국가의 정교분리 원칙과 공립학교에서 종교적 상징물-유럽인권재판소의 Lautsi and Others v. Italy 판결을 중심으로-

Basically, human rights were separately defined and guaranteed in countries in theworld, but the shifts of the times and growing interchange among different countriesare changing the way of looking at human rights. That is, it's now required to look athuman rights in an international dimension. In Europe, the European Convention onHuman Rights was made, which expanded the coverage of human rights protection inaccordance with the principles of freedom, democracy and constitutionalism, and theEuropean Court of Human Rights was installed, which is the machinery of law to checkthe implementation of the European Convention on Human Rights and interpret it. Thiscourt basically seeks after the comprehensive protection of basic human rights, butcould be viewed as a political agency that is affected by the economic and politicalsituations and interests of contracting states. While the court have made variousjudgments, it functions as a medium to reflect the cultural characteristics and values ofcontracting states rather than forcing them to guarantee basic rights according to theregional convention on human rights. And the court has developed as an organization totake effective measures to protect individual human rights. The purpose of this study was to examine the principle of the separation of state andreligion in the judgment of Lautsi and others vs. Italy by the European Court of HumanRights in conjunction with the freedom of religion in the European Convention onHuman Rights. Also, it's meant to discuss whether the installation of crucifix in publicschools might infringe on students' negative freedom of religion and to discuss the rightto education.