Swiss minaret appeal goes to European Court

[pampango]

Source: BBC

An appeal against last month's decision by Swiss voters to ban minarets has been submitted to the European Court of Human Rights in Strasbourg. The appeal was lodged by Hafid Ouardiri, an Algerian-born Muslim and a former spokesman for the Geneva Mosque.

Mr Ouardiri wants the court to rule that the ban is incompatible with the European Convention on Human Rights.

The referendum proposal was put forward by the Swiss People's Party (SVP), the largest party in parliament, which said minarets were a sign of Islamisation. Switzerland's federal government had urged Swiss voters to reject it, warning it would contravene religious freedom and human rights and could stoke extremism.

A lawyer for Mr Ouardiri, Pierre de Preux, said the appeal would lead to unusual proceedings in Strasbourg, with both sides effectively opposing the measure backed in the poll.

Read more: http://news.bbc.co.uk/2/hi/europe/8417076.stm

[dipsydoodle]

1. Switzerland isn't in the EU

so I'm not sure that the court can cover this issue.

[Spider Jerusalem]

2. Switzerland is a member of the Council of Europe.

As well as a signatory to the European Convention on Human Rights. So the court has jurisdiction here providing other routes of appeal via the Swiss legal system have been exhausted. (And since Swiss law allows for binding constitutional referenda by plebiscite, and the ban can be considered a fait accompli, then there is no avenue of appeal within Switzerland.)

[totodeinhere]

3. I'm not sure that could enforce any ruling against the will of the Swiss voters. n/t

[Garam_Masala]

4. Switzerland is a soverign country, and Swiss voters have decided

against minarets. Unless the Strasbourg court has a stronger military than
the Swiss military, the court can rule all they want, they have no power
to enforce any ruling against the desires of Swiss citizens..

[Romulox]

5. Not true. If the people of Switzerland have agreed to submit to this court's jurisdiction,

then that is all the power the court needs.

If you think about it, the acceptance of the populace of its basic legitimacy is the primary source of any law's power.

[Garam_Masala]

6. I will bet my paycheck there will be no minarets built in Switzerland

[Posteritatis]

7. Because armies are the only things that matter in international law, right? (nt)

[Garam_Masala]

8. History tells us strong army will always get you what you want ..eom