Is the decision to ban the construction of minarets on mosques legal?
Legal experts are now questioning whether the ban conforms to international law, breaching the right to freedom of religion. This decision was adopted through a popular referendum, as a result of Switzerland’s political system of direct democracy. Here’s where it gets tricky: what do you do when a decision taken democratically might violate international law? Switzerland has ratified international treaties reaffirming the right to non-discrimination on the grounds of religion, in article 26 of the International Covenant on Civil and Political Rights as well as the European Convention of Human Rights (Article 9). The United Nations and the Council of Europe have expressed outright concern. Swiss politicians are exploring the option of bringing this case to the European Court of Human Rights (ECHR) but it is not clear that the Court would take the case. Before being able to seize the court, the plaignants must have exhausted the grounds for appeal in their country. However, in Switzerlan
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