IX Международная студенческая научная конференция Студенческий научный форум - 2017

At the moment Switzerland is a secular state in which state and religion are in principle separated. This does not mean, however, that religion is totally banned from public law. On the cantonal level, the state acknowledges a privileged status to different important religious communities. Moreover, the state reacts to the rise of religious plurality. It tries to solve the legal and factual problems which occur due to the emergence of non-western religious communities. The focus of the state policy is to a lesser extent on the laity of the state than on the religious neutrality; in areas which are of interest for the state, it cooperates with the religious communities.

In the Age of Reformation, Switzerland was a «hot spot». Though there were quite some differences in doctrines, all Swiss church reformers were more radical than Germany's Martin Luther or the English reformation (Anglicans). In the 16th century, Switzerland was - politically - not yet a federal state but rather a loose confederation of independent cities and valleys. This meant that the decision whether to take part in the church reform of the 16th century or to stay with the Roman Catholic church and the pope was not taken on a «national» level but rather by the regional political authorities. Until today reformed churches in Switzerland are not united, but there are mainstream reformed churches in most Swiss cantons [federal states].

While Switzerland's most influential church reformer Zwingli and Germany's Luther would not agree on a common doctrine and creed, Zwingli's successor Heinrich Bullinger did formulate a common Swiss creed in 1564 that was accepted not only by all mainstream Reformed Churches in Switzerland but also in Scotland (Knox), Hungary and by the Presbyterian Church (U.S.A.). Nevertheless Reformed Churches in Switzerland do have different convictions about major theological issues like the interpretation of the Lord's Supper and the doctrine ofpredestination.

A Zurich based team of scholars was the first to publish a complete German bible translation (the so-called Zurich Bible) in 1529, five years before Luther's Wittenberg Bible.

The reformation split Switzerland into two blocks: while the big independent cities of northern and western Switzerland (Zurich, Basel, Bern, Geneva, Schaffhausen, St. Gallen) converted to the new creed and forced their subject territories to do the same, the more rural areas of central Switzerland including their inofficial capital Lucerne remained Catholic. Disputes over religion and some political issues Zurich's church reformer Zwingli was very committed to personally even led to four civil wars in Switzerland in 1529, 1531 (Zwingli died on the battlefield of Kappel), 1556 and again in 1712.

According to the effective Federal Constitution (hereafter “Constitution”), which entered into force in 2000, the following applies: The relationship between the churches and the state is governed by the cantons. The federal state itself does not have a religion and does not favor any religion. On this level, the state and religion are in principle separated. The preamble of the Federal Constitution indeed starts with the invocation of God (“In the name of God Almighty!”). This is supposed to point out the existence of a higher power besides the people and the state. The invoked God must not only be understood in its Christian meaning; nor shall thus be founded a Christian state. The separation of the state and religion is not explicitly mentioned in the Constitution, but is derived from the freedom of religion which is protected directly on the level of the Constitution like the other fundamental rights. According to Article 15 of the Constitution, the freedom of religion and conscience is guaranteed.

In Switzerland, apart from the freedom of religion, which has been developed by the Swiss Supreme Court, the majority of the state church law is cantonal law. Therefore, with 26 cantons, we have 26 different systems of state church law. Politicians adhere to the cantonal sovereignty in this matter; this policy finds its justification in the small-area spaces and the considerable linguistic and cultural differences between the cantons. However, the basic allocation of competences cannot prevent the Confederation from legislating on religiously relevant issues like pastoral care in the army, development aid, or asylum and refugee laws.

RELIGIOUS FREEDOM

Paragraph 1: Freedom of religion and conscience is guaranteed.

Paragraph 2: Everyone has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others/

Paragraph 3: Everyone has the right to join or to belong to a religious community, and to follow religious teachings.

Paragraph 4: No one shall be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.

Statistics polls of 1950 and 1960 did only count five choices of religions: Protestants, Roman Catholics, Old (dissident) Catholics, Jews and "other religions".

20th century immigration from far away countries has lead to an increase of the number of different religions as well as an increase of the number of inhabitants adhering to such non-traditional religions. The communities of immigrants are free to exercise their religions. While religions don't play a major role in Swiss society anymore in general, they are considered to be an important factor in giving smaller communities of immigrants and their children an identity.

