Learning under the cross: legal challenges to ‘cultural–religious symbolism’ in public schools

Abstract

This article examines the nature and scope of the legal challenges mounted against religious symbolism in European public schools. It discusses religion in education and the relationship between Church and State in European societies. The European Court is defining what counts as a religious symbol through a secular lens and while the court upholds the right to hold a religious belief it qualifies this right to manifest belief in public. This article argues that the courts should be more accommodating in their approach towards the public manifestation of religious beliefs and traditions.