Switzerland’s Federal Council announced Friday that they are proposing a ban on Nazi symbols following a rise in antisemitism.
In a press release, the Council said that they are opening a consultation on a new law that will first consider Nazi symbols but will extend to ban other extremist symbols in the future. According to the statement, symbols such as the swastika, Hitler salute, and modified symbols such as the letter codes “18” and “88” (with few exceptions), are to be included in the ban.
The council cited a sharp increase in antisemitic incidents in Switzerland as the reasoning behind the proposal. Last week, for example, several antisemitic incidents were reported in Zürich, including physical attacks.
Justice Minister Beat Jans stated that Switzerland “must never tolerate racism and antisemitism, not in our democratic, liberal society. That is a firm belief of the Federal Council.”
The debate on banning Nazi symbols in Europe is part of the larger debate on punishing genocide denial and hate speech. While there have been disagreements on complications that such laws could bring to the freedom of expression, in international law there is a distinction between freedom of expression and incitement to hatred. Article 18 of the International Covenant on Civil and Political Rights, for example, which covers the freedom of religion or belief, contains limitations as safeguards to protecting public safety, order, health, morals, and the fundamental rights and freedoms of others.
Similarly, the European Convention on Human Rights Article 9, advocates for limitations on the freedom to manifest one’s beliefs to ensure public safety, order, health, morals, and the protection of the rights and freedoms of others.
Article 10 of the European Convention on Human Rights endorses limitations on freedom of expression as long as they are in the interests of public safety, the prevention of disorder, or the protection of the rights of others.