Moves towards Authentic Freedom. Church and State in Switzerland, and Beyond (original) (raw)
Related papers
Religion and the Secular State in Switzerland
2019
Religion and the Secular State in Switzerland I. INTRODUCTION Today, Switzerland is a secular state in which state and religion are in principle separated. This does not mean, however, that religion is totally banned from public law. On the cantonal level, the state acknowledges a privileged status to different important religious communities. Moreover, the state reacts to the rise of religious plurality. It tries to solve the legal and factual problems which occur due to the emergence of non-western religious communities. The focus of the state policy is to a lesser extent on the laity of the state than on the religious neutrality; in areas which are of interest for the state, it cooperates with the religious communities. The present contribution explains the basic norms concerning the regulation of the relationship of the state and the religious communities in the Swiss Confederation. Along with the description of the current development and some exemplary court decisions these norms will illustrate the secular state's position concerning religious matters. II. HISTORICAL AND SOCIAL CONTEXT Like elsewhere, the constitutional law on religious matters in Switzerland is the result of a long historical development. It responds to more recent denominational developments as well. Without any claim of completeness, this paper begins with a few references to the historical development. This may provide for better understanding of the current system. At the beginning of the 16 th century, the Swiss Confederation consisted of a conglomerate of brought to you by CORE View metadata, citation and similar papers at core.ac.uk provided by RERO DOC Digital Library 2 autonomous counties which were connected by a network of alliances. 1 Depending on their positions, these counties were either fully autonomous or only allocated. Other parts of today's Switzerland were tributary districts of one or several of these counties. Until the end of the Middle Age, people in the counties naturally identified with the one and only Christian church. The splitting of belief of the churches in the wake of the Reformation was an important test for the system of alliances of the Confederation. Some of the counties turned to the Reformation, whereas others stayed with the old belief. To solve the conflict of belief in the common tributary districts, the first Landfriede (land peace) was concluded in Kappel near Zurich in 1529. This grew from the religious principle of territorial exclusivity (cuius regio, eius religio). The denominational variation among groups from from county to county was recognized on the level of the constitution. The living together of the two Christian denominations in the tributary districts nevertheless led to several armed conflicts. The complete constitutional equality of the two denominations (parity) in the tributary districts was not established until the fourth Landfriede (land peace) of 1712. In the fully autonomous counties, however, the denominational exclusivity remained until the end of the old Confederation in 1798. Whoever did not want to be part of the official religion could move away, but had to leave his possessions. Only a few protestant counties mercifully granted an ius emigrandi. Even until 1847, denominational disputes led to armed conflicts
Churches and Federal State in Europe: the paradigm of Germany and Switzerland
Stato, chiese e pluralismo confessionale, 2011
Facing a renewed role of religion in the public square, we can say that Germany and Switzerland are facing off a “positive secularism“ which implies, for the State legal system and for its institutions, the respect of religious facts, having its embodiment in the neutral and pluralistic acceptation of cultural differences and aiming at shaping their coexistence and the construction of their meaning. Positive secularism implies that the factual presence of religious confessions in the civil society is an essential condition to the positive start of a process of "secularisation of secularism", implying first of all the overcoming of political hegemony on every dimension of human experience - thing to which any thought open to the hypothesis of transcendence can effectively contribute. According to this concept, the secularism of a democratic State must free itself more and more from any ideological assumption, in order to open to cultural and religious pluralism and to let this pluralism become an instrument of promotion of the development of a person. For this reason, the State ruled by positive secularism cannot be completely indifferent to the religious phenomenon - even if it guarantees the free practice of religion by individuals - and only qualify confessions as simple expressions of the associative autonomy of private citizens.
"Church and State in the Swiss Reformation"
Calvin Theological Journal, 2021
"Church and State in the Swiss Reformation," Calvin Theological Journal 56, no. 1 (April 2021): 11-36. The Swiss Reformation represents an intriguing crucible for both theoretical and practical manifestations of the perennial challenges of the relationship between church and state. Although many influential interpretations of the Reformation view it essentially as a liberation of the individual conscience from external control, the views of the magisterial reformers in Switzerland shared many points of fundamental agreement with the dominant tradition of the medieval tradition as well as the contemporary Roman Catholic church. A survey of the confessional standards in the Swiss context and its neighbors shows elements of continuity with the received tradition as well as diversity within Reformed confessional identity. The models of church and state associated with Zurich and Geneva can help to identify nuances and differing emphases. At the same time, the variety of Reformed approaches to the relationship of church and state-including church discipline and excommunication-provide important insights into the challenges of pluriformity not only in an early modern European setting but for succeeding eras as well.
Religions 2021, 12(4), 234., 2021
This text offers a careful description and sociological analysis of two legal innovations undertaken to govern religious diversity (in 2007 and 2019) in the neighboring Swiss cantons, Vaud and Geneva. Although the two cantons have very similar social and cultural conditions, they offer legally opposite solutions—one based on a notion of secularity implying separation, the other favoring recognition of religious diversity. The author argues that beyond an initial appreciation in terms of differences, the two cases are surprisingly similar in their logic of recognition, revealing a sense of deep suspicion towards religious diversity. Drawing on the concept of “recognition” as a multi-dimensional concept including legal, civic, and intimate/person levels and more importantly, on a Foucauldian perspective, this text concentrates on how control is involved at a practical level beyond the rhetoric of empowerment.
The Public Funding of Religious Groups in Switzerland: Problems ad Issues in the European Context
2016
In Switzerland, the public funding of religious groups is actually under discussion. It supports only the groups which have the legal status of public law corporations, while, in a secular state, it seems that any privilege for some Churches should be abolished, or at least reduced so as not to hinder the equality in the freedom of all religions. The book focuses on this discussion, with a comparative outlook to the Europe as a whole. It covers in particular the public funding of the religious groups in the Republic of Ticino, in which the system is very complex and the tool of the Church Tax is only a residual financing instrument.
Politics and Religion, 2019
Establishment of churches is a central feature of the church-state regime in most European countries, and understanding the nature of such privileges is of key importance for both theoretical and political reasons. Yet, there is little empirical research on how establishment influences the organizational behavior of congregations. This article looks at this question by focusing on one relationship in one geographical context: we investigate whether establishment suppresses the political activities of congregations in Switzerland or not. We identify mechanisms that might lead establishment to suppress the political activities of congregations, and other mechanisms that might enhance such activities. We use representative National Congregation Study Data from Switzerland. Our results are unequivocal: establishment does not suppress the political activities of congregations. The level of establishment of the canton has no significant impact either on established congregations or on the religious field as a whole. Rather than establishment, important determinants of the political activities of congregations are religious tradition and income.
1987
This study seeks to describe the nature and extent of current relations between the Church of England and the British state. At the same time, to give depth of field, it looks at analogous arrangements in Scotland and in other European countries, especially in Scandinavia where the relationship between church and state has been historically particularly close. The study shows that in England, although the church/state relationship has greatly changed over the years, what remains is more than an inconsiderable residue. Being confined to a mapping exercise, the study does not enter into argument about the merits of the arrangements or the options for change. It follows that it is not concerned, for example, with questions of disestablishment. On the other hand, it does show that such disestablishment as has occurred-in Ireland and Wales-does not provide viable models for similar initiatives in England. All of us are also most appreciative of all those who took time to comment on previous drafts of the text. In every case their observations improved accuracy and enriched understanding.