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European Court Case May Determine the Future of Religious Symbols in Public Institutions

  • ADF International intervenes to defend display of Christian symbols in public buildings: “There is no incompatibility between the display of religious symbols and human rights law.”
  • Ruling could affect public institutions across 46 Council of Europe states
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Strasbourg (16 January 2026) – The European Court of Human Rights is considering a case which seeks to eradicate religious symbols from public buildings. ADF International has intervened in Union of Atheists v. Greece to argue that religious symbols including artwork, icons and other Christian imagery, reflecting a country’s history and traditions, cannot be forced down under a false interpretation of religious freedom.

The case, originating in Greece, involves two applications in which the applicants, identifying as atheists, requested the removal of Christian symbols displayed in the courtroom during hearings relating to religious issues. The applicants argued that the icons’ presence was discriminatory, compromised the objectivity of the court, and violated their right to a fair trial, as well as their right to freedom of thought, conscience and religion. The Greek courts denied their requests to remove the icons.

“The display of religious symbols in public spaces is in no way incompatible with human rights law. Public spaces should not be stripped of crosses, icons or other symbols with religious, cultural, and historical significance in the name of pluralism,” said Adina Portaru, Senior Counsel at ADF International. “The Court has repeatedly affirmed that religious symbols, particularly those forming a country’s heritage, do not violate freedom of religion or the right to a fair trial.”

Cultural heritage, not imposition

In its legal brief, ADF International highlighted the Court’s consistent case law recognising a wide margin of appreciation for Council of Europe member states in matters concerning religion in public life. The brief explained that the display of a religious image cannot, by itself, limit anyone’s freedom of belief or call the fairness of a court into question, and that there is no right not to be offended by the presence of religious imagery, as critics of religious symbols contend. The brief argued that any principle of “state neutrality” should not amount to hostility towards Christianity and demonstrated the relevance of the social, cultural, and historical context of Christianity in Greece.

Across Europe, there exists a longstanding practice of displaying religious symbols, including crucifixes, in Italian state institutions, religious artwork in historic court buildings in Austria and Spain, or crosses in every government office across Bavaria, Germany, while in France courts have recognised that religious imagery is permissible in public buildings where it serves a cultural or historical purpose.

Court previously affirmed display of religious symbols

The Court’s Grand Chamber has previously addressed a similar question in Lautsi v. Italy (2011), a landmark case concerning the display of crucifixes in state-school classrooms, in which ADF International also intervened. In line with the arguments advanced, the Grand Chamber held that a crucifix cannot, in itself, amount to indoctrination or interfere with the right of freedom of thought, conscience, or religion.

In doing so, the Court acknowledged that religious symbols displayed in public institutions often form part of Europe’s historical and cultural heritage, reflecting traditions that have shaped national identity over centuries.

Room for religious heritage in public spaces

“The European Convention on Human Rights robustly protects freedom of religion. Culturally rooted religious symbols or artwork, such as centuries-old Orthodox Christian icons, do not impose a belief on anyone nor direct judicial decision-making,” added Portaru.

Having communicated the case, the European Court of Human Rights will now consider it in light of the parties’ submissions and the third-party interventions received.

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Pictured: Adina Portaru

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