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Kruzifixe im Klassenraum: EGMR (GK) 18.03.2011, 30814/06 (Lautsi/IT)

Birgit Peters

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Abstract

The Lautsi-Decision of the Grand Chamber of the European Court of Human Rights in March 2011 was long awaited, in particular by those member states of the Council of Europe with a catholic majority population. In its decision, the Court awards states a wide margin of appreciation in fulfilling their obligations according to article 2 (1) of the Additional Protocol 1 to the ECHR. Ultimately, it allows Italy the display of crucifixes in state run schools. The judgment invites to further reflexions upon the scope of state neutrality under article 2 (1), the margin of appreciation doctrine in the area of positive obligations and on the principle of subsidiarity as a guiding principle for the Convention.

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What this paper is about

The Lautsi-Decision of the Grand Chamber of the European Court of Human Rights in March 2011 was long awaited, in particular by those member states of the Council of Europe with a catholic majority population. In its decision, the Court awards states a wide margin of appreciation in fulfilling their obligations according to article 2 (1) of the Additional Protocol 1 to the ECHR. Ultimately, it allows Italy the display of crucifixes in state run schools. The judgment invites to further reflexions upon the scope of state neutrality under article 2 (1), the margin of appreciation doctrine in the area of positive obligations and on the principle of subsidiarity as a guiding principle for the Convention.

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Available abstract

The Lautsi-Decision of the Grand Chamber of the European Court of Human Rights in March 2011 was long awaited, in particular by those member states of the Council of Europe with a catholic majority population. In its decision, the Court awards states a wide margin of appreciation in fulfilling their obligations according to article 2 (1) of the Additional Protocol 1 to the ECHR. Ultimately, it allows Italy the display of crucifixes in state run schools. The judgment invites to further reflexions upon the scope of state neutrality under article 2 (1), the margin of appreciation doctrine in the area of positive obligations and on the principle of subsidiarity as a guiding principle for the Convention.

Key concepts: Subsidiarity, Margin of appreciation, Scope (computer science), Doctrine, Convention, Political science, Law, State (computer science)

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