Wil: A Catholic school reserved for girls deemed illegal by the TF

A Catholic school just for girls is discriminatory. This, in broad terms, is the conclusion of a judgment rendered this Friday by the Federal Court (TF). The judges had to rule specifically on St. Katharina Secondary School, commonly known as “Kathi”, located in Wil (SG). As SRF explains, since 2016, young girls from Wil have been able to attend the institution, which until then was only private, free of charge. From then on, the establishment was required to respect Swiss laws on public schools. However, this was not the case, in the eyes of certain people who decided to oppose the agreement concluded between the municipality and the school.

After being rejected by the Administrative Court of the canton of Saint-Gall, in 2022, they finally won their case. To justify its decision, the TF explained in particular that “the confessional orientation of the establishment exceeds the duty of neutrality that can be demanded of a public school”. The holding of activities, such as pilgrimages, which students do not really have the choice to refuse, has been particularly singled out.

Another problem, “the fact that access to the Kathi school is reserved for girls is not compatible with the principle of equal treatment”. Single-sex education is certainly sometimes permitted, but only “when it aims to combat the disadvantages linked to sex”. Which is not the case in this establishment which was frequented by the President of the Confederation Karin Keller-Sutter. “A derogation from the principle of diversity in all subjects, as at the Kathi school, is not in conformity with the Constitution,” therefore concluded the TF in its judgment.