Between pluralism and majoritarianism: the European Court of Human Rights on religious symbols and education

Abstract

How is it possible to square the development of a consistent European approach to religious diversity with the recognition of the sometimes-conflictive plurality of state-religion models? The Court´s support of the liberal principles of separation and neutrality have either been deplored by Christian conservatives as the result of European Christophobia, or celebrated by secularists as contributing to the formation of a Europe free of religion. In contrast, the present chapter argues for a differentiated approach to European jurisprudence, outlining how the Court has been oscillating between an appealing liberal-pluralist perspective or framework, and a questionable majoritarian one. Both perspectives are illustrated by focusing on representative decisions in the area of religious education and symbols.