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ECHR Article 9 – Freedom of thought, conscience and religion Tim Send a noteboard - 02/12/2009 10:52:35 PM
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, and to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.


Building minarets is clearly not contrary to the rights and freedoms of others, so it'll only be allowed by the ECtHR if they think it's necessary for public safety (unlikely), public order (which I think is put at more risk by the ban than by minarets), public health (only a problem if they start blasting out the call to prayer at 5am – an entirely different issue) or public morals. Public morals is the only one that could possibly justify the ban, as it could mean pretty much anything!

Also, don't forget Article 14.

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

In view of the above, I think it definitely is a human rights violation to have a law directed at a specific religion's peaceful practices without a very good reason. However, the ECtHR doesn't seem to have a great record on freedom of religion: they didn't seem to care about France, Switzerland and Turkey banning Muslim headscarves in educational establishments (see link).

The other important question is what legal effect a successful challenge in Strasbourg would actually have in Switzerland. From what I can work out, Switzerland has ratified the European Convention on Human Rights, which I believe means they've promised to try their best (unlike the UK, which has actually enshrined the ECHR in domestic law). So it might be quite hard for the Court to overturn a constitutional amendment.
Vigilantibus non dormientibus jura subveniunt.

—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.

—La vie ? Neutre ? C'est très joli, et surtout très logique.
Freedom of religion?
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It seems the Swiss ban on muslim minarets has passed rather quietly - 02/12/2009 04:15:22 PM 520 Views
This is surprising. - 02/12/2009 04:19:03 PM 270 Views
Not here, it certainly hasn't. - 02/12/2009 04:34:55 PM 284 Views
Nor here. It's all over our news. *NM* - 02/12/2009 10:01:57 PM 120 Views
I mostly support the Swiss decision. As from my comment at Der Spiegel, - 02/12/2009 05:54:11 PM 276 Views
Re: I mostly support the Swiss decision. As from my comment at Der Spiegel, - 02/12/2009 06:23:09 PM 262 Views
I understand the first in Qatar was built in 2003. - 02/12/2009 10:11:31 PM 240 Views
Yes, with no steeple and no bell! - 03/12/2009 12:48:12 AM 255 Views
Ah yes, now that you mention it. - 03/12/2009 12:52:26 AM 243 Views
see here is what i dont get - 03/12/2009 05:21:10 AM 249 Views
I saw it posted elsewhere - 02/12/2009 06:09:33 PM 236 Views
Does anyone know the legal effect of this referendum? - 02/12/2009 10:00:54 PM 257 Views
It's Switzerland. Their referendums are binding. - 02/12/2009 10:07:52 PM 264 Views
Do the Swiss think they live in 5th-century BC Athens or something? - 02/12/2009 10:11:29 PM 259 Views
Switzerland is odd in a great many ways. - 02/12/2009 10:14:26 PM 262 Views
Actually, I think I meant the European Court of Human Rights, not the ECJ. - 02/12/2009 10:16:38 PM 261 Views
Yeah, but does that one have any power? - 02/12/2009 10:17:54 PM 276 Views
ECHR Article 9 – Freedom of thought, conscience and religion - 02/12/2009 10:52:35 PM 309 Views
I feel like I'm missing something in this debate - 02/12/2009 11:21:03 PM 230 Views
The latter. - 02/12/2009 11:22:49 PM 272 Views
Huh, that's bizarre - 02/12/2009 11:39:03 PM 243 Views
It's coming from a party... - 02/12/2009 11:42:49 PM 297 Views
sicherheit schaffen, that's great! - 03/12/2009 12:00:00 AM 240 Views
I'm hoping you mean great in the bad way. - 03/12/2009 12:05:30 AM 264 Views
Re: I'm hoping you mean great in the bad way. - 03/12/2009 02:03:33 AM 246 Views
Thank you, I guess? - 03/12/2009 12:14:08 PM 250 Views
I don't really see a problem with it - 02/12/2009 10:09:55 PM 250 Views
They pretty much have. - 02/12/2009 10:16:46 PM 266 Views
that was kind of my thought - 03/12/2009 12:17:23 AM 230 Views
I would say it is a bit reactionary but i guess it depends on your definition of intolerance - 03/12/2009 03:39:48 PM 265 Views
Several points... - 03/12/2009 07:15:17 PM 260 Views
The Adhan can really get to you - 02/12/2009 11:14:47 PM 312 Views
At least that one can sing. - 02/12/2009 11:24:03 PM 260 Views
Re: At least that one can sing. - 02/12/2009 11:41:20 PM 252 Views
just wanted to say high - 03/12/2009 03:37:45 PM 246 Views
I think it seems kind of a silly waste of government power... - 03/12/2009 12:27:29 AM 249 Views
It's not the government that did it. *NM* - 03/12/2009 12:29:35 AM 120 Views
*re reads* Oh. I guess it's really power to the people over there - 03/12/2009 12:35:59 AM 227 Views
Unfortunately, sometimes... *NM* - 03/12/2009 12:15:29 PM 146 Views

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