Declaration of Invalidity of the Solothurn Popular Initiative "For Equal Representation of Women and Men in the Cantonal Authorities - Initiative 2001"

Facts

On June 7, 1995, a popular initiative "For Equal Representation of Women and Men in the Cantonal Authorities - Initiative 2001" was submitted to the Canton of Solothurn. The initiative demanded a representation of women and men in the Cantonal Council, Cantonal Government, and cantonal judicial authorities proportionate to their share of the population.

The Cantonal Government requested the Cantonal Council to declare the initiative invalid, as the demanded quota regulation violated federal law. The Cantonal Council followed this request and declared the initiative invalid.

The initiators filed a constitutional complaint against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that the quota regulation demanded by the initiative constituted a disproportionate interference with the prohibition of discrimination enshrined in the Federal Constitution.

The quota regulation went far beyond the goal of the equal opportunity guaranteed in the Federal Constitution, as it aimed to achieve equality of results. Such a rigid quota regulation without consideration of individual qualifications was not proportionate.

Insofar as the regulation…