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.
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.
—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.
It seems the Swiss ban on muslim minarets has passed rather quietly
02/12/2009 04:15:22 PM
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I mostly support the Swiss decision. As from my comment at Der Spiegel,
02/12/2009 05:54:11 PM
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Re: I mostly support the Swiss decision. As from my comment at Der Spiegel,
02/12/2009 06:23:09 PM
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I understand the first in Qatar was built in 2003.
02/12/2009 10:11:31 PM
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So you ban the steeples where church bells are not needed?
02/12/2009 07:19:16 PM
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I would take an equal line against steeples where there is no bell/or no bell allowed to be used.
02/12/2009 08:29:21 PM
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Does anyone know the legal effect of this referendum?
02/12/2009 10:00:54 PM
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It's Switzerland. Their referendums are binding.
02/12/2009 10:07:52 PM
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Do the Swiss think they live in 5th-century BC Athens or something?
02/12/2009 10:11:29 PM
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Switzerland is odd in a great many ways.
02/12/2009 10:14:26 PM
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Actually, I think I meant the European Court of Human Rights, not the ECJ.
02/12/2009 10:16:38 PM
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Yeah, but does that one have any power?
02/12/2009 10:17:54 PM
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ECHR Article 9 – Freedom of thought, conscience and religion
02/12/2009 10:52:35 PM
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I feel like I'm missing something in this debate
02/12/2009 11:21:03 PM
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The latter.
02/12/2009 11:22:49 PM
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Huh, that's bizarre
02/12/2009 11:39:03 PM
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It's coming from a party...
02/12/2009 11:42:49 PM
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sicherheit schaffen, that's great!
03/12/2009 12:00:00 AM
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I don't really see a problem with it
02/12/2009 10:09:55 PM
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They pretty much have.
02/12/2009 10:16:46 PM
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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
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The Adhan can really get to you
02/12/2009 11:14:47 PM
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I think it seems kind of a silly waste of government power...
03/12/2009 12:27:29 AM
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It's not the government that did it. *NM*
03/12/2009 12:29:35 AM
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*re reads* Oh. I guess it's really power to the people over there
03/12/2009 12:35:59 AM
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