Fabienne Bretscher | University of Zurich, Switzerland (original) (raw)

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Papers by Fabienne Bretscher

In a recent judgment (http://hudoc.echr.coe.int/eng#{), the ECtHR found that the refusal to grant... more In a recent judgment (http://hudoc.echr.coe.int/eng#{), the ECtHR found that the refusal to grant Muslim students exemption from mandatory swimming classes in Swiss public schools did not amount to a violation of the right to freedom of religion guaranteed by Article 9 ECHR. In its decision, the ECtHR emphasised the important role of public schools in the process of social integration into local customs and way of life. After giving an overview of the facts of the case as well as the ECtHR's judgment, the present post sheds some light on the background of the issue of Muslim students' participation in mandatory swimming classes in Switzerland and argues that, with its decision, the ECtHR is (again) reinforcing and legitimising intolerance against Muslims. The Facts of the Case The applicants are parents of three daughters, which were born in Switzerland in 1999, 2001 and 2006. They are both of Turkish origin and have immigrated to Switzerland at the age of ten, respectively twenty-one. Based on their Muslim beliefs, the applicants refused to let their two older daughters, who at that moment had not yet reached puberty, participate in mandatory mixed-sex swimming classes. The applicants stated that, although the Koran only required the covering of the female body starting from puberty, they followed an Islamic-oriented upbringing, which obliged them to prepare their daughters to these religious precepts already before puberty. Even though the children could wear a so-called burqini during the lessons, the parents saw the participation as against their (strict) religious beliefs. After some attempts of conciliation, the applicants were imposed a fine of CHF 1,400 for not fulfilling their parental responsibilities.

Published in E. M. Belser and B. Waldmann (eds.) Mehr oder weniger Staat? Festschrift für Peter H... more Published in E. M. Belser and B. Waldmann (eds.) Mehr oder weniger Staat? Festschrift für Peter Hänni zum 65. Geburtstag (Stämpfli, 2015), 481-493.

Published in (2014) Österreichisches Archiv für Recht und Religion 430-445.

Mögliche Menschenrechtsverletzungen durch international tätige Firmen sind nicht nur für ausländi... more Mögliche Menschenrechtsverletzungen durch international tätige Firmen sind nicht nur für ausländische Behörden ein Thema, sondern auch die Schweiz wird zunehmend damit konfrontiert.

Conferences by Fabienne Bretscher

Paper presented at the EUREL Conference 2016 Governance and Religion in Europe at the University ... more Paper presented at the EUREL Conference 2016 Governance and Religion in Europe at the University of Luxembourg, September 2016.

Paper presented at the 2016 Association of Human Rights Research Institutes (AHRI) Conference 50 ... more Paper presented at the 2016 Association of Human Rights Research Institutes (AHRI) Conference 50 Years of the Two UN Human Rights Covenants: Legacies and Prospects in Utrecht, September 2016.

Paper presented at the First Annual Summer School on Legal Pluralism and Human Rights, Centre for... more Paper presented at the First Annual Summer School on Legal Pluralism and Human Rights, Centre for Comparative Constitutional Law and Religion, University of Lucerne, July 2016.

Paper presented at the 2015 Association of Human Rights Research Institutes (AHRI) Conference at ... more Paper presented at the 2015 Association of Human Rights Research Institutes (AHRI) Conference at the Belgrade Centre for Human Rights, September 2015.

Poster presented at the 10th Annual International Graduate Legal Research Conference, King’s Coll... more Poster presented at the 10th Annual International Graduate Legal Research Conference, King’s College London, April 2016.

Paper presented at the First Workshop on Global Approaches to Law and Culture at the Second Unive... more Paper presented at the First Workshop on Global Approaches to Law and Culture at the Second University of Naples in May 2015.

In a recent judgment (http://hudoc.echr.coe.int/eng#{), the ECtHR found that the refusal to grant... more In a recent judgment (http://hudoc.echr.coe.int/eng#{), the ECtHR found that the refusal to grant Muslim students exemption from mandatory swimming classes in Swiss public schools did not amount to a violation of the right to freedom of religion guaranteed by Article 9 ECHR. In its decision, the ECtHR emphasised the important role of public schools in the process of social integration into local customs and way of life. After giving an overview of the facts of the case as well as the ECtHR's judgment, the present post sheds some light on the background of the issue of Muslim students' participation in mandatory swimming classes in Switzerland and argues that, with its decision, the ECtHR is (again) reinforcing and legitimising intolerance against Muslims. The Facts of the Case The applicants are parents of three daughters, which were born in Switzerland in 1999, 2001 and 2006. They are both of Turkish origin and have immigrated to Switzerland at the age of ten, respectively twenty-one. Based on their Muslim beliefs, the applicants refused to let their two older daughters, who at that moment had not yet reached puberty, participate in mandatory mixed-sex swimming classes. The applicants stated that, although the Koran only required the covering of the female body starting from puberty, they followed an Islamic-oriented upbringing, which obliged them to prepare their daughters to these religious precepts already before puberty. Even though the children could wear a so-called burqini during the lessons, the parents saw the participation as against their (strict) religious beliefs. After some attempts of conciliation, the applicants were imposed a fine of CHF 1,400 for not fulfilling their parental responsibilities.

Published in E. M. Belser and B. Waldmann (eds.) Mehr oder weniger Staat? Festschrift für Peter H... more Published in E. M. Belser and B. Waldmann (eds.) Mehr oder weniger Staat? Festschrift für Peter Hänni zum 65. Geburtstag (Stämpfli, 2015), 481-493.

Published in (2014) Österreichisches Archiv für Recht und Religion 430-445.

Mögliche Menschenrechtsverletzungen durch international tätige Firmen sind nicht nur für ausländi... more Mögliche Menschenrechtsverletzungen durch international tätige Firmen sind nicht nur für ausländische Behörden ein Thema, sondern auch die Schweiz wird zunehmend damit konfrontiert.

Paper presented at the EUREL Conference 2016 Governance and Religion in Europe at the University ... more Paper presented at the EUREL Conference 2016 Governance and Religion in Europe at the University of Luxembourg, September 2016.

Paper presented at the 2016 Association of Human Rights Research Institutes (AHRI) Conference 50 ... more Paper presented at the 2016 Association of Human Rights Research Institutes (AHRI) Conference 50 Years of the Two UN Human Rights Covenants: Legacies and Prospects in Utrecht, September 2016.

Paper presented at the First Annual Summer School on Legal Pluralism and Human Rights, Centre for... more Paper presented at the First Annual Summer School on Legal Pluralism and Human Rights, Centre for Comparative Constitutional Law and Religion, University of Lucerne, July 2016.

Paper presented at the 2015 Association of Human Rights Research Institutes (AHRI) Conference at ... more Paper presented at the 2015 Association of Human Rights Research Institutes (AHRI) Conference at the Belgrade Centre for Human Rights, September 2015.

Poster presented at the 10th Annual International Graduate Legal Research Conference, King’s Coll... more Poster presented at the 10th Annual International Graduate Legal Research Conference, King’s College London, April 2016.

Paper presented at the First Workshop on Global Approaches to Law and Culture at the Second Unive... more Paper presented at the First Workshop on Global Approaches to Law and Culture at the Second University of Naples in May 2015.