The Position of Children´s Freedom of Thought and Religion in the Rulings of the European Court of Human Rights on the Case Lautsi V. Italy

Journal Title: The Age of Human Rights Journal - Year 2013, Vol 1, Issue 1

Abstract

In the case Lautsi v. Italy, the European Court of Human Rights ruled twice on the validity of the presence of crucifixes in public school classrooms of a country where the principle of secularism rules. In the first judgement, the consideration of the children’s religious freedom and, implicitly, their best interest helped the Court to justify the prohibition of the symbols, although it was not the main argument for it. However, the Great Chamber revoked this decision, considering the presence of these symbols in classrooms adequate under the European Convention by widely applying the doctrine of the margin of appreciation and, additionally, ignoring the legal position and the needs of the pupils, whose freedom of religion was reduced to a mere object of the parental guide capacities from a very questionable perspective.

Authors and Affiliations

Daniel Capodiferro Cubero

Keywords

Related Articles

Extra-Taxation and Property Right in the European Union Law

Indirect taxes are the essence -and the main priority- of tax harmonization in the European Union. The vast majority of EU tax harmonization directives refer to this type of taxation. At the same time, indirect taxes con...

The Political, Legal and Moral Scope of the Universal Declaration of Human Rights: Pending Issues

With the adoption of the Universal Declaration of Human Rights, a new era began in the recognition and guarantee of human rights in the international area. However, since the moment of its approval, this text has receive...

The United Nations Convention on the Rights of Persons with Disabilities and its Effects on the Promotion of Elite Disability Sport: A Worldwide Analysis

Little attention has been focused on the analysis of the interrelation between disability and elite disability sport from the human rights perspective as the United Nations Convention on the Rights of Persons with Disabi...

The Long Road to the International Recognition of Economic and Social Rights: The Right to an Adequate Standard of Living

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became...

Femicide and Gender Violence in Mexico: Elements for a Systemic Approach

This article aims to address gender violence and femicide through the analysis of several aspects related with its reality and current problematic or conundrum, the new standards to widen gender perspective in the minist...

Download PDF file
  • EP ID EP691237
  • DOI -
  • Views 176
  • Downloads 0

How To Cite

Daniel Capodiferro Cubero (2013). The Position of Children´s Freedom of Thought and Religion in the Rulings of the European Court of Human Rights on the Case Lautsi V. Italy. The Age of Human Rights Journal, 1(1), -. https://europub.co.uk/articles/-A-691237