Quote:
Originally Posted by Kamui4356
An earlier ban on minarets at the canton level was deemed unconstitutional. Whether this being a full popular vote on a national level makes it constitutional is something beyond my limited knowledge of the Swiss legal system.
|
Actually the whole affair was a bit more complicated, akin to a table tennis game between the public and all the judicial instances:
- In Wangen bei Olten, a permit to add over their community center a 6m minaret was asked by the local muslim community.
- As in every building permit procedure, a mast was erected to show to the neighborhood how it will impact the area.
- Peoples of the neighborhood, displeased with it, manifested their opposition as is usual in building procedure, gathering in an association, appealing to the municipality.
- The municipality ruled in favor of the minaret, considering the opposition was only fueled by religious concerns, as advocated by the muslim community.
- The local opposition association appealed to the cantonal (state) tribunal which ruled in it's favor.
- The muslim community appealed to the federal tribunal which ruled in it's favor.
- Consequently the minaret was erected on the community center.
- A precedent being set, muslim communities from other small municipalities applied for the addition of minarets to their community centers.
- Citizens from over the country, displeased by this chain of events, gathered into a Popular Initiative Commity, and started gathering signature for a Popular Innitative amending the Constitution to ban the construction of minarets in the country, valid signatures were gathered in a sufficient number in due time, enabling it for a votation, which occurred the 29th november 2009, seeing it pass with 57% and double majority of the people and cantons.
Quote:
Originally Posted by Autumn Demon
How comprehensive was this ban on minarets? Did it define what a minaret is?
As a non-religious person, a minaret is just a cool looking tower with historical significance to me. I wonder what would happen if someone built a minaret-looking tower in Switzerland but didn't call it a minaret nor let it be used for religious purposes.
This ban on minarets goes beyond just freedom of religion to infringe the freedom of expression (of architects) and equality (of towers (yes, towers have rights too!)).
The Swiss Constitution is 197 articles so I'll stop here. :O :O :O :O
|
Actually Swiss people don't like cool looking towers in their country. And there is no such thing as freedom of architectural expression here, far from it actually, every construction has to abide strict building regulations and go trough the scrutiny of the neighborhood.
Even within the larger cities, Swiss construction is characterized by it's limited heigth, sobriety in the choice of shape and material: in one word, lack of impact. Here , our existing natural, agricultural and urban landscape are considered almost sacred, as reflected in our legislations.
For example, to protect the typical swiss countryside, cultivators are given incentives to maintain their small sized lots, and we are spending fortunes to bury our highways in trenches.
I might add that there is no infrigement over religion freedom, as minarets are not essential to religious practice, especially when they are silent, defeating their original purpose.