Document Type : Original Article
Authors
1
PhD Student, Department of Public Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran
2
Associate Professor, Faculty of Law and Political Science, Tehran, University of Tehran, Iran
3
Assistant Professor, Department of Law, Faculty of Humanities, Hormozgan, Hormozgan University, Hormozgan, Iran
10.30510/psi.2022.346526.3563
Abstract
During a popular initiative, on December 29, 2009, a ban on the construction of minarets for mosques, and on April 28, 1400, in another popular initiative, a ban on burqa was approved by the majority of voters and the majority of Swiss cantons. The Swiss Constitution was included. The passage of the two bans once again raised the issue of the possibility of majority tyranny and the abuse of minority rights through popular initiative as a tool of direct democracy. This article uses analytical and inferential methods to answer the question of whether these popular initiatives have led to the tyranny of the majority and the violation of the religious rights of Swiss Muslims enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights. According to the findings of this study, the results of the polls related to the popular initiatives of the minaret and burqa have violated the religious freedoms of Swiss Muslims and have also discriminated against Muslims in terms of religious places and type of cover compared to followers of other religions.
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