In two joint admissibility decisions, the European Court of Human Rights (ECtHR) has refused to admit challenges to the Swiss prohibition on the building of minarets.
Following a referendum in 2009, Switzerland approved a constitutional amendment which banned the building of minarets. Two applications to the ECtHR were brought in December 2009 which challenged this amendment on the basis it breached Article 9 of the European Convention on Human Rights (right to freedom of religion) and Article 14 (right to non-discrimination) and in one case, Article 13 (right to an effective remedy). A Muslim member of the Inter-Knowing Foundation in Geneva brought the first application. The second application was taken by the Swiss Muslim League, the Geneva Muslim Community, the Neuchatel Muslim Cultural Association and the Geneva Muslims' Association.
The ECtHR recalled that an application to their court had to be taken by a "victim" of the alleged breach of human rights. They accepted that a potential victim could also bring an application, for example someone who was required to change their behaviour as a result of the impugned legislation (Dudgeon v. UK, Norris v. Ireland) or who was at risk of being subject to the effects of the impugned legislation (Open Door and Dublin Well Woman v. Ireland).
However in this case, none of the applicants had argued that they envisaged building a mosque with a minaret in the near future. The mere possibility this might happen at a future point did not suffice for the applications to be admitted. The Convention was not designed for an "actio popularis" (action taken on behalf of the people).
Their decisions did not consider the substance of the complaints. The compatibility of the ban with the Convention remains in question.
Click here to read the ECtHR press release on their recent decisions (the cases are currently not yet available in English).