SHARIAsource

In November 2009, Switzerland passed a popular referendum prohibiting the construction of minarets. In response, Mr. Ouardiri, a Muslim living in Switzerland, challenged the legality of the ban in the European Court of Human Rights (ECtHR). Mr. Ouardiri alleged that the ban violated his rights under Article 9 of the European Convention on Human Rights (ECHR), which guarantees religious freedom, as well as Article 14, providing that no one can be discriminated on the grounds of religion. The Court declined to rule on the merits of the case, holding that Mr. Ouardiri neither qualified as a direct, indirect nor potential victim of the minaret ban.

After fleeing worn-torn Syria, a married Syrian Sunni couple, a fourteen-year old woman, A, and twenty-one-year old man, H, arrived in Germany. Because A was a minor, Child Protective Services assumed legal guardianship over A, which H subsequently contested. As a result, A and H were allowed to spend weekends together. Child protective services, however, sought to assume full custody over A, thereby prohibiting any further interaction between A and H. The Higher State Court of Bamberg determined that according to Germany’s civil code (BGB) § 1633, stating that a married minor may decide herself where she would like to live and with whom she wants to interact, Child Protective Services may remain the legal guardian of A but cannot control where she lives.