religious freedom in Switzerland
faith and conscience, freedom in Switzerland by the Constitution and the European Convention on Human Rights guaranteed the fundamental right to give.
Base constitutional
The Swiss Federal Constitution (FC) saves the faith and freedoms mentioned in Article 15:
"1The levies fixed beliefs and freedom of conscience is guaranteed.
2Jede person is entitled to their own religion and their ideological conviction to choose freely and alone or in community with others to confess.
3Jede person has the right to join a religious community or religious affiliation and follow the lessons.
4Niemand may be forced to participate in a religious community or of belonging, a religious act or to follow religious teachings. "Subject protection
Under the concept of religion is part of Switzerland, according to law and legal doctrine" all belief, based on the divine human relationship, to transcendence, and philosophical dimensions. Even atheism is taken for granted.
Protecting the right to express religious views and to disseminate a religious belief with other abuses, according to his religious beliefs to live the related acts, rules and religious communities. Article 15 paragraph 4 shall include freedom BV bad religion. As a result, the state is not one at the mouth of a religious community for its ability to pay taxes to a Jewish religious community, he belongs to, or engaging in religious activities such as school prayer, worship or religious Eid force field. Moreover, religious instruction in public schools neutral, especially the Bible classes as an optional drawer separated from the rest of giving lessons. The Supreme Court has held crucifixes in the classrooms of an elementary school as a breach of the duty of religious neutrality in public schools (ATF 116 Ia 252ff.).
Limitations
Freedom of religion under Article 36 May BV - like all other liberty rights also - under certain conditions, be limited (this detail: Fundamental Rights (Switzerland)). Therefore, the use of public roads for the culture acts as a transport police procession from the grounds will be limited (ATF 108 Ia 41). Also permitted are offices of the police regulations Hausierens with religious writings (ATF 56 I 431).
the Federal Court the jurisdiction to assess - in contrast to the majority of legal doctrine and the jurisprudence of the German Federal Constitutional Court - the church tax for legal entities such as the constitution (eg, ATF 126 I 122, 125ff.). According to federal court are more general cantonal Taxation of individuals for the amount to be paid for contributions to churches (eg, pastor salary) to be financed with local taxes, the payment of an appropriate size, however, be denied (ATF 107 bis, 126, 130).
Article 261 of the Penal Code qualifies the fault of the Jewish faith and freedom of infringements. According to Article 20, f. Animal Welfare Act (TSG) is a prohibition of trees without stunning, the import of meat geschächtetem, however, is allowed (Article 9, paragraph 1 STG). Restrictions on freedom of religion and conscience can be made also to Article 59, paragraph 1 BV cockpit for male citizens, military or alternative civilian service by do.
Historical Development in the Federal Constitution of 1848 was the only recognized religious freedom granted to Christians.
With the partial revision of the Federal Constitution of 1866 was the Jews in Switzerland and freedom of establishment and the full exercise of civil rights granted. This collaboration has occurred in all cantons in force, with the exception of the Canton of Aargau, where they are only on 1 January 1879 was accepted. In
completely revised federal constitution of 1874 was the freedom of religion was introduced in the field today. However, a number of provisions except: E 'was the order of the Jesuits is prohibited, as is the foundation of new monasteries and religious. Citizens spiritual state, including the Reformed pastors were ordained, they were surprised by the election of the National Council excluded. The creation of the dioceses in Switzerland to approve the federal government.
The prohibition and the convent of the Jesuits in 1973, repealed the article. The Constitution of 1999 was the exclusion of the clergy has fallen from Nationalrat. The diocese, however, was article in the new Constitution (Article 72, paragraph 3 BV) and only in a referendum on June 10, 2001 repealed.
On 1 May 2007 has been collecting signatures for Minarettinitative start, that the construction wants to constitutionally ban of minarets. Critics see this proposed rule in an unreasonable restriction on freedom of religion.
In the canton of Zurich, since 2009 the new school year the school theme "Religion and Culture" was introduced. The curriculum, explains the history and traditions of the great religions, but can be secular viewpoints excluded. Critics see it as a violation of the Constitution, guaranteed by law, not religion to follow.
Bibliography
- Ulrich Haefelin / Walter Haller: Swiss Federal Law, 6 Edition, Schulthess Zürich 2005, p. ISBN 3-7255-4907-9 124 ss
- Marco Jorio: Notwithstanding, in: Historisches Lexikon der Schweiz (HLS), version of November 18, 2007
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