欧洲人权法院判决，瑞士穆斯林女学生以宗教信仰为由，不愿与男同学一起上游泳课的诉讼败诉

 

（中央社记者江今叶布鲁塞尔10日专电）欧洲人权法院今天判决，瑞士穆斯林女学生以宗教信仰为由，不愿与男同学一起参加游泳课的诉讼败诉，认为参加正当课程并不违反宗教自由。

这项判决是一对居住在瑞士巴塞尔（Basel）的穆斯林夫妇不希望2名女儿和其他男生一起参加游泳课，认为这违反宗教自由，因此告上当地法院，败诉后上诉瑞士最高人权法院，再度败诉后再提到欧洲人权法院（ECHR）。

不过欧洲人权法院今天判决，支持巴赛尔当地法院判决，认为让所有的学童学会游泳至关重要，正当课程的参与并不违反宗教自由。

欧洲人权法院并裁定给予这对父母1400瑞士法郎罚款是公平的，这是为了确保这对父母让孩子参与强制性课程，「这是为了他们的自身利益，也是为了社会化与一体化」。

随着穆斯林社群人口大幅增加，穆斯林攻击事件频传，宗教自由与社会安全的平衡是近几年来欧洲各国政府必须仔细评估的议题。

继法国、荷兰等国之后，德国也考虑有条件禁止穆斯林女性在公家机构、学校或法庭等公开场合穿戴布卡（burqa）。奥地利外交部长库尔茨（Sebastian Kurz）日前也表示，考虑禁止包括老师在内的公务员，在工作时穿戴穆斯林头巾。

不过库尔茨的这项政策立即遭来当地穆斯林团体的抨击，奥地利女性穆斯林（IMOe）主席拉维（Omar Al-Rawi）就指控他的这项政策是出于他自身政治利益考量，这是对穆斯林女性的歧视，她必将抗争到底。奥地利穆斯林宗教社群（IGGiOe）也指控这项政策传达错误讯息，是反整合、歧视的作法，要求奥地利政府撤回这项政策，否则将影响未来该组织与政府间的合作。1060110

 

Swissinfo.ch:

European court upholds mandatory swimming lessons for Muslim girls

 

Jan 10, 2017 - 11:01

 

The European Court of Human Rights has upheld a decision by Swiss authorities to fine a Muslim couple who refused to allow their daughters to attend mandatory swimming classes during school hours. 

 

In 2010, the parents - Swiss nationals of Turkish origin - were fined CHF1,400 ($1,382) in the first move of its kind after they withdrew their daughters aged seven and nine from the school swimming lessons. They also lost their appeal at a cantonal administrative court a year later.

 

The Basel court stated that it was greatly “in the public interest that all children, including girls of the Muslim faith, go to school swimming lessons”. This was not only so that they should learn to swim but also because such lessons encouraged socialisation and integration, it continued.

 

Sound legal basis

 

The European Court of Human Rights' decision described the parents as “fervent practitioners of the Muslim religion”.

The parents had said it was against their religious convictions to send their children to mixed swimming classes and that it violated Article 9 of the European Convention on Human Rights on the freedom of religion. They argued the school had rejected their request for their daughters to attend single sex swimming classes in another school.

In their defence the parents said although the Koran does not call for the female body to be covered until puberty, their beliefs “required them to prepare their daughters for precepts that would be applicable from puberty”. The burkini would not help solve the problem because it would stigmatise their daughters, they said.

The court noted that while the decision “constituted an interference with the freedom of religion”, it nevertheless considered swimming lessons part of the compulsory school curriculum in the canton and this obligation “was based on a sufficiently sound legal basis”. 

It ruled that the “consequences of the measure were mitigated by the accompanying measures (changing rooms and separate showers, and the wearing of the burkini)”.

This was not the first time that Swiss courts had to intervene in such issues. In 2015, a district court in canton St Gallen had fined a Muslim man, a Bosnian national, for refusing to let his daughters attend school swimming lessons. He too lost his appeal in a cantonal court a year later.

 

http://www.swissinfo.ch/eng/integration_european-court-upholds-swimming-lessons-for-muslim-girls-/42823882

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