fpb: (Default)
[personal profile] fpb
One day after the 150th anniversary of the proclamation of the free and united nation of Italy, the European Court of Human Rights voted by fifteen against two that the display of the Crucifix in school rooms does not violate any human right.

I was wrong in fearing that the Court might judge wrong, and equally wrong in doubting the Government's will to go on with this. IN spite of all his other enormous faults and flaws, Berlusconi has, at least once, acted honourably. Let us record this wonder (we are not apt to witness it again soon) and give thanks to God.

Date: 2011-03-18 05:43 pm (UTC)
From: [identity profile] fellmama.livejournal.com
I'm confused about how the display of the crucifix could be construed as in violation of a human right. (In the US--in a public classroom--it would be in violation of a constitutional principle, but that's not really the same thing . . .) Do you have a link or something that explains the reasoning?

Date: 2011-03-18 06:13 pm (UTC)
From: [identity profile] fpb.livejournal.com
Don't get me going. The acts of the trial can, I think, be accessed from here: http://www.echr.coe.int/echr/Homepage_EN

Date: 2011-03-18 08:03 pm (UTC)
From: [identity profile] fellmama.livejournal.com
That's fascinating, especially reading it from an American perspective. I do wonder at the statement that "the crucifix was a symbol of Christianity in general rather than of Catholicism alone" in the May 2005 decision, though--I've never seen a crucifix prominently displayed anywhere but a Roman Catholic church (or home or organization, etc.). Is that different in Italy/Europe in general, or is it merely an American Protestant convention?

Date: 2011-03-18 08:35 pm (UTC)
From: [identity profile] fpb.livejournal.com
The emphasis on the crucifix is Catholic, and most Protestants avoid it as a "graven image". But Christianity does not stop at Catholic and Protestant. The Orthodox and Eastern churches also use it. And in Italian culture especially, it has very little to do - unlike especially the Virgin and the saints - with specific church identity: it is perceived as simply a statement of the Gospel story in three dimensions.

Date: 2011-03-19 02:35 am (UTC)
From: [identity profile] fellmama.livejournal.com
In the case of Episcopalianism, it's not actually a graven image concern. (Many Episcopal churches actually have small crucifixes scattered here and there about the church and altar; it's just never the preeminent altar cross.) Since our Eucharist is not performed in propitiation, but as a memorial, it's considered more appropriate to focus on the promise of the empty cross rather than the suffering that preceded it. YMMV as to your Protestant denomination, of course.

I didn't know that about Italian culture--thanks for enlightening me!

Date: 2011-03-19 04:07 am (UTC)
From: [identity profile] fpb.livejournal.com
I don't really count the Anglican confession as Protestant... but then, these days, TEC is barely Anglican either. And I have a suspicion the Lutherans, or at least some of them, may use crucifixes, although I don't know much about their practices. But it definitely would be an issue in the post-Calvinist and Evangelical/Baptist areas.

Date: 2011-03-19 02:02 pm (UTC)
From: [identity profile] fellmama.livejournal.com
I've never seen a Lutheran church with an altar crucifix, but I think I've only ever been to ELCA churches--I'll have to ask my Missouri synod friends what they do. As for the Baptists, they seldom even have crosses anymore. My grandmother's church had a stained glass faux-window with some innocuous flowers on it, back lit with a fluorescent bulb.

Date: 2011-03-18 10:58 pm (UTC)
ext_1059: (Default)
From: [identity profile] shezan.livejournal.com
Worth celebrating!

Date: 2011-03-18 11:44 pm (UTC)
From: [identity profile] fpb.livejournal.com
When I have the privilege (and I mean it) to meet you, I'llbring the Parmesan and home-baked bread. You bring the wine, I'm sure you have access to the best.

Date: 2011-03-18 11:58 pm (UTC)
ext_1059: (Default)
From: [identity profile] shezan.livejournal.com
You're ON!

Date: 2011-03-18 10:58 pm (UTC)
ext_1059: (Default)
From: [identity profile] shezan.livejournal.com
(Who were the two voices against?)

Date: 2011-03-18 11:45 pm (UTC)
From: [identity profile] fpb.livejournal.com
I have no idea, but you probably can find out on their website: http://www.echr.coe.int/echr/Homepage_EN

Date: 2011-03-18 11:57 pm (UTC)
ext_1059: (Default)
From: [identity profile] shezan.livejournal.com
Had a look - a Bulgarian and - a Maltese, I think. For some reason I thought judges were picked by country, but obviously it's more like in a national court (ha! it's not the Eurovision contest!)

Date: 2011-03-19 04:02 am (UTC)
From: [identity profile] fpb.livejournal.com
The Council of Europe has 48 members - a court that had one judge for each country would look more like an extra size jury than a bench of judges. Having said that, and still not having looked for myself, I am surprised to hear you say that a Matese was one of the dissenters - in general, the Maltese are the European nation most jealous of its Catholic heritage.

Date: 2011-03-20 01:46 pm (UTC)
filialucis: (Bread and Water)
From: [personal profile] filialucis
The other dissenting judge, according to the list in the ECHR press release, is Swiss, not Maltese.

The Maltese judge actually backed up his vote with a lengthy and spirited concurring opinion that you might enjoy reading. It starts on p. 38 of the judgement as published in this document.

Date: 2011-03-20 02:54 pm (UTC)
From: [identity profile] fpb.livejournal.com
Ah, a Swiss. Figures. Our northern neighbours - the land of euthanasia and blood-spattered banks - suffer towards us, and I suspect towards Germany too, of the same complex of mingled superiority and helplessness that makes Canadians hate Americans. If the judge is a Swiss Italian, there's nothing more to to be said.

Date: 2011-03-21 01:17 pm (UTC)
From: [identity profile] james asher (from livejournal.com)
I spent 2 years in Canada and saw little evidence of Canadians hating Americans. There probably are some who do, tho the only one I know who despises Americans is the sort of guy who seems incapable of hating without laughter. The "mingled superiority and helplessness" thing is a bit truer, as Canadian national self-image defines itself partly by comparison and contrast to America, but that's (a) entirely reasonable given the circumstances, and (b) not the whole of their self-image.

Date: 2011-03-20 03:03 pm (UTC)
From: [identity profile] fpb.livejournal.com
The Bulgarian judge sounds like a holdover from the Communist period. She certainly has no understanding of law: her only argument against the Italian laws as laws is that they are "very old" - all dating to between 1860 and 1948. That would invalidate half the laws in use in Europe, and is if anything evidence on the opposite side, as is the fact that the laws have been passed by all shades of different national governments: Savoy constitutional monarchy, Fascism, and republican democracy. The legal and precedent force of this agreement is enormous. Luckily other judges don't seem to be so incapable of law.

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