SWITZERLAND Swiss Confederation Schweizerische Eidgenossenschaft (German) Confederation Suisse (French) Confederazione Svizzera (Italian) Joined United Nations: 10 September 2002 Human Rights as assured by their constitution Updated 31 October 2012
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Article 4 [Equality]
(1) All Swiss citizens are equal before the law. In Switzerland there shall be no subjects, nor privileges of place, birth, person or family.
(2) Men and women have equal rights. The law shall provide for their equal treatment, especially as regards family, education and work.
Men and women are entitled to equal pay for equal work.
Article 5 [Guarantees]
The Confederation shall guarantee the Cantons their territory, their sovereignty within the limits set forth in Article 3, their constitutions,
the freedom and the rights of the people, the constitutional rights of the citizens as well as the rights and prerogatives conferred upon the
authorities by the people.
Article 18 [Military Service]
(1) Every Swiss is under the obligation to perform military service.
(2) Members of the armed forces who in the course of their federal military service lose their life or suffer permanent injury to their health
shall be entitled to relief from the Confederation for themselves or for their families, should they be in need.
(3) All members of the armed forces shall be given their first arms, equipment and clothing free of charge. The soldiers shall keep their
personal arms under the conditions federal legislation shall determine.
(4) The privilege tax on exemption from military service shall be levied by the Cantons for the account of the Confederation, according to
the provisions of federal legislation.
Article 22 [Property Rights]
(1) The right of ownership is guaranteed.
(2) To the extent allowed by their constitutional powers, the Confederation and the Cantons can, by legislation and for reasons of public
interest, make provision for expropriation and restrictions on ownership.
(3) In cases of expropriation and restriction of ownership equivalent to expropriation, fair compensation shall be paid.
Article 27 [Educational System]
(1) The Confederation is entitled to set up, in addition to the existing polytechnic, a federal university and other establishments for higher
education or to subsidize such institutions.
(2) The Cantons shall provide for adequate primary education which shall be placed wholly under state control. Such education shall be
compulsory and, in public schools, free of charge.
(3) It shall be possible for the adherents of all religious beliefs to attend public schools without being affected in any way in their freedom
of belief or conscience.
(3bis) For the period of compulsory schooling the school year shall begin between mid August and mid September.
(4) The Confederation shall take appropriate measures against Cantons which fail to meet these requirements.
Article 27bis {...}
Article 31 [Freedom of Trade and Industry]
(1) Freedom of trade and industry is guaranteed throughout the territory of the Confederation, subject to such limitations as are contained
in the Federal Constitution and the legislation enacted under its authority.
(2) Cantonal regulations concerning the exercise of trade and industry and the taxes on such activities remain unaffected. However, such
regulations shall not depart from the principle of freedom of trade and industry except where the Federal Constitution provides otherwise.
Cantonal monopolies are likewise excepted.
Article 31bis [General Welfare, Economic Security]
(1) Within the limits of its constitutional powers, the Confederation shall take measures to promote the general welfare and the economic
security of its citizens.
(2) While promoting the general interest of the Swiss economy, the Confederation may enact regulations on the exercise of trade and
industry and take measures in favor of specific economic sectors or professions. In so doing, it must respect the principle of freedom of
trade and industry, subject to the provisions of Paragraph (3).
(3) Where this is justified by general interest, the Confederation is entitled to enact regulations departing, if necessary, from the principle
of freedom of trade and industry in order to:
a) preserve important economic sectors or professions whose existence is threatened and to improve the skills of persons exercising an
independent activity in those sectors or professions;
b) maintain a sound peasant population, ensure agricultural productivity and consolidate rural landownership;
c) protect regions whose economy is threatened;
d) prevent economically or socially harmful effects of cartels and similar groupings;
e) take precautionary measures for the economic protection of the country and also measures to ensure that the country is supplied with
vital goods and services in the event of severe shortages which the economy itself cannot remedy.
(4) Regulations under headings a) and b) shall be enacted only if the economic sectors or professions to be protected have taken such
measures to help themselves as can reasonably be expected of them.
(5) Federal legislation enacted under Paragraph (3)(a) and (b), shall promote the development of organizations based on mutual assistance.
Article 31sexies [Consumer Protection]
(1) The Confederation, while safeguarding the general interests of the Swiss economy as a whole and freedom of trade and industry, shall
take measures to Protect the consumer.
(2) In the area of federal legislation on unfair competition consumer organizations have the same rights as professional and industrial
associations.
(3) For disputes arising from contracts between end users and suppliers the Cantons shall, in cases up to a value prescribed by the
Federal Council, provide for an arbitration procedure or a simple and quick litigation procedure.
(4) To prevent abuses in price fixing the Confederation shall issue regulations for monitoring the prices and price recommendations for
goods and services of enterprises and organizations governed by public and private law, especially of cartels and cartel-like bodies, with a
dominant position in the market. Insofar as the purpose requires it, such prices can be reduced.
Article 34bis [Health and Accident Insurance]
(1) The Confederation shall institute, by means of legislation, an insurance against illness and accidents, taking due account of existing
insurance funds.
