6
GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
becomes, in one sweeping judgment, the symbol of a will to power which, according
to the supporters of the initiative, calls into question fundamental rights guaranteed by
the Constitution, for instance gender equality. The text suggests that part of a religious
building is a risk to society. All Muslims are therefore criticised for dishonest and
even unlawful behaviour. However, such reproaches are contradicted by the facts.
The initiative against the construction of minarets ...
...breaches fundamental and human rights
3. The intitiative violates the freedom of religion guaranteed by human rights and
the liberty of conscience and faith guaranteed by the Federal Constitution (Article 15).
A prohibition on constructing minarets limits the rights of Muslims to practise their
religion alone and in community with others. No public interest justifies such a
restriction ....
The initiative against the construction of minarets ...
... fuels fear and creates insecurity
6. The initiative fuels fear among members of the majority population and among
minorities. Muslims are and feel limited in exercising their rights. There will be a
greater feeling of insecurity in Muslim communities because they will wonder about
the extent of the restrictions. Moreover, the supporters [of the initiative] fuel fears by
talking about ‘rampant Islamisation’ which represents a danger for the country. They
completely ignore the fact that in Switzerland there is no serious problem of the
integration of Muslims as far it concerns the practice of their religion.
The initiative against the construction of minarets ...
...is an obstacle to integration
7. Spreading stereotypes encourages discrimination on an everyday basis. Young
people looking for a place to learn are pushed to the sidelines if they have a name that
makes people think they are Muslims because of a fear they will cause problems.
Muslims are insulted in public or excluded by their neighbours, who fear them.
Repeated instances of discrimination make young people less disposed to integrate ...”
17. The website of the Swiss Federal Commission against Racism has a
“Definition of Racism”, which reads as follows:
“Despite numerous studies on the subject, to date there is no universally accepted
definition of racism. The one used most frequently is that of the French sociologist
Albert Memmi:
‘Racism is a generalising definition and evaluation of differences, whether real or
imaginary, to the advantage of the one defining or deploying them, to the detriment of
the one subjected to the act of definition, whose purpose is to justify hostility or
privilege.’...
In addition to this strict definition of the term, which particularly applies to classic
pseudo-biological racism, there is also racism in the wider sense, which relies on
cultural, psychological, social or metaphysical arguments. ...”
18. In its General Policy Recommendation No. 7, adopted on
13 December 2012, the European Commission against Racism and
Intolerance (ECRI) gave the following definition of racism:
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