EMRK-Freundlichkeit der Bundesverfassung kritisch beleuchtet

Abstract

Switzerland is generally considered to be ECHR-friendly. The Convention does play an important role concerning constitutional review in the context of fundamental rights protection. However, challenges to Switzerland’s European Convention on Human Rights (ECHR)-friendliness regularly arise in the form of popular initiatives that are problematic from a human rights perspective. The Swiss Federal Supreme Court (FSC) is generally cautious and reserved when resolving conflicts between domestic law and the ECHR, although approaches vary between the FSC’s different sections. Differences can also be found in the application of the principle that certain kinds of claims will only be examined if the applicants have properly invoked and substantiated them, as per Art. 106(2) of the Law on the Federal Tribunal.