ECHR: complaint against Switzerland’s constitutional ban on minarets is inadmissible

By J.C. von Krempach, J.D. | July 8, 2011

On 29 November 2009, Swizerland held a popular referendum on a draft constitutional provision that prohibits the construction of minarets. 57.5% of those voting supported the initiative. Since the results were positive in 17 cantons and five half-cantons, the constitutional amendment was approved. The new Article 72, paragraph 3, of the Constitution reads as follows: “The building of minarets is prohibited.”

The European Court of Human Rights (ECtHR) has now declared inadmissible two applications in which the applicants submitted that the prohibition on building minarets amounted to a violation of religious freedom and to discrimination on the ground of religion. The decision is final.

The Court noted that the applicants had not argued that they might be envisaging building a mosque with a minaret in the near future. They had therefore not shown that the constitutional provision in question was likely to be applied to them. The mere possibility that that might happen at some point in the more distant future was not sufficient in the Court’s view. Accordingly, since the applications were solely intended to challenge a constitutional provision applicable in a general manner in Switzerland, the Court considered that the applicants had not shown that there were any highly exceptional circumstances capable of conferring on them the status of potential victims.

Share on Facebook
Share on Twitter