Facts
The case concerns the Free Public School of Fribourg, a public school recognized by the Canton of Fribourg, which was originally founded as a Reformed private school. The Canton of Fribourg issued a decision that access to this school shall be possible without further ado only for Reformed children residing in the school district. Other children can only attend the school with the approval of the school inspector, whereby the municipalities of residence can demand school fees in these cases.
The complainants, who have children of other faiths at the Free Public School of Fribourg, filed a constitutional appeal against this decision. They allege a violation of freedom of belief and conscience, freedom of language, equality before the law, and Article 27 paragraphs 2 and 3 of the Federal Constitution.
Considerations
The Federal Court upholds the appeal. It states that the Free Public School of Fribourg, as a public school within the meaning of Article 27 paragraph 3 of the Federal Constitution, must observe the principle of confessional neutrality. A system with confessionally separated public schools contradicts this principle and is therefore unconstitutional.
Even if…