@article{2023:keller:emrkfreun,
title = {EMRK-Freundlichkeit der Bundesverfassung kritisch beleuchtet},
year = {2023},
note = {Switzerland is generally considered to be ECHR-friendly. The
Convention does play an important role concerning constitutional
review in the context of fundamental rights protection. However,
challenges to Switzerland’s European Convention on Human Rights
(ECHR)-friendliness regularly arise in the form of popular initiatives
that are problematic from a human rights perspective. The Swiss
Federal Supreme Court (FSC) is generally cautious and reserved when
resolving conflicts between domestic law and the ECHR, although
approaches vary between the FSC’s different sections. Differences
can also be found in the application of the principle that certain
kinds of claims will only be examined if the applicants have properly
invoked and substantiated them, as per Art. 106(2) of the Law on the
Federal Tribunal.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {847--868},
author = {Keller, Helen and Dillena, Anja},
volume = {83},
number = {4}
}