SRF readers split over European court rulings against Switzerland

Two recent rulings by the European Court of Human Rights have divided SRF’s “dialog” community over whether Switzerland should follow the court’s decisions, SRF reports. In a non-representative poll, 48 percent of participants said it should, while 50 percent disagreed.

At the end of October, the court found that Switzerland had violated Brian Keller’s right to a fair trial. In early November, it ruled that Swiss courts had not adequately protected the right to strike of former employees of a hospital in Neuchâtel.

Some contributors said the rulings showed the need for independent oversight. “The European Court of Human Rights is independent and weighs its judgments carefully,” wrote a user called “Poetische Denkerin,” arguing that its rulings should carry more weight than those of the Swiss Federal Supreme Court. Another contributor said international review was particularly important because Switzerland has no constitutional court.

Others saw the rulings as excessive interference. A contributor using the name “Keine Ahnung” argued that the court, originally intended as a counterweight to despots, was increasingly influencing political developments in functioning democracies. “Hans Reutegger” criticised the ruling on the strike case, saying that a European court had intervened years later and that the public would ultimately bear the costs of proceedings and compensation.

Some participants also questioned whether Switzerland should always follow European rulings. One contributor said that European legal standards could theoretically offer useful guidance, but warned against following them without qualification. Others argued that Swiss judges’ cultural background could influence how they interpret the law, and welcomed an international perspective as a counterbalance.

Supporters of the court also noted that Switzerland’s voters had approved and ratified the European Convention on Human Rights, accepting the role of an international judicial body.

Tags: European Court of Human Rights, Switzerland, SRF