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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 609 Views
This is surprising. - 02/12/2009 04:19:03 PM 350 Views
Not here, it certainly hasn't. - 02/12/2009 04:34:55 PM 356 Views
Nor here. It's all over our news. *NM* - 02/12/2009 10:01:57 PM 154 Views
I mostly support the Swiss decision. As from my comment at Der Spiegel, - 02/12/2009 05:54:11 PM 363 Views
Re: I mostly support the Swiss decision. As from my comment at Der Spiegel, - 02/12/2009 06:23:09 PM 340 Views
I understand the first in Qatar was built in 2003. - 02/12/2009 10:11:31 PM 318 Views
Yes, with no steeple and no bell! - 03/12/2009 12:48:12 AM 337 Views
Ah yes, now that you mention it. - 03/12/2009 12:52:26 AM 326 Views
see here is what i dont get - 03/12/2009 05:21:10 AM 320 Views
I saw it posted elsewhere - 02/12/2009 06:09:33 PM 311 Views
Does anyone know the legal effect of this referendum? - 02/12/2009 10:00:54 PM 338 Views
It's Switzerland. Their referendums are binding. - 02/12/2009 10:07:52 PM 346 Views
Do the Swiss think they live in 5th-century BC Athens or something? - 02/12/2009 10:11:29 PM 338 Views
Switzerland is odd in a great many ways. - 02/12/2009 10:14:26 PM 348 Views
Actually, I think I meant the European Court of Human Rights, not the ECJ. - 02/12/2009 10:16:38 PM 342 Views
Yeah, but does that one have any power? - 02/12/2009 10:17:54 PM 351 Views
ECHR Article 9 – Freedom of thought, conscience and religion - 02/12/2009 10:52:35 PM 423 Views
I feel like I'm missing something in this debate - 02/12/2009 11:21:03 PM 304 Views
The latter. - 02/12/2009 11:22:49 PM 345 Views
Huh, that's bizarre - 02/12/2009 11:39:03 PM 325 Views
It's coming from a party... - 02/12/2009 11:42:49 PM 417 Views
sicherheit schaffen, that's great! - 03/12/2009 12:00:00 AM 314 Views
I'm hoping you mean great in the bad way. - 03/12/2009 12:05:30 AM 341 Views
Re: I'm hoping you mean great in the bad way. - 03/12/2009 02:03:33 AM 326 Views
Thank you, I guess? - 03/12/2009 12:14:08 PM 328 Views
I don't really see a problem with it - 02/12/2009 10:09:55 PM 330 Views
They pretty much have. - 02/12/2009 10:16:46 PM 345 Views
that was kind of my thought - 03/12/2009 12:17:23 AM 307 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 353 Views
Several points... - 03/12/2009 07:15:17 PM 344 Views
The Adhan can really get to you - 02/12/2009 11:14:47 PM 408 Views
At least that one can sing. - 02/12/2009 11:24:03 PM 339 Views
Re: At least that one can sing. - 02/12/2009 11:41:20 PM 332 Views
just wanted to say high - 03/12/2009 03:37:45 PM 331 Views
I think it seems kind of a silly waste of government power... - 03/12/2009 12:27:29 AM 325 Views
It's not the government that did it. *NM* - 03/12/2009 12:29:35 AM 155 Views
*re reads* Oh. I guess it's really power to the people over there - 03/12/2009 12:35:59 AM 296 Views
Unfortunately, sometimes... *NM* - 03/12/2009 12:15:29 PM 178 Views

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