Freedom of religion and state neutrality in the educational environment: a path through the jurisprudence of the european court of human rights

The aim of this work is to evaluate the debate surrounding the neutrality of public spaces in relation to religious freedom in light of the new liberalism advocated by John Rawls and Ronald Dworkin and the objections raised byMichael Sandel and Charles Taylor. In particular, I intend to point out why and how this theoretical debate is reflected in current case law, and will address the most important judgments delivered in recent years by the European Court of Human Rights regarding the protection of freedom of religion in the school environment. My analysis focuses in particular on uniform policies, religious sexual and ethics education and related opt-out policies, and, finally, towards the issues that may arise when a teacher’s religious duties conflict with a school’s ethos. The findings of this study suggest the importance of the concept of neutrality in assessing the place of religion in the public sphere. In addition, analysis of case law reflects the urgent need to give a true meaning to that notion, both from a theoretical and legal point of view.