On the 15th of June, the European Parliament Platform for Secularism in Politics heard the case of the Italian Judge Luigi Tosti.
Mr Tosti refused to work in an Italian courtroom where a crucifix was hanging. After several lawsuits, Mr Tosti was removed from the judiciary by the state’s Supreme Court in March 2011.
Mr Tosti is preparing to lodge an appeal under Article 34 of the European Convention on Human Rights, on the basis of violation of his right of religious freedom (both negative and positive) and the violation of the right of equality and non-discrimination on the basis of religion.
During the Brussels meeting, Judge Tosti stated that freedom of religion is a fundamental right. Everyone is free to adhere to any religion, and free not to choose a religion. A state based on the rule of law needs to have an unbiased judiciary, therefore any biased appearance (such as a crucifix being a religious symbol) needs to be avoided.
As is laid down in Article 6 of the European Convention on Human Rights, every member state has the duty to be neutral and impartial. The compulsory presence of a crucifix in every Italian courtroom is obviously in conflict with this fundamental requirement. Mr Tosti proposed the Italian Minister of Justice to allow him to place other religious and non-religious symbols alongside the crucifix, in order to restore neutrality. This however was not allowed by the Italian state. Hereafter, Mr Tosti refused to do sittings and was eventually removed from the Italian Magistracy in March 2011.
During the meeting, it was pointed out by Mr Tosti and his lawyer that within the European Union, there is increasing cooperation on police and legal matters. This increasing mutual confidence in each other’s legal systems implies an important mainstreaming of certain standards, particularly with regards to neutrality.
A national legal system needs to be neutral and not dominated by one specific religion.
The European Parliament Platform for Secularism in Politics will follow Mr Tosti’s lawsuit at the European Court of Human Rights closely and will give him all the support he needs.
Press: RNW (in English / in Spanish)
Read also (in French): “Le « décrocheur de crucifix » retrouve un poste dans l’école publique : Le libre-penseur Valentin Abgottspon, licencié en raison de son combat pour la laïcité, a été engagé dans une école publique. » more
