Exemption from religious songs and events in school

Facts

The Federal Court had to rule on a complaint by parents and grandparents of three children of Palmarian faith, who requested an exemption from religious songs and events as well as from excursions to religious places of worship in primary school. The children belong to the Christian Palmarian Church of the Carmelites of the Holy Face, which understands itself as the only remaining part of the true Catholic Church. The parents and grandmother argued that their faith prohibited them from singing Christian songs and visiting places of worship of other denominations.

The lower court, the Cantonal Court of Fribourg, had dismissed the complaint and found that singing was part of music lessons and that these belonged to compulsory school education. Christian songs also counted as cultural assets to be conveyed. The complainants requested the Federal Court to overturn the decision of the Cantonal Court and exempt the children from religious songs and events as well as from excursions to religious places of worship.

Considerations

The Federal Court examined whether the contested orders were justified by a sufficient public interest and proportionate. It found that freedom of religion not only protects the beliefs held by the majority of a religious community or its governing bodies, but also those of minorities or individuals.

The court concluded that the complainants' freedom of belief and conscience were restricted because they did not want to be confronted with the religious acts of others. However, it also found that freedom of religion does not grant a claim to a general exemption from all hours in which religious songs are sung and from all school excursions to religious sites.

The Federal Court ruled that the complainants had no constitutional…