Christian symbols in public buildings on trial before European Court of Human Rights

The European Court of Human Rights is examining a case that seeks to remove Christian symbols, including icons and religious artwork, from public buildings in Greece.

The case began when two atheists asked for the removal of Christian icons displayed in Greek courtrooms during hearings involving religious matters, claiming the icons were discriminatory, compromised judicial objectivity, and violated their rights to a fair trial and to freedom of thought, conscience, and religion.

Greek courts rejected the requests.

ADF International has intervened in the case, known as Union of Atheists v. Greece, arguing that removing religious symbols in public spaces is a misinterpretation of religious freedom.

The group pointed out in a press release that the European Court of Human Rights ruled previously in a case in Italy that the presence of a crucifix in state classrooms does not “amount to indoctrination or interfere with the right of freedom of thought, conscience, or religion.”

Adina Portaru, senior counsel at ADF International, said: “The display of religious symbols in public spaces is in no way incompatible with human rights law. Public spaces should not be stripped of crosses, icons, or other symbols with religious, cultural, and historical significance in the name of pluralism.”

“The court has repeatedly affirmed that religious symbols, particularly those forming a country’s heritage, do not violate freedom of religion or the right to a fair trial.”

ADF International emphasized that any principle of state neutrality must not equate to hostility toward Christianity, pointing out its deep social, cultural, and historical role in Greece.

“The European Convention on Human Rights robustly protects freedom of religion. Culturally rooted religious symbols or artwork, such as centuries-old Orthodox Christian icons, do not impose a belief on anyone nor direct judicial decision-making,” Portaru said.

ADF’s legal brief stressed that the European Court’s case law grants states a wide margin of appreciation in matters of religion in public life, arguing that a religious image alone does not restrict freedom of belief or undermine trial fairness, and that no right exists to be free from offense caused by religious imagery.

According to ADF: “Across Europe, there exists a long-standing practice of displaying religious symbols, including crucifixes, in Italian state institutions, religious artwork in historic court buildings in Austria and Spain, or crosses in every government office across Bavaria, Germany, while in France courts have recognized that religious imagery is permissible in public buildings where it serves a cultural or historical purpose.”

The European Court of Human Rights will now review the case as well as third-party interventions before issuing a decision.

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