The European Court of Human Rights is considering a case that could affect whether religious symbols may be displayed in courtrooms and other public buildings across Europe.
The case comes from complaints made by Greek atheists who say that the presence of a Christian icon in a courtroom violated their right to a fair trial and their freedom of religion.
The complaints relate to two separate hearings held in 2018 and 2019 at Greece’s Supreme Administrative Court. In both cases, the applicants asked for a Christian Orthodox icon of Jesus Christ to be removed from the courtroom. They argued that its display breached their rights under the European Convention on Human Rights, which protects both fair trial standards and religious freedom.
The Greek court rejected both requests and allowed the icon to remain. According to a summary published by the European Court, the judges found no evidence that the symbol affected the fairness of the hearings.
In the first case, brought in 2018 by the Union of Atheists, the group was challenging government decisions about religious education in schools. They said the icon’s presence during the hearing compromised the court’s neutrality, especially as representatives from the Church of Greece were also involved. The court later dismissed this argument.
The second case, heard in 2019, involved two individuals who opposed the recording of religious affiliation on school documents. Although the court ruled in their favour on the main issue, it again rejected the claim that the icon should be removed. Judges pointed to Greece’s Orthodox Christian tradition and long-standing customs as reasons for allowing religious imagery in courtrooms.
The applicants have now taken the matter to the European Court of Human Rights. They argue that the Greek court failed to remain neutral and that there is no clear legal basis for displaying religious symbols in judicial settings. They also claim that most Council of Europe member states do not permit such symbols in courtrooms.
The European Court has formally asked the Greek government to respond to three key questions. These include whether the icon undermined the applicants’ right to an impartial court, whether it interfered with their freedom of religion, and whether it amounted to discrimination.
Legal group ADF International has submitted a third-party statement in support of Greece. The organisation argues that human rights law does not require the removal of religious symbols from public spaces. It says the European Court has previously recognised the right of countries to reflect their cultural and religious heritage in public buildings.
ADF Senior Counsel Adina Portaru said that displaying religious symbols is not incompatible with human rights. She added that public spaces should not be stripped of crosses, icons or other symbols that have religious, cultural and historical meaning.
In its legal submission, ADF also referred to an earlier ruling by the European Court in 2011, which found that crucifixes in Italian classrooms did not violate human rights. The group noted that religious symbols remain common in public buildings across Europe, including in government offices and court buildings in several countries.
The European Court is expected to rule on the case at a later date.
Adapted from The Christian Post.
