FREEDOM OF RELIGION IN THE EUROPEAN PUBLIC SPACE. REMARKS BASED ON THE LATEST CASE LAW OF SELECTED INTERNATIONAL AND NATIONAL COURTS CONCERNING RELIGIOUS SYMBOLS

Abstract

The author attempts to analyse selected rulings of the European courts concerning religious symbols in order to answer the question whether freedom of religion is still respected in Europe. The analysis is based on the reflection on the context of contemporary European cultural landscape: diversity of constitutional models of particular states, the concept of neutrality in the matter of religion, and the ability of contemporary political elites and judges to understand the sphere of the sacred (sacrum). The selection criteria for the rulings have been cases concerning objects related to practising religion: (i) the hijab – an Islamic headscarf, (ii) the burqa – a garment covering practically the entire body, and (iii) the crucifix hung on a classroom wall. The review brings up important questions about lack of tolerance, pluralism and acceptance of religious diversity in contemporary Europe, and ‘reasonable accommodation’ as a possible solution.