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Council of State of Italy, Sixth Section, No. 556/2006, 13 February 2006

Date
13/02/2006
Type Judgment
Case number 556/2006
Link

Abstract

The display of the crucifix in the classrooms of public schools is legitimate.

Normative references

Articles 2, 3, 7, 8, 19, 20, 21 of the Italian Constitution
Art. 118 of Royal Decree no. 965 of 1924
119 of the Royal decree n. 1297 of 1928 (Table C)
Legislative Decree n. 297 of 1994

 

Ruling

1.The crucifix is a symbol that can take on different meanings and serve for different purposes; first of all, for the place where it is placed. In a non-religious place, such as the school, intended for the education of young people, its exposure will be justified and will take on a non-discriminatory meaning from a religious point of view, if it is able to represent and recall in a synthetic form that is immediately perceptible and intuitive (like any symbol) constitutionally relevant values. In Italy, the crucifix is capable of expressing the religious origin of the values of tolerance, mutual respect, appreciation of the person, affirmation of his rights, respect for his freedom, autonomy of moral conscience from authority, of human solidarity, of rejection of all discrimination, which characterize Italian civilization.

Notes

The Consiglio di Stato pronounces, on appeal, in the course of the famous "Lautsi case", confirming the "cultural" interpretation of the crucifix proposed by the Regional Administrative Court for Veneto.