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Religious Symbols in European Classrooms (Lautsi and Others v. Italy)
Grand Chamber, Case Of Lautsi And Others V. Italy, Strasbourg, 18 March 2011
Page 11
24. On 3 October 2002 the Minister of Education, Universities and Research issued the following instruction (no. 2666):
“... The Minister
... Considering that the presence of crucifixes in classrooms is founded on the provisions in force, that it offends neither against religious pluralism nor against the objectives of multicultural education of Italian schools and that it cannot be considered a limitation of the freedom of conscience guaranteed by the Constitution, since it does not refer to a specific creed but constitutes only an expression of Christian civilisation and culture, and that it therefore forms part of the universal heritage of mankind;
Having assessed, with respect for different allegiances, convictions and beliefs, the desirability of requiring all schools, within the limits of their own autonomy and by decision of their competent collegiate organs, to set aside part of their premises to be used, without any obligation and without any fixed hours being appointed, for contemplation and meditation by those members of the school community who so wish;
Issues the following instruction:
The Ministry's competent service ... shall take the necessary measures to see to it that:
1) school governors ensure the presence of crucifixes in classrooms;
2) all schools, within the limits of their own autonomy, and by decision of the members of their collegiate organs, set aside part of their premises to be used, without any obligation and without any fixed hours being appointed, for contemplation and meditation by those members of the school community who so wish ...”.
25. Articles 19, 33 and 34 of the Constitution are worded as follows:
Article 19
“Everyone is entitled to freely profess their religious beliefs in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided that they are not offensive to public morality.”
Article 33
“The Republic guarantees the freedom of the arts and sciences, which may be freely taught.
The Republic lays down general rules for education and establishes State schools of all branches and grades. ...”
Article 34
“Schools are open to everyone.
Elementary education, given for at least eight years, is compulsory and free. ...”
Cf. Eastern Roman Empire (Byzantium) * Ancient Rome * Ancient Greece * The Making of Europe
