E/CN.4/1991/56 page 48 may be the subject of a public-law action before the Federal Tribunal (OJ, art. 81, para. 1) after exhaustion of internal remedies under cantonal law (OJ, art. 86) and if the alleged unconstitutionality cannot be submitted by any action or other means to the Federal Tribunal or another federal authority (OJ, art. 84, para. 3 ) . Constitutional rights aim first and foremost at protecting individuals against violations of their rights by the State. Protection of persons in their relations as individuals is ensured, in principle, by civil and criminal law. However, the Federal Tribunal has acknowledged that freedom of religion has both a negative and a positive function (ATF 97 I 230). The negative function lies in prohibiting unjustified police restrictions on freedom of religion. The positive function requires the State to intervene if the practice of a religion is impeded by a third party. Failure to intervene does not mean that there has been an inherent violation of freedom of religion, but constitutes a denial of justice, which can in turn form the subject of a public-law action. Article 9 of the European Convention on Human Rights (ECHR), which was ratified by Switzerland in 1974, protects freedom of thought, conscience and religion. The rights guaranteed by the European Convention are directly applicable and, depending on their nature, have constitutional ranking (ATF 106 la 406). Hence they too can be the subject of a public-law action. Furthermore, the decisions of the Federal Tribunal may be appealed upon individual petition to the European Commission of Human Rights, which may lead to a judgement by the European Court of Human Rights (ECHR, art. 25 et seq.). whose jurisdiction Switzerland has declared that it recognizes as legally binding over all cases involving the interpretation and application of the Convention (ECHR, art. 4 6 ) . " Tunisia "In view of the extensive legislative framework for preventing acts of intolerance and discrimination based on religion or belief, defending the rights of victims of such acts is an easy task. Persons guilty of offences in this field, as stipulated in the Penal Code, are prosecuted directly by the Department of Public Prosecutions, which automatically initiates public proceedings. In cases of offences under the Press Code, proceedings for abuse and slander are generally initiated only on the complaint of the person abused or slandered. Nevertheless, when the abuse or slander is directed against a group of persons belonging to a particular race or religion for the purpose of inciting hatred among citizens or inhabitants, proceedings may be initiated automatically by the Department of Public Prosecutions (Press Code, art. 72). Regarding compensation for material and moral harm sustained by the victim, it is obvious that the victim is entitled to bring criminal indemnification proceedings (Code of Criminal Procedure, arts. 7 and 37). He is also entitled to take civil proceedings directly in a civil court to obtain compensation.