A Muslim father, the singing of his three sons from the Christmas Tasting in the school of instruction held, has been fined. Compulsory to attend the rehearsal in a Church did not violate the right to freedom of religion and conscience, was the Zurich high court.
With the recently published decision the Supreme court confirmed a judgment of the district court of Dietikon, against the man's appeal was filed. The father violated his legal parental obligations, which imposed on him the responsibility for the fulfilment of the school obligation.
The Muslim had requested in November 2016, the school, to dispense his sons from the Christmas singing, and also of the two-hour rehearsal. Both events were held in a Church Christmas pageant in the recreation, the sing sample during the lessons.
The School Board decided to dispense with the children from the Christmas sing, but not from the sample. In addition, you introduced free the children, the songs to sing along with a Christian content. Because the father did not go to his sons, yet in the trial, he was fined by the at a district with 500 francs.
violations of the religious freedom claims
The man struggled against the buses in vain before the district court and then before the Supreme court. He claimed that the decision of the School had violated his right to freedom of religion and conscience, as it is enshrined in the Federal Constitution and in the European Convention on human rights.
He did not want to keep his children from other religions remote, he said in the course of the procedure. The Singing of Christian songs in the premises of a Church, going for him but too far. The samples will be equate to sing the actual Christmas, which the children had been dispensed.
This could not apply to the chief judge. An "obvious violation" of the faith-article of the Federal Constitution could not be identified. Moreover, Dispensations from the lessons to be grant according to the Federal court only with reluctance.
Differentiated dispensation decision
The school care have shown with their differentiated dispensation decision that you are employed and proportionality exercise was the application of the accused in detail. A misuse of power is therefore also not apparent.
The top court ruled that the fault of the man, however, as "very easy". It was only a one-time violation of the compulsory education and not to the regular Absence of certain subjects.
in Addition, the motive of the accused have neither the financial nor selfish in nature, but is based on ideological Beliefs. The high court reduced the lower court confirmed buses to 300 francs. The judgment is final.
Created: 07.03.2019, 17:39 PM