jus cogens (peremptory norms of international law)

The Swiss have a right to self-determination. This, however, only as far as a popular initiative does not breach jus cogens. So the question is whether the right to freedom of religion, or belief can actually be seen as jus cogens. And if it is regarded as jus cogens will it encompass the right to build a minaret?

The International Court of Justice held that jus cogens are: the prohibition of the use of force, the law on genocide, the principle of racial non-discrimination, crimes against humanity, and the rules prohibiting trade in slaves and piracy. Further, the principle of permanent sovereignty of natural resources and the principle of self-determination enjoy the special status of jus cogens in the Court’s decisions.

In the 24th general comment the U.N. Human Rights Committee held that some of the fundamental norms in the International Covenant on Civil and Political Rights of 1966 possess the legal character and quality of jus cogens. According to the HRC, these peremptory norms include, inter alia, the prohibition to

deny freedom of thought, conscience and religion

and the prohibition

to deny to minorities the right to enjoy their own culture

and to

profess their own religion.

the above might be true. but the question remains whether jus cogens to freedom of religion, or belief encompasses the right to build a minaret. Or in other words, can a minaret really be viewed as the irreducible core of the right to freedom of religion, or belief? So far the irreducible core was interfered if a person was prohibited from changing his religion, or when a person was forced to be member of a particular religous community. But here it regards a tower, just like a church tower. The members of the Muslim community in Switzerland can still worship their religion. The only restriction that they have to come to terms with is the prohibition to build a tower onto their community centre.