Reflections on Lautsi and the ECtHR case-law about religious symbols: towards inclusive solutions in the European public order.

Abstract

Religious convictions have always raised controversial issues depending on political and social context. Surely we are now confronted with an evolution due to the marked pluralism of our society. Faced with the conflict of religious symbols, the ECHR has often given deference to the peculiarities of states parties through the doctrine of margin of appreciation, giving prominence to the State’s role as the neutral and impartial organiser of the exercise of various religions. However, in Lautsi the ECHR chamber failed to resort to this doctrine. This inevitably arises whether the scheme relations so far maintained remains valid. From this case it seems to discard the idea that an school environment open and inclusive necessarily have to require the exclusion of all religious symbols, regardless of whether the state compel to display them. From our perspective, the situation is completely different if the initiative comes from the users of this public service. The diversity of Pan-European constitutional acquis would appeal rather in favour of permitting all those symbols that public service users want.