Neutrality in the classroom

Abstract

In Lautsi v. Italy the Grand Chamber of the European Court of Human Rights decided that the display of the crucifix on the classroom walls of Italian state schools is compatible with the European Convention of Human Rights. In this article we develop an account of neutrality, which militates against the decision of the Grand Chamber and vindicates the claimants. Its gist is that neutrality is not only infringed, when individuals are coerced by the state to pursue a certain religious faith or attitude, but also when the state endorses a religious faith or attitude in regulating areas of social life that pertain to one's status as free and equal member of the political community. Breaches of neutrality, thus understood, constitute a violation of the right to religious freedom. They are also not amenable to a proportionality assessment and impose a uniform standard for all members of the Council of Europe. The display of the crucifix in Italian state schools falls short of this standard. © The Author 2013. Oxford University Press and New York University School of Law. All rights reserved.