The classroom of a class "can welcome the presence of the crucifix when the school community concerned evaluates and decides independently to display it, possibly accompanying it with the symbols of other confessions present in the class and in any case seeking a reasonable accommodation between any different positions" .
This is what the Court of Cassation established (sentence no. 24414, published today) which, at the United Sections, took care of the posting of the crucifix in the classrooms.
In particular, the question examined by the Supreme Court concerned the compatibility between the display order of the crucifix, given by the head teacher of a state professional institute on the basis of a resolution passed by a majority by the class assembly of students, and the freedom of conscience. in religious matters of the teacher who wanted to do his lessons without the religious symbol hanging on the wall.
The Court affirmed that the provision of the regulation of the 1920s - which still governs the matter, in the absence of a law of the Parliament - is capable of being interpreted in a sense consistent with the Constitution. "The classroom can welcome the presence of the crucifix when the school community concerned - explains the Supreme Court - independently evaluates and decides to exhibit it, possibly accompanying it with the symbols of other confessions present in the class and in any case seeking a reasonable accommodation between any positions differ ".
The dissenting teacher, reads a note from the Supreme Court, "does not have the power of veto or absolute prohibition with respect to the posting of the crucifix, but a solution must be sought by the school that takes into account its point of view and respect his negative freedom of religion. In the specific case, the United Sections have found that the school director's circular, consisting in the pure and simple order of posting of the religious symbol, does not conform to the model and method of a school community dialogue that seeks a shared solution respecting the different sensitivities ". For this reason the disciplinary sanction imposed on the professor has lapsed.
"The posting of the crucifix - to which, in a country like Italy, the lived experience of a community and the cultural tradition of a people are linked - does not constitute an act of discrimination against the dissenting teacher for reasons of religion.
Therefore, the request for damages formulated by the teacher was not accepted, as it was not considered that his freedom of expression and teaching was conditioned or restricted ", concludes the note from the Supreme Court.