VITTORIA!! VITTORIA!!

[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.

Comments

[shezan.livejournal.com]

(Who were the two voices against?)

[fpb.livejournal.com]

I have no idea, but you probably can find out on their website: http://www.echr.coe.int/echr/Homepage_EN

[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!)

[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.

[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.

[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.

[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.

[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.