Religious symbols in public schools: Attitudes of Italian Courts between historical legacy and protection of minority beliefs

In the first part, the article focuses on the debate that has developed in Italy as regards the display of crucifix, the religious symbol of Christianity, in public schools. The main question is about the conformity of the presence of the Christ’s image in public school with the principles of secularism and neutrality of the State, of equality among the different faiths and of freedom of religion. The debate became more vivid in 2009 due to the case "Lautsi and others v. Italy" that was filed before the European Court of human rights. The case, promoted by an Italian citizen of Finnish origin, is significant because it shows how strong the historical and cultural legacy can be in judicial decision-making activity and how the judge can be “creative” in the interpretation of the law. In the second part, the article considers some concrete ideas concerning access to justice and the capacity of the courts to attract applicants from different cultures.