Ancora sul crocifisso nelle aule scolastiche: considerazioni a margine della decisione delle Sezioni Unite del 9 settembre 2021 n. 24414

The judgment deals with the question of the compatibility between the presence of the crucifix, ordered by the school director of a public institute on the basis of a resolution taken by a majority of the class assembly of students, and the (c.d. negative) freedom of teaching and conscience in religious matters to be ensured to every teacher. It establishes that the determination of the school director addressed to all the teachers of the class is in contrast with the principle of the freedom of teaching of the dissenting teacher who wishes to give lessons without being forced into the religious matrix imprinted by the symbol affixed to the wall when it does not conform to the model and method of a ‘dialoguing’ community that seeks together the composition of equal and contrary rights and when it does not express a compromise mediation solution.