In a recent decision, the Federal Supreme Court decided that restricting freedom of religion and conscience in favour of compulsory swimming lessons is proportionate. The case concerned an appeal against the High Court of the Canton of Uri, which had confirmed the decision of a primary school requiring a child to attend swimming lessons. The child’s family belonged to the Palmarian Church and based their request on the strict dress and conduct rules imposed on them by their religion.

The Federal Supreme Court examined the restriction on freedom of religion and conscience and concluded that swimming lessons not only contribute to the integration and equal opportunities of children, but also fulfil ‘an important socialising function’. A conflict with the rules of the religious community (including excommunication) is not sufficient to justify a claim for exemption from swimming lessons. In this regard, the Federal Supreme Court refers to earlier judgments concerning exemptions from swimming lessons for members of other religious communities.

Interestingly, in 2012 the Constitutional Court of the Principality of Liechtenstein allowed such an exemption for children from a family belonging to the Palmarian Church, having found that social integration was not as necessary for those children as it was for foreign children. However, the Federal Supreme Court did not adopt this view in the present decision.

Statement from the Federal Supreme Court