The Prohibition on the Construction of Minarets in Switzerland vs Freedom of Religion in Europe: Legal, Political and Social Aspects

Abstract

The article shows the problem of the collision between freedom of religion in Europe and the political mechanism of direct democracy. The author analyzes this problem by the example of the case of the prohibition on the construction of minarets in Switzerland and examines its legal, political and social aspects. In the article is considered in detail the concept of freedom of religion in modern Europe, including its positive and negative aspects. In the article is explored the possibility of limiting the freedom of religion, protected by international law, on the part of the state. In the article is also analyzed the functional structure of the mechanism of direct democracy in Switzerland. The author explores the legal status of the swiss popular initiative «against the construction of minarets” and notes its incompatibility with international law. According to the author, in modern Europe there is a value conflict between supporters of the priority of human rights, and adherents of the priority of the concept of unlimited direct democracy, which can violate basic human rights. The author does not see in modern Europe an effective way to solve this collision. In the article are examined in detail the political and social reasons, because of that some swiss political forces consider this state as a special case in modern Europe. The author concluded that the process of internal value integration has not yet been completed in modern Europe.