Roman Catholicism

Roman Catholicism tends to be associated with conservatism and the preservation of traditional values, including regional autonomy and commitment to the local community. The strongly Roman Catholic cantons include Uri (more than 90 percent), Schwyz and both Nidwalden and Obwalden, the Alpine cantons which took the 1291 oath of confederation, regarded as the foundation of modern Switzerland. They joined together at that time to assert their rights to rule themselves in the face of outside powers. Today these are the areas which vote most strongly against any moves they believe could bring Switzerland closer to its neighbours and threaten its neutrality.

The Roman Catholic church in Switzerland is unusual in that the secular authorities in ten Catholic cantons have an important say in the nomination of bishops. This is the result of an agreement between the Pope and the participating cantons in 1828.

After many years in which Protestants were the majority in Switzerland, Roman Catholicism again became the largest religious group around the middle of the 20th century, as a result of immigration from Catholic countries.

Protestantism

Geneva became a stronghold of Protestantism. These refugees in turn made an important contribution to the city's intellectual and economic life. Protestants valued rationality and hard work, and saw wealth as a reward from God, an ethos which helped lay the foundations of modern Swiss prosperity.

The 1848 constitution which created the federal Swiss state as we know it today, was drawn up by Protestant radicals who saw greater centralisation as essential to develop an industrialised economy. The federal state created a single currency system to replace the different cantonal currencies, and lifted internal trade barriers.

Other religions

• The Jewish community

Belongs to the religions that have been present in Switzerland for almost 2000 years, but the Jewish minority has always been small. During all these centuries severe restrictions concerning professions and residence have been imposed on Jews (as in most other European countries). Only in 1866 Jewish citizens were granted full rights to settle anywhere in Switzerland and to practise any profession. The Jewish community belongs to the religions that have been present in Switzerland for almost 2000 years, but the Jewish minority has always been small. During all these centuries severe restrictions concerning professions and residence have been imposed on Jews (as in most other European countries). Only in 1866 Jewish citizens were granted full rights to settle anywhere in Switzerland and to practise any profession.

•  

  • Buddhism

Buddhismcame to Switzerland with refugees from Tibet in 1959, Switzerland was the only European country to grant asylum to 1000 Tibetian refugees. The Buddhist Tibetians have kept up their religious traditions, the community has grown to about 2000 persons over the years and nowadays there is even a buddhist monastery in Switzerland. There are only very few native Swiss people confessing to be Buddhists, however. The number of Buddhist refugees is quite small and they practise their religion in their private homes. So for most Swiss people Buddhism still belongs to the religions they know very little of

• Islam

Until the 1970's there were hardly any Muslimsin Switzerland. But since then, immigration from Turkey, Bosnia, Albania, Kosovo and Northern Africa has increased substantially and today there is a noticeable Islamic community in the country. Muslims have become the third largest religion and have surpassed three of the five traditional religions (dissident Protestants and Catholics as well as Jews).

• Orthodox and other Christians

The new focus of immigration since the 1970's has also resulted in a significant increase in the number of Orthodox Christians. There are only few Orthodox church buildings, however. Often the various Orthodox denominations (Serbian, Russian, Greek) may use Protestant or Catholic churches. So do other small minorities like the Anglicans (mostly British and American immigrants).

• Hinduism

Finally, Hinduismcame to Switzerland with Tamil refugees in the late 1970's and 1980's. On sundays, many Tamil refugees can be seen at places like Einsiedeln and Mariastein. Maybe the special atmosphere of these classical Catholic pilgrim churches reminds them of Hindu temples in their native country. One might take this as a sign of peaceful coexistence between religions in Switzerland.

References:

1. Маклаков В.В. Иностранное конституционное право. М.: Юристъ, 1996 г. - 512с.

2. Мамедзаде А.А. Свобода совести. Истоки, становление, правовая охрана. С.-Пб.: Юрид. центр Пресс, 2013. - 568c.

3. Фляйнер Л. Федерализм и многоэтничные государства: швейцарская модель. Казань 2004. – 212с.

4. Агрономов, В. В. Страны мира: Справочник 1999. Под общ. Ред. И.С. Иванова. – М.:Республика, 1999. – 512с.

5. Петров И. Очерки истории Швейцарии. Екатеринбург, 2006. - 986с.

Код для цитирования: Скопировать