Posted on 11/09/2009 10:22:28 AM PST by NYer
ROME, November 9, 2009 (LifeSiteNews.com) - The recent decision by the European Court of Human Rights (ECHR) condemning the display of crucifixes in Italian public schools could result in the removal of all public displays of a Christian origin in all public buildings of Europe under the newly passed Lisbon Treaty, a British legal expert has warned.
Given the intimate connections between the ECHR, the Lisbon Treaty and the European Convention on Human Rights, UK barrister and anti-discrimination law expert Neil Addison told LifeSiteNews.com (LSN), "unless the European Court of Human Rights overrules itself on appeal, Italy, and indeed the rest of Europe, has a serious problem."
Addison, the author of the legal textbook, "Religious Discrimination and Hatred Law," said that the only way out, if an appeal by the Italian government to the same ECHR fails, would be for Italy to withdraw entirely from the EU, an option that he said is unlikely.
The ECHR decision came last week in response to a single suit brought by an Italian citizen of Finnish origin who has been campaigning for eight years to have crucifixes removed from schools. The court ruled that the display of crucifixes in public schools restricted religious freedoms. "The compulsory display of a symbol of a given confession in premises used by the public authorities ... restricted the right of parents to educate their children in conformity with their convictions," the court said.
While the ECHR, as a body of the Council of Europe, did not have the power to order the removal of crucifixes, "what it does do is find a violation of the Convention. The Italian government now has to report back to the Council of Europe exactly what it proposes to do in order to implement the ruling, which in this case will mean removing crucifixes from the classrooms, courts public buildings etc," Addison said.
He explained that if the ECHR judgment is not overturned on appeal then Italy cannot simply ignore the ruling. The effects will be profound, he said, since the Lisbon Treaty "in effect incorporates European Convention on Human Rights into EU law," which is now binding on Italy, and all other 26 member states.
Addison called the decision "an extraordinarily wide decision which could be used, for example, to prevent state schools putting on nativity plays." He cited the examples of Greek and Cypriot schools where it is common to see icons displayed. If the Italian crucifix ruling stands, he said, "those icons will have to be removed and, arguably so will displays of Christianity from all public buildings throughout Europe."
He said what is perhaps "most surprising" is that ECHR did not apply "its own concept of 'Margin of Appreciation and recognise that this type of question should be left to individual countries to decide."
Addison commented, "I do wonder if perhaps this judgment may, in time, come to be seen as European 'Dredd Scott' case, a moment when the implications of a court ruling are so significant and so contrary to public opinion that they lead to a public backlash."
The recently passed Lisbon Treaty gives the European Court of Justice (ECJ), a body of the European Union, the power to force the overturning of any law put in place in Italy or any other EU country the court interprets as being in violation of the Convention. The Lisbon Treaty's Declaration 17 says clearly that the EU would have primacy over the laws of member states: "The Conference recalls that, in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of Member States, under the conditions laid down by the said case law."
The ruling was greeted with furious defiance from the majority of Italian politicians of all parties who condemned it as an example of gross interference with and hostility towards the history, culture and religious traditions of Italy.
Editorials in European newspapers are beginning to note the irony, as Europe commemorates the fall of the Berlin Wall and prepares to celebrate (in the words of Italian government advertisements), "venti di liberta" ("twenty years of freedom"), that the Lisbon Treaty has significantly jeopardised democracy in the EU.
An editorial in the UK's Daily Telegraph said, "On Monday, Gordon Brown will stand alongside other European leaders to celebrate the 20th anniversary of the fall of the Berlin Wall. He will be doing so at a moment when British democracy is under great strain. Will he notice the irony of the situation? Indeed, will other national leaders recognise that they face a similar democratic crisis?
"Italian Catholics feel just as strongly about the banning of crucifixes in their classrooms as (to cite a small but telling example) Britain's sea anglers feel about the EU's absurd demand that they report every fish they catch ... Discontent is growing with the undemocratic aspects of European institutions generally, though it surfaces in different ways across the Continent."
Read related LifeSiteNews.com coverage:
Italian Politicians Furious over Anti-Crucifix Decision by European Human Rights Court
http://www.lifesitenews.com/ldn/2009/nov/09110406.html
Do you think a ban on suicide bombings would have the same affect on Islam?
It’s so tiresome that human rights never quite make it to Christians or Jews. *sigh*
Europe is dying.
Of such things are revolutions born...
The entire world has gone insane.
You know its coming...
I guess they’ll have to build a 25 foot wall around Vatican Hill...............
It appears that all civilizations die. It is obvious that Western Civilization has started the “dying process.” Such is life. However, the really hard to swallow part is the ease with which we are being killed!
