Women's suffrage decision
| Federal court decision | |
|---|---|
| Department | I. public law |
| Date of judgment: | November 27, 1990 |
| Publication in the official collection: | BGE 116 Ia 359 |
| Subject: | Political rights |
In the women's suffrage decision of November 27, 1990, the Swiss Federal Court unanimously held in public that women in the canton of Appenzell Innerrhoden were entitled to political rights. The right to vote for women was thus introduced in the last canton by way of jurisdiction by the highest court.
considerations
At the federal level, women's right to vote was introduced in 1971 by means of a referendum. Ten years later, equality between men and women was enshrined in Article 4 BV. Article 74 paragraph 4 BV (old), which contained a reservation for cantonal (and communal) voting rights, remained unchanged.
The canton of Appenzell Innerrhoden was the last canton to deny women the right to vote in cantonal matters. Accordingly, Article 16 of the cantonal constitution reads as follows: "At rural parishes and at municipal assemblies, all compatriots residing in the canton and other Swiss citizens are entitled to vote, provided they are 20 years of age and entered in the electoral register." An amendment to the cantonal constitution that would have given "all Swiss citizens residing in the canton" the right to vote was rejected on April 29, 1990 by the rural community .
Based on a voting rights complaint filed by Theresia Rohner from Appenzell in 1989 and further complaints based on the decision of the regional municipality, the Federal Court had to examine whether the cantonal constitutional provision violated the federal constitution. Based on a constitutional interpretation including the principle of equality, it interpreted “compatriots” and “Swiss”, contrary to the cantonal practice prevailing at the time, in such a way that women were also included.
The result of the federal court decision was welcomed, but criticized by the doctrine because of the inconsistent reasons for the judgment.
Effects
The Federal Supreme Court ruled that women should be granted voting rights in cantonal and communal matters with immediate effect. In the next Appenzell Innerrhoder Landsgemeinde on April 28, 1991, women took part for the first time.
literature
- Giovanni Biaggini : The introduction of women's suffrage in the canton of Appenzell I.Rh. by virtue of the Federal Supreme Court's constitutional interpretation . Law (Journal for Legal Education and Practice) 1992, pp. 65ff.
- Etienne Grisel: Commentary on Article 74 BV (old) . As of May 1995.
Web links
- Landsgemeinde Appenzell 1990: No to women's right to vote and suffrage , review on Swiss radio, April 29, 2015
- Innerrhoder Landsgemeinde votes against women's suffrage , Swiss television, April 1989
sources
- ↑ Vöchelig damaged. The last bastion of male rule fell in the conservative Appenzell Innerrhoden . In: Der Spiegel . No. 49 , 1990 ( online ).
- ^ Federal Supreme Court orders women to vote. (Video) (No longer available online.) SF DRS, November 27, 1990, formerly in the original ; Retrieved November 13, 2011 . ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ BGE 116 Ia 361
- ↑ Biaggini, 1990, cf. under literature
- ↑ Grisel, 1995, cf. under literature
- ↑ April 28, 1991: For the first time women in the Innerrhoder Landsgemeinde. SF DRS, accessed November 16, 2011 .
