Crucifix in the Classroom: The Best Solution to the Lautsi Case
I.CON, International Journal of Constitutional Law, forthcoming 2011
5 Pages Posted: 28 Aug 2010 Last revised: 2 Dec 2013
Date Written: August 28, 2010
In this article I present my counter-pleadings in the Lautsi case (the high profile Crucifix in the Classroom case) in response to Prof. Weiler's pleadings presented in Strasbourg before the Grand Chamber of the European Court of Human Rights. After analyzing few false dichotomies regarding freedom of religion, secularism and neutrality advanced by Weiler in his pleadings, I propose my own preferred solution which defend a moderate type of secularism capable of giving religion its due while protecting non-religious people at the same time. Practically, I suggest that the best solution is for the state to involve parents in the decision-making at the local level. Concretely, the state should allow, and possibly promote, debates in every school as to which symbol is most suited for the classroom.
Keywords: Law, Religion, Fundamental Rights, Freedom of Religion, Equality, Crucifix, Cross, State, Church, Italy, Europe, Constitutional Court, Constitution
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