: http://ssrn.com/abstract=2320622

The case of Lautsi v. Italy, better known as the "Crucifix Case," is a particularly significant case. Its significance is not only political and legal, but also religious. Never before in the history of the European Court of Human Rights and the Council of Europe has a case raised so much public attention and debate. The debate regarding the legitimacy of the symbol of Christ’s presence in Italian schools is emblematic of the cultural crisis in Western Europe regarding religion. Twenty-one State parties to the European Convention on Human Rights, in an unprecedented move, joined Italy to reassert the legitimacy of the public display of Christian symbols in European society. The Court finally recognized, in substance, that in countries of Christian tradition, Christianity enjoys a special social legitimacy that distinguishes it from other philosophical and religious belief systems. In other words, because Italy is a country of Christian tradition, Christian symbols may legitimately enjoy greater visibility in Italian society than other religious or ideological symbols.

Keywords: Lautsi, ECHR, crucifix, Italy, European Convention on Human Rights

JEL Classification: K00

Suggested Citation

Puppinck, Gregor, The Case of Lautsi v Italy: A Synthesis (September 10, 2012). Brigham Young University Law Review, Vol. 2012, No. 3, 2012, Available at SSRN: https://ssrn.com/abstract=2320576

Gregor Puppinck (Contact Author)

European Centre for Law and Justice (ECLJ) ( email )

4,quai Koch
Strasbourg, 67000
France

M.G. Robertson Global Centre for Law & Policy

Belsyre Court, 57 Woodstock Road
Oxford 0X2 6HJ
United Kingdom

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
231
Abstract Views
1,071
Rank
240,245
PlumX Metrics