Facts
The Canton of Graubünden introduced the provision of school instruction in Rumantsch Grischun on a trial basis. Subsequently, parents of school-age children launched municipal popular initiatives with the aim of abolishing Rumantsch Grischun as the language of literacy and replacing it with the local idiom. In 2011, the Government of the Canton of Graubünden decided that the school authorities can in the future decide on such a change at the beginning of the first primary school class.
As a result, the Grand Council of the Canton of Graubünden enacted Article 32 of the new cantonal School Act, providing a legal basis for the change of school language in Romansh schools. Parents of school-age children then filed a complaint with the Administrative Court and later with the Federal Supreme Court.
Considerations
The Federal Supreme Court first examined the admissibility of the complaint. It concluded that the complainants, as parents of school-age children, are entitled to challenge the violation of municipal autonomy, as this guarantee can have an impact on their legal or factual position.
On the merits, the Federal Supreme Court decided that the municipalities of the Canton of Graubünden have a relatively significant decision-making freedom and thus autonomy in determining the school language. However, Article 32 of the School Act/GR, which excludes a…