Freedom of religion and assembly applies to everyone – kath.ch
Media Release: Two Free Evangelical Churches are appealing to the Geneva court after their requests for permission to baptize on public beaches were denied. A decision is expected in a few weeks. The Swiss Evangelical Alliance (SEA-RES) and its Geneva section, the Réseau évangélique de Genève (REG), express their solidarity with the two churches. They are appalled that Geneva – the human rights capital – is taking such a restrictive and exclusionary approach to religious freedom.
According to a tradition well established in evangelical free church circles, which is based on the public baptisms of the New Testament, churches organize ceremonies for the baptism of adults by immersion every year on Lake Geneva. In the past, these peaceful ceremonies, often held on Sunday mornings when there is little activity, have enjoyed express or tacit approval from the authorities. This is no longer the case as of this summer: two Evangelical Alliance member churches were recently denied permission to celebrate their baptisms on public beaches.
An intolerant practice at odds with religious freedom
According to the Law on the Laicism of the State (Loi sur la Laïcité de l’Etat, LLE), religious events on public land may only be authorized in exceptional cases.[1] After it came into effect, however, the canton promised that it would take a “tolerant approach” and continue to allow traditional lake baptisms.[2] In addition, after a complaint in 2019, the Canton of Geneva Judicial Court was of the opinion that the approval of cult events “only in exceptional cases” represented a “disproportionate restriction that was hardly compatible with federal jurisprudence”.[3] At the end of 2021, the Federal Supreme Court removed the term “exceptionally” from the Laicism Act and recalled that freedom of belief guarantees the right to collectively manifest one’s religion in public.[4]
Implementing ordinance to the secular law in question
In its negative replies to the two free churches, the state refers to the implementation of the implementing regulation of the secular law (Règlement d’application de la LLE). This was originally intended to determine which communities would continue to benefit from voluntary contributions from Geneva taxpayers. Now this regulation, with its procedure of registration with the state, is also becoming a prerequisite for access to other rights, such as access to public grounds for cult events. However, such a practice is at odds with international standards on religious freedom: Indeed, the exercise of religious freedom, including freedom to manifest the common belief and in public, is a fundamental right. Their exercise must not be subject to any state registration process.
Regional and national Evangelical Alliances provide support
The Geneva (REG) and the Swiss Evangelical Alliance (SEA-RES) express their support and solidarity with the Free Churches in Geneva affected by the new interpretation of the LLE. “We regret that Geneva is trampling on its tradition of tolerance and damaging its reputation as the capital of human rights,” confirms Stéphane Klopfenstein, Deputy Director of the RES. Regarding the lawsuit filed by the two churches in the Geneva court, REG President Thierry Bourgeois states: “We rely on the judiciary and are confident that they will remind the State of Geneva of its obligations.”
UN Human Rights Council will be informed of ongoing steps
The issue of religious freedom and access to the public sphere in the canton of Geneva was also the subject of a section in the report, which was submitted today to the United Nations Human Rights Council in anticipation of the Universal Periodic Review of Switzerland in 2023. This joint report by SEA-RES and Freikirchen.ch is also supported by the European and World Evangelical Alliances. He is also concerned with that solidarity crime and the Tax exemption of voluntary donations to religious organizations.
[1] “Art. 6 Religious manifestations of nature, cult and non-cult
1. Les manifestations religieuses cultuelles se deroulent sur le domaine privé.
2. A titre exceptionnel, les manifestations religieuses cultuelles peuvent être autorisées sur le domaine public. Dans ces cas-là, les dispositions de la loi sur les manifestations sur le domaine public, you 26 June 2008, s’appliquent.
3. Les manifestations religieuses non cultuelles sur le domaine public sont soumises aux dispositions de la loi sur les Manifestations sur le domaine public, 26 June 2008.
4. L’authorité compétente tient compte des risques que la manifestation peut faire courir, à la sécurité publique, à la protection de l’ordre public, ou à la protection des droits et libertés d’autrui.»
[2] cf. “Le Courrier” of September 17, 2019: “Bénédiction de l’Etat aux baptêmes dans le lac”: https://lecourrier.ch/2019/09/17/benediction-de-letat-aux-baptemes-dans-le-lac/
[3] see. https://evangelique.ch/laicite-un-jugement-favorable-a-la-liberte-religieuse/
[4] cf. Federal Supreme Court, 2C_1079/2019, judgment of December 23, 2021, A. and B. against the Grand Council of the Republic and Canton of Geneva: https://entscheidsuche.ch/view/CH_BGer_002_2C-1079-2019_2021-12-23 and “Tribune de Genève” of January 10, 2022: “Coup de canif dans la loi genevoise sur la laïcité”: https://www.tdg.ch/nouveau-coup-de-canif-dans-la-loi-genevoise-sur-la-laicite-621713370050