Le Sezioni Unite della Cassazione sul crocifisso a scuola: alla ricerca di un difficile equilibrio tra pulsioni laiciste e giurisprudenza europea
The Supreme Court’s United Sections on the Crucifix controversy in schools : searching for a difficult balance between laicism and European case-law · This paper examines critically, in the light of the Italian and European case-law, the contents and the juridical arguments of a recent decision issu...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Serra
2021
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| In: |
Il diritto ecclesiastico
Year: 2021, Volume: 132, Issue: 1/2, Pages: 227-245 |
| Standardized Subjects / Keyword chains: | B
Laicism
/ Religious freedom
/ Symbol
/ Religion
/ Crucifix
/ School
/ Jurisdiction
/ Europe
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| IxTheo Classification: | SA Church law; state-church law |
| Further subjects: | B
Reasonable Accommodation
B Secularity B Freedom of Teaching B State School B Crucifix |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | The Supreme Court’s United Sections on the Crucifix controversy in schools : searching for a difficult balance between laicism and European case-law · This paper examines critically, in the light of the Italian and European case-law, the contents and the juridical arguments of a recent decision issued by the United Sections of the Italian Court of Cassation concerning the Crucifix controversy arisen in a State school. The judges established, on one hand, that the crucifix may be hung in a classroom upon demand of the students as it does not infringe the dissenting teacher’s freedom of conscience or of teaching, according to Lautsi echr decision (2011) ; on the other hand, the clash of values involved would need a reasonable accommodation which could require other religious symbols alongside the crucifix or its removal during the lessons of the dissenting teacher. Such a decision, according to the author, appears to be somewhat contradictory and ambiguous, and it does not resolve the case in a well-balanced way. |
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| ISSN: | 2035-3545 |
| Contains: | Enthalten in: Il diritto ecclesiastico
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| Persistent identifiers: | DOI: 10.19272/202130802012 |