I’ve been emailing back and forth with some of my Italian cousins about this crap. Funny, I was “racista” when I would tell them what was going on here regarding Christianity. “Be open minded” I was told.
My retort to them: “Wait until you have this happen in your country.”
So now that they agree with me, I guess we’re all “racista” now?!?
The term “racist” is thrown around way too much. Too many victocrats. It trivializes real racism. The ones who cry racism are racists themselves. I consider the most dangerous racist the ones adamantly deny they are racist, like Al Shaprton and Jesse Jackson.
How poetic, after the pleading of Benedict XVI for Europe not to throw away its Christian identity left out of the Lisbon Treaty, that the first and perhaps fatal move by the European Courts is to declare European Christianity dead.
Why anyone thinks the Church is not led by the Holy Spirit is beyond me. Time and time again, her prescience is proven inspired, time and time again, her wisdom is ignored to the detriment of all.
WHAT the HECK is wrong with these people????
WEstern CIVILIZATION is based on Judaeo-Christian religious philosophy and is part and parcel of our society.
This HAS GOT TO STOP.
Islam needs to be removed from western society and shuit back up in the desert wastes which spawned it.
This is an OUTRAGE. These people come to OUR lands, demand WE remove symbols and practises of OUR religion, demand THEY be allowed to impose THEIR religious practises on US and KILL anyone of our faith who attempts to practise it in THEIR countries.
Its past time to take political correctness and all the fools who support it and kick them into the Islamic darkness where there IS the wailing and gnashing of teeth.
Statist control of individuals as exemplified by international organizations such as the UN and the ECHR will inevitably result in suppression of religion and the implementation of secular values.
In the U.S., the inevitable elimination of private insurance with its inherent enshrinement of abortion and euthanasia is another example of the fruits of statism.
I pray that someday the Vatican realizes this.
I cannot believe Latin Catholics will tolerate this suppression of their culture.
Western liberalism is a nihilistic yearning for oblivion.
If it is not destroyed, it will destroy us.
Anyone surprised that these socialist scum aren't restraining their own power is an abject moron.
Certainly Italy can ignore the ruling and I hope they do.
EU sure is fun, isn't it?
Which is precisely why it's being driven out of 'public' life. Read up on Antonio Gramsci.
This is political correctness and multiculturalism out of control.
You know ... you're absolutely right! Up until a few years ago, issues tended to be local; now they are international. It seems to me that as we have 'progressed', we have actually regressed. More and more, society at large resembles the ancient pagan civilizations. Following the death of JPII and just prior to the conclave, then Joseph Cardinal Ratzinger delivered the homily at the Pro Eligendo Mass. I will never forget his words:
How many winds of doctrine have we known in recent decades, how many ideological currents, how many ways of thinking. The small boat of the thought of many Christians has often been tossed about by these waves - flung from one extreme to another: from Marxism to liberalism, even to libertinism; from collectivism to radical individualism; from atheism to a vague religious mysticism; from agnosticism to syncretism and so forth. Every day new sects spring up, and what St Paul says about human deception and the trickery that strives to entice people into error (cf. Eph 4: 14) comes true.
Full Text.
Doesn't that say it all!
Amen!
84% of Italians, regardless of their religious affiliation, have stood up to say they disagree with this ruling. The Italian Minister for Education went so far as to say she will not remove crucifixes from classrooms. Unfortunately, when the European nations weighed the concept of joining together as a unified group, they signed on to the consequences. Here they are!
It does. It really does. As time goes on, I realize more and more how blessed we are, particularly in our last two Popes. They are amongst the most inspired, learned and intelligent of men.
Have you read St. Faustina's diary? In it, our Lord explains the purpose of this message .... I am giving them the last hope of salvation; that is, the Feast of My Mercy. ...tell souls about this great mercy of Mine, because the awful day, the day of My justice, is near." Notebook II:965.
Given what we have witnessed in our time, the obvious becomes manifest.
This Pope is wonderful and I worry about him. Secular governments and anti-Christian elements consider him merely an annoyance now, but he likely will be elevated to official enemy of the EU status before long. At that point the Pope will require additional security, beyond the Swiss Guard. The SG is highly trained and professional, as good as any at what they do, but basically are bodyguards. As events unfold, a military unit capable of defending against a military assault is going to be required. What government is going to provide this? I don’t know. As ironic as it seems, Israel could provide the expertise and technology. As prophecy becomes reality, it will be seen that Jews and Catholics/conservative Christians will be aligned against most everyone else.
We (Jews, Catholics and other Christians) are already under assault. It is imperative that we work together, without dissension.
Amen! Excellent points!
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