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In a unanimous chamber decision on 10 January 2017, the
European Court of Human Rights ruled that states had a wide margin of discretion with regard to the balance between religious freedom and the state's wish to educate pupils according to their tradition and needs. It put emphasis on the fact that
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they did not qualify for an exemption from swimming lessons under Swiss law. In 2011 the parents brought a case in a local court, which dismissed their claims, and in 2012 a Swiss federal court likewise dismissed the case with a finding that the parents' right to freedom of religion had not been
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The case concerned parents of
Turkish origin and Muslim faith, residing in Switzerland, who refused on religious grounds to permit their two daughters (born 1999 and 2001) take part in compulsory swimming lessons at their public school because in their view mixed-gendered swimming violated the
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and to change their clothes in a room with no boys present. It further found that it was important for social integration, particularly for children of foreign origins, that pupils take full part in their education and not be exempted because of their parental background.
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ECHR 005 (2017): "By refusing to exempt two Muslim pupils from compulsory mixed swimming lessons, the Swiss authorities had given precedence to the children's obligation to follow the full school curriculum and had not infringed the right to freedom of
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The court thus found that the Swiss authorities had been within their rights when they fined the girls' parents, also saying that the fine in this case was proportional to the aim pursued and not an unduly harsh punishment.
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in a chamber judgement concerning whether mandatory mixed-gender swimming for girls against the will of their Muslim parents who objected on religious grounds violated
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requirement in Islam for females to be properly covered in front of males. In 2010, the authorities ordered the parents to pay a fine of 1,400
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by contravening religious freedom. On 10 January 2017 the court unanimously found that the convention had not been violated.
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in the opinion of the court the school had shown flexibility by offering to allow the girls to swim in
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209:"European Court Rejects Muslim Parents' Complaints About Mixed Swim Lessons In Schools"
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HUDOC. EN FAIT. I. LES CIRCONSTANCES DE L'ESPÈCE. Paragraph I, B. nb. 21.
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HUDOC. EN FAIT. I. LES CIRCONSTANCES DE L'ESPÈCE. Paragraph I, A. nb. 14.
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HUDOC. EN FAIT. I. LES CIRCONSTANCES DE L'ESPÈCE. Paragraph I, A. nb. 13.
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HUDOC. EN FAIT. I. LES CIRCONSTANCES DE L'ESPÈCE. Paragraph I, A. nb. 8.
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As a chamber judgment, the result may be appealed to the Grand
Chamber.
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ECHR, Press release by the
Registrar of the Court. (10.01.2017)
86:"ECHR: Swiss Muslim girls must attend mixed-sex swimming lessons"
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European Court of Human Rights cases involving
Switzerland
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Article 9 of the
European Convention on Human Rights
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105:"Islam, modesty and mixed bathing: Osmanoğlu"
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196:AFFAIRE OSMANOĞLU ET KOCABAŞ c. SUISSE
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