(2) It may make adherence thereto compulsory for all or for specific categories of citizens.
Article 34ter [Employee Protection]
(1) The Confederation is entitled to legislate on:
a) the protection of employees;
b) the relations between employers and employees, particularly as regards mutually agreed regulations concerning industrial and
professional matters;
d) adequate compensation for loss of wages and earnings due to military service;
e) employment agencies;
f) {...}
g) vocational training in the fields of industry, crafts, commerce, agriculture, and domestic service.
(2) The generally binding effect under heading c) may only be decreed in the field of labor relations and provided such regulations take
due account of legitimate minority interests and regional diversities and do not affect equality before the law and freedom of association.
(4) The provisions of Article 32 shall be applicable by analogy.
Article 34quater [Retirement and Disability Insurance]
(1) The Confederation shall adopt the measures necessary to promote an adequate old age, survivors', and disability insurance scheme.
This scheme shall be provided for by a federal insurance, professional insurance and insurance undertaken by the individual.
(2) The Confederation shall institute, by means of legislation, compulsory insurance for old age, survivors, and the disabled covering the
entire population. This insurance shall provide for benefits in cash and in kind. Payments shall take appropriate account of basic needs.
Maximum payments shall not exceed double the minimum payments. Payments shall be adjusted at least to the cost of living. The
insurance schemes shall be implemented with the co-operation of the Cantons; professional associations and other private or public
organizations may be called upon to cooperate. The insurance shall be financed:
a) by contributions by those insured; in the case of wage or salary-earners, half the contributions shall be the responsibility of the
employer;
b) by a contribution from the Confederation, which shall not exceed one half of the cost, and which shall be covered in the first instance
by the net revenue from the tax and customs duty on tobacco, as well as by tax on spirits under the provisions of Article 32bis (9);
c) if provided for in the implementing regulations, by a contribution from the Cantons, which shall reduce accordingly the share provided
by the Confederation.
(3) In order to allow elderly people, survivors, and disabled persons to maintain their previous standard of living in an appropriate manner,
the Confederation shall - taking into account the provisions of the federal insurance scheme - institute the following measures with regard
to professional insurance by means of legislation:
a) it shall oblige employers to insure their personnel with an insurance institution for business enterprises, administrations, or associations,
or with some similar institution and to assume responsibility for at least half of the contributions;
b) it shall fix the minimum requirements which these insurance institutions must satisfy; it shall be entitled, in order to resolve certain
special problems, to make provisions for measures applying to the whole country;
c) it shall take steps to ensure that every employer is able to insure personnel with an insurance institution; it shall have power to set up a
federal fund;
d) it shall take steps to ensure that all self-employed persons have the option of insuring themselves with an institution undertaking
professional insurance under conditions equivalent to those offered to salary- or wage-earners. Insurance can be made obligatory for
certain categories of self-employed persons generally or for covering specific risks.
(4) The Confederation shall take steps to ensure that the professional insurance as well as the federal insurance schemes are able, in the
long term, to develop in accordance with their aims.
(5) The Cantons can be obliged to grant tax exemptions to institutions engaged in federal insurance or professional insurance, as well as
tax relief to those insured, and to their employers with regard to contributions and rights to benefits.
(6) The Confederation, in collaboration with the Cantons, shall encourage individuals to provide for their future, notably through fiscal
measures and policies which establish rights of ownership.
(7) The Confederation shall encourage the rehabilitation of disabled persons and support efforts made to assist elderly persons, survivors
and the disabled. It shall be entitled to use the financial resources of the federal insurance scheme for this purpose.
Article 34quinquies [Family Protection]
(1) The Confederation shall, in the exercise of the power conferred upon it and within the limits set by the Constitution have due regard
for the needs of the family.
(2) The Confederation is entitled to legislate in the field of family compensation funds. It may declare adherence thereto compulsory for all
or for specific categories of citizens. It shall take account of the existing funds, assist the efforts of the Cantons and professional
associations to set up new funds and it is entitled to establish a central compensation fund. It may make its financial contributions
dependent on adequate participation of the Cantons.
(3) {...}
(4) The Confederation shall institute maternity insurance by means of legislation. It may declare adhesion thereto compulsory for all or for
specific categories of citizens and it may require persons to contribute financially who are not eligible for insurance benefits. It may make
its financial contribution dependent on an adequate participation of the Cantons.
(5) The laws enacted pursuant to this article shall be implemented with the cooperation of the Cantons; private and public associations
may be called upon to cooperate.
Article 34sexies [Housing Development]
(1) The Confederation shall take measures aimed at encouraging the construction of housing, especially through a lowering of costs, and
providing the opportunity for owning a dwelling or house. Federal legislation shall determine the conditions for giving assistance grants.
(2) The Confederation shall have the following particular powers:
a) to facilitate the obtaining and development of sites for housing construction;
b) to support efforts aimed at improving housing and environmental conditions for families, persons with limited earning capacity, the
elderly, the disabled, and persons in care;
c) to research into the housing market and into building methods, and to encourage rationalization in building;
d) to ensure that capital is obtained for housing construction.
(3) The Confederation is authorized to decree the necessary legal provisions for the development of sites intended for housing
construction as well as for rationalization in building.
