1. Introduction

The Swiss Federal Constitution does not expressly mention the protection of religious symbols. However, the basic legal framework reads in Article 15(2): ‘All persons have the right to choose their religion or philosophical convictions freely, and to profess them alone or in community with others’.[1] The question whether a religious symbol can be seen as a specific profession of faith has per data received little court attention. In fact, neither Swiss written law, nor judicial laws of precedence define absolutely what constitute religious symbols. Until now, the issue has been raised under the laws of special status (Sonderstatusrecht), naturalization, and construction or building. Despite the view that religious symbols are in some instances constitutionally protected, they may still justifiably be limited. This can, inter alia, be the case if a court rules that the fundamental rights of third parties prevail, or the importance of the state’s obligation to exercise its functions impartially is valued above the individual or collective right to profess religion or belief.