Switzerland: Last bulwark against the judges

Paul Belien writing at Hudson New York:

On the eve of the referendum, the Swiss Justice Minister Eveline Widmer-Schlumpf had already warned that the ban on constructing minarets might constitute a violation of the freedom of religion as expressed in the Council of Europe’s Convention on Human Rights. Widmer-Schlumpf said that under international law Switzerland is bound by the Convention. However, that is not entirely correct. Unlike the EU countries, Switzerland is not bound by Strasbourg’s interpretation of the COE’s Human Rights Convention.

The Council of Europe (COE) is one of the few international organizations which Switzerland has joined. The Council has the same flag and anthem as the European Union (EU), which for many years was housed on the same premises in Strasbourg, but it is a different organization. Based in Strasbourg, the COE observes whether human rights are respected in Europe. Apart from Belarus, all the European nations – including Russia, the Caucasian states and Turkey – are COE members. While the EU has 27 member states (all of them also COE members), the COE has 47. The COE’s main institution is its court, the European Court of Human Rights.