GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
7
“‘Racism’ shall mean the belief that a ground such as race, colour, language,
religion, nationality or national or ethnic origin justifies contempt for a person or a
group of persons, or the notion of superiority of a person or a group of persons....”
The relevant part of the Explanatory Memorandum to ECRI’s General
Policy Recommendation No. 7 stated as follows:
“6. In the Recommendation, the term ‘racism’ should be understood in a broad
sense, including phenomena such as xenophobia, antisemitism and intolerance. As
regards the grounds set out in the definitions of racism ..., in addition to those grounds
generally covered by the relevant legal instruments in the field of combating racism
and racial discrimination, such as race, colour and national or ethnic origin, the
Recommendation covers language, religion and nationality. The inclusion of these
grounds ... is based on ECRI’s mandate, which is to combat racism, antisemitism,
xenophobia and intolerance. ECRI considers that these concepts, which vary over
time, nowadays cover manifestations targeting persons or groups of persons, on
grounds such as race, colour, religion, language, nationality and national and ethnic
origin. As a result, the expressions ‘racism’ and ‘racial discrimination’ used in the
Recommendation encompass all the phenomena covered by ECRI’s mandate.”
19. The relevant parts of ECRI’s Fourth report on Switzerland
(CRI (2009) 32), published on 15 September 2009, read as follows:
“III. Racism in political discourse
... 88. ECRI is deeply concerned at the changes in the tone of political discourse in
Switzerland since the publication of its previous report. These changes are very
closely linked to the growth of the UDC party (Union démocratique du centre/SVP
Schweizerische Volkspartei). In the latest parliamentary elections at federal level, the
UDC obtained the highest score: 29% of the votes. With 62 elected members of the
National Council – the second chamber of parliament – (55 during the 2003
parliamentary term), the UDC now occupies a significant position in Swiss politics.
This party alone has made “foreigners” its key issue. The programme, positions,
campaigns, posters and other material produced by the party are described by all
anti-racism experts as xenophobic and racist....
94. ECRI is pleased to note that the federal authorities regularly and openly oppose
various parliamentary motions and requests for referenda launched or supported by
the UDC, explaining that they infringe or are likely to infringe human rights, as in the
case of the request for a referendum intended to ban the construction of minarets. The
Swiss people themselves, although 29% voted for this party, reject some of its more
extreme positions in referenda. The Federal Commission against Racism, the Federal
Commission for Migration Issues and other bodies constantly warn the general public
about this threat to the country’s social cohesion.
95. ECRI reiterates that unrestrained racist and xenophobic political discourse
inevitably leads to a range of serious consequences – some of which can already be
observed in Switzerland – including ill-conceived proposals which could
disproportionately affect particular groups or their capacity for exercising their human
rights in practice. Such discourse risks the undermining of social cohesion and an
incitement to racial discrimination and racist violence....
V. Vulnerable / Target groups
... 119. In particular, ECRI is concerned to learn that, in recent years, some political
parties, including the UDC, have considerably exploited and encouraged prejudice
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