Ban on Minarets from the Standpoint of Swiss Constitutional Law and Public International Law (Jus Cogens)

Abstract

The Swiss vote on the 29th of November, 2009 turned the popular initiative against constructing minarets into a law with a 60% majority of voters. The vote reflects xenophobia and the negative image of Islam or Islamophobia held by the proponents of the initiative. This article deals at the same time with the Swiss Constitutional Law aspects and Public International Law issues, notably the conflict with some of its peremptory norms (jus cogens).

Note: Downloadable document is in French.

Keywords: Referendum, Jus Cogens, Freedom of Religion, Prohibition of Religious Discrimination

JEL Classification: K33