E/CN.4/1991/56
page 47
Swaziland
In its general reply to the questionnaire, the Government of Swaziland
has indicated that there were no administrative bodies that play a role in the
protection of freedom of religion and belief.
"The Swedish Penal Code contains regulations which serve to sanction the
protection against persecution or discrimination on the grounds of religion or
belief. In short, the stipulations imply the following: according to
Chapter 16, Section 4 of the Penal Code, a person can be sentenced for
disturbing or trying to interfere with a public religious service or other
public devotional exercises. This stipulation does not only cover the
services of the Church of Sweden, but also comparable public meetings of other
religious denominations.
If a person publicly or otherwise in a statement or another communication
threatens or expresses contempt for an ethnic group or other such group of
persons with allusion to race, skin colour, national or ethnic origin or
religious creed, he or she shall be sentenced for agitation against ethnic
groups (Penal Code, Chapter 16, Section 8 ) .
If a businessman in the conduct of his or her business discriminates
against someone on the ground of his or her race, skin colour, national or
ethnic origin or religious creed by refusing to deal with him or her under the
same conditions as the businessman applies to others in the conduct of his or
her business, he or she shall be sentenced for unlawful discrimination. The
same applies to organizers of public assembly or entertainment (Penal Code,
Chapter 16, Section 9 ) .
Violations of these provisions are sanctioned through criminal procedures.
In terms of public activity there are additional institutions of
control. Public power shall according to the Constitution be exercised with
respect for the equal worth of all human beings and for the freedom and
dignity of the individual. An official in public service that violates
someone by disregarding his or her rights and freedoms can subjected to
disciplinary actions by the public employer. The Parliamentary Ombudsman (JO)
and the Chancellor of Justice (JK) may call attention to violations by public
servants of rights and freedoms protected by the Constitution. In some cases
even criminal prosecution may be initiated.
An Ombudsman Against Ethnic Discrimination (DO) was established through
the Act to Counteract Ethnic Discrimination (1986). The Ombudsman's duties
are concerned with matters of both individual and general nature. (For more
information see the above mentioned memorandum)."
Switzerland
"Freedom of conscience and belief (art. 49 of the Federal Constitution),
and freedom of religion (art. 50 of the Federal Constitution) are of
constitutional standing. Under the Federal Courts Organization Act (OJ),
violation of these constitutional rights through cantonal decrees or decisions