Who should the public and in a vulgar way, the Faith of others is mocked at God, continue to be punishable by law. The Federal Council does not want to delete the corresponding article in the criminal code. He requested the Parliament, a Motion of the Aargauer GLP-national Council Beat Flat refuse.
Flat calls the article to the disturbance of the faith and religious freedom to repeal. With this religious Beliefs should not be criticized in the same measure to the public how other world-views, justified the advance. He speaks of a blasphemy ban, which was no longer in a secular and liberal state.
Other States have abolished the prohibition of blasphemy, already, Flat, and even the Catholic of Ireland. It was time that Switzerland nachziehe to send a clear signal to those countries on the blasphemy prohibition of religious minorities and secular people persecuted.
Not any ridicule is a punishable offence
The Federal Council writes in its Thursday opinion, published, religious, and ethical questions would be discussed today, free and open. In accordance with the Federal court’s case-law is not every criticism is a punishable offence that could possibly be considered offensive, provocative or mocking. Punishable only those criticism that is directed to scorn and invective, and by the Form or content of the elemental precept of tolerance hurt.
The freedom of expression is a freedom state Central, writes the Federal Council. They did not however apply without restriction. The article offers a set of tools to the peaceful coexistence of different religions. The protection was an expression of the freedom of religion and conscience.
To other countries, the Federal Council notes that a comparison was difficult, if he successes in the context of the respective legal systems. In the Republic of Ireland abolished the constitutional article, for example, went much further than the article in Switzerland.
Mean and maliciously
According to the Swiss article is punished with a monetary penalty, the Beliefs dishonored publicly, and in a vulgar way of the others in matters of faith, especially Faith in God, insulted, or mocked, or objects of religious veneration.
criminal offences, also, who prevents a Constitution is guaranteed by the culture to act maliciously, disrupts or publicly mocks and he who dishonours a place or an object of maliciously designed for a constitutionally guaranteed education, or for such a religious act.
another part of article 161 of the criminal code relates to the racial discrimination. This part to be Flat to maintain full. On the Motion, the Parliament will decide. (anf/sda)
Created: 21.02.2019, 16:20 PM