Abstract

(1) Separation of church and state – Interference with (2) Human rights – Freedom of religion or belief – Discrimination in enjoyment thereof – Holy cross (Cross of Muela) standing on publicly owned mountain – Private association claiming presence of holy cross breach of principle of state neutrality and amounting to discrimination in enjoyment of freedom of religion or belief in that holy cross was ‘symbol of the Catholicism imposed by the dictatorship of General Franco’ and privileged the Catholic Church – Whether presence of cross compatible with state neutrality – Whether discrimination in exercise of right to freedom of religion or belief – Constitución Española de 1978, arts 14, 16

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