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neither freedom of conscience and belief nor freedom of worship. Article 49,
paragraph 2, of the Federal Constitution contains an absolute prohibition on
compelling an individual to belong to a church (ATF 101 la 379), anyone who
wishes to leave a church may do so at any time, without being subjected to an
irksome or unduly protracted procedure (ATF 104 la 79). With regard to
article 50 of the Federal Constitution, the Federal Tribunal, in hearing a
case in which prison authorities scheduled religious service for members of
official churches but did not do so for Muslim prisoners, said as follows:
'Recognition of one religious community as the official church may not be a
criterion for the admissibility of a collective religious service.
In so far as the decision to deny Muslim prisoners the celebration of
their Friday prayer is based on the fact that the Islamic community does not
enjoy public law status, it is seen to be incompatible with the freedom of
worship guaranteed by article 50 of the Federal Constitution.'
A popular initiative presented on 17 September 1976, requesting that the
cantons should have their sovereignty in ecclesiastical matters withdrawn and
that a federal constitutional rule should impose on them the complete
separation of State and Church was rejected by a large majority of the people
and by all the cantons."
Tunisia
"Neither legislation nor practice in Tunisia make distinctions
between religions and sects in the respect and protection due to them.
There is no text determining the legality or otherwise of religions.
Religions gain acceptance on their own merits and compel respect by their
origin and by the holy books which sanctify them.
However, because of their very structure, religious associations are
subject to the Associations Act of 7 November 1959 and amended by the Act of
2 August 1988.
This Act sets out the conditions for the establishment and existence of
associations and also concerns foreign associations set up or engaged in any
activity in Tunisia.
In order for it to be lawful, the association must not have an object or
a purpose which is contrary to the law and public morals or which infringes
public order or undermines national territorial integrity and the republican
system.
The founders and leaders must not have been convicted for a crime or
offence against public morals (art. 2 of the Act).
They are required to deposit at the head offices of the governorate
(Regional Administration) or those of the delegation (Subregional
Administration) in which the registered office of the association is located,
a statement simply giving the name of the association, its object, its purpose
and its head office, together with an administrative file.