Símbolos religiosos institucionales, neutralidad del Estado y protección de las minorías en Europa

Abstract

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This article examines religious symbols from the perspective of what is meant by state neutrality in religious matters and argues that neutrality cannot be a uniform constitutional principle, enforced at the European level, which asserts a particular view of how the relations between state and religion should be structured. It argues that the judgement of the Grand Chamber of the European Court of Human Rights in Lautsi II was correct but that the Court could have further developed the idea that coercion should be the test for a violation of freedom of religion or belief, rather than the subjective feeling of offence some individuals may experience in relation to some religious symbols. In addition to looking at the jurisprudence of the European Court of Human Rights, the article also addresses rulings issued by national courts in EU member states, with a particular emphasis on the approaches taken in Spain and Germany.

Keywords

Religious Symbols, State Religious Neutrality, European Court of Human Rights