Time to abolish our blasphemy article!
The case of the Pakistani woman Asia Bibi shows: blasphemy laws in many states serve to protect the majority religion from criticism and to persecute representatives of religious minorities and non-religious people. Countries like Pakistan, Saudi Arabia and Russia defend their legislation with reference to blasphemy bans in Western countries. It is time to abolish them. The Swiss Freethinkers therefore call on the parliament to purge article 261 of the Swiss Penal Code. A resolution to this effect was passed by the Association’s Grand Committee in Olten on 10 November 2018.
Several Western states have blasphemy bans. While convictions are rare, these anachronistic penal articles should nevertheless be repealed. Only their deletion assures the population the right to free expression of opinion. But the abolition of these prohibitions is not only important for the domestic impact in the respective countries. «It also sends a clear and necessary message to those countries that use blasphemy bans to persecute religious minorities and secular activists,» stresses Andreas Kyriacou, President of the Swiss Freethinkers.
Article 261 of the Swiss Penal Code («attack on the freedom of faith and the freedom to worship») does not directly punish blasphemy, but the mocking of the "the religious convictions of others, and in particularly their belief in God". This results in the highly problematic situation that religious beliefs cannot be publicly criticised to the same extent as political positions and constitutes an unnecessary restriction to the right to freedom of expression. Article 261bis of the Swiss Penal Code («racial discrimination") offers religious communities as well as other groups and their members sufficient protection against threatening statements. Also, the articles StGB 173-177 protect all persons from insults and defamation.
Switzerland should join Ireland, Denmark, France, Norway, Iceland, Malta
In late October 2018, the Irish voted for the removal of the blasphemy ban from their constitution by a two-thirds majority. Before Ireland, Norway, Iceland, Malta, France and Denmark had in recent years removed sections from their penal codes that made blasphemy or violating religious feelings punishable.
In their resolution, the Freethinkers call on the National Council and the Council of States to follow these countries and to purify Article 261. Switzerland would thus be demonstrating a clear commitment to the right to freedom of expression - and would also be helping to stop countries such as Pakistan, Saudi Arabia, Iran and Russia from providing justifications for their laws that are hostile to freedom.
Resolution text in German, French, and Italian; adopted on 10 November 2018
The freethinkers submitted the resolution to the Political Institutions Commissions and the Legal Affairs Commissions of the two cahmbers on 27 November 2018 with a request for examination.