(4) Insofar as the nature of these measures exceeds the powers of the Confederation alone, the Cantons shall be called on to help carry
them out.
(5) The Cantons and other interested groups shall be consulted during the drafting of implementing legislation.
Article 34septies [Tenant Protection]
(1) The Confederation shall be empowered to issue regulations against abuses in the renting area. It shall regulate the protection of tenants
from excessive rents and other improper demands by landlords, the voidability of improper notice and the extension for a limited time of
tenancies.
(2) In order to encourage the conclusion of common agreements and to prevent abuses in the field of rents and housing, the
Confederation shall be empowered to decree provisions having generally binding effect with regard to certain obligations in basic
contracts and other measures commonly agreed between lessors and lessees, or organizations representing similar interests. Article 34ter
(2) of the Constitution is applicable by analogy.
Article 34octies {...}
Article 34novies [Unemployment Insurance]
(1) The Confederation shall regulate unemployment insurance by means of legislation. It is entitled to make regulations about
unemployment benefit.
(2) Unemployment insurance shall be obligatory for employees. The law shall lay down the exceptions. The Confederation shall ensure
that self-employed persons can, on certain conditions, insure themselves.
(3) Unemployment insurance shall guarantee adequate compensation for loss of earnings and shall support, by means of financial
contributions, measures to prevent and combat unemployment.
(4) Unemployment insurance shall be financed by the insured persons' contributions; if the insured persons are employees their employers
shall bear half the cost of the contributions. The law shall limit the amount of earned income subject to contributions and the contribution
rate. The Confederation and the Cantons shall make financial contributions in exceptional circumstances.
(5) The Cantons and economic groupings (unions, employers' organizations, and professional organizations etc.) shall cooperate in the
making and implementation of the regulations.
Article 35 [Gambling]
(1) The opening and the running of gambling houses are prohibited.
(2) Cantonal governments may, subject to the restrictions required by the public welfare, permit recreational games to the extent
customary in the kursaals up to the spring of 1925, provided that, in the opinion of the licensing authority, such games appear necessary
in order to maintain or to further the tourist trade and that they are organized by enterprises running kursaals for that purpose. The
Cantons may also prohibit such games.
(3) An order of the Federal Council shall determine the restrictions required by the public welfare. The stake may not exceed five francs.
(4) All licenses granted by the Cantons are subject to approval by the Federal council.
(5) One quarter of the gross receipts from the games shall be paid to the Confederation, which shall contribute these sums to relief for
victims of natural disasters and to public utility works, without taking account of its own contributions.
(6) The Confederation may also take appropriate measures concerning lotteries.
Article 36 [Post and Telegraphs, Secrecy]
(1) Throughout Switzerland, post and telegraphs are a federal concern.
(2) Revenue from posts and telegraphs shall accrue to the federal treasury.
(3) In all parts of Switzerland, rates shall be fixed according to the same principles and as fairly as possible.
(4) The inviolability of the secrecy of letters and telegrams is guaranteed.
Article 36bis [National Highways]
(1) The Confederation shall ensure the setting up and utilization of a network of national highways by means of legislation. The main
communication routes which present an interest for the whole of Switzerland may be declared national highways.
(2) The Cantons shall build and maintain the national highways according to the regulations laid down by the Confederation and under its
high supervision. The Confederation may take over the task incumbent upon a Canton on request by the latter or if the interest of the
work so requires.
(3) Land suitable for agricultural production shall be spared whenever possible. Disadvantages as regards the utilization and cultivation of
land which result from the building of national highways shall be compensated by appropriate measures at the expense of the
road-building funds.
(4) The cost of building, running and maintaining national highways shall be shared between the Confederation and the Cantons, due
account being taken of the burdens falling on the individual Cantons as a result of the national highways as well as of their interests and
financial resources.
(5) {...}
(6) Subject to the powers of the Confederation, the national highways remain under the sovereignty of the Cantons.
Article 43 [Citizenship, Right to Vote]
(1) Every citizen of a Canton is a Swiss citizen.
(2) In this capacity, he may take part in all federal elections and votes at his domicile after having duly proved his right to vote.
(3) No one may exercise political rights in more than one Canton.
(4) The established Swiss citizen shall enjoy at his domicile all the rights of the citizens of that Canton and, with these, all the rights of the
citizens of that Commune. However, sharing in property belonging in common to local citizens or to corporations and the right to vote in
matters exclusively regarding local citizens are excepted unless cantonal legislation should provide otherwise.
Article 44 [Acquisition of Citizenship]
(1) The Confederation shall regulate the acquisition and loss of citizenship through descent, marriage and adoption and the loss of Swiss
nationality and its restoration.
(2) Swiss nationality can also be acquired through naturalization in a Canton and a Commune. Naturalization is carried out by the Cantons
after the Confederation has granted permission for naturalization. The Confederation shall issue minimal regulations.
(3) Anyone who is naturalized shall have the rights and duties a citizen of a Canton and a Commune. Insofar as the cantonal law provides
for this he shall share in the property belonging in common to local citizens and corporations.
Article 45 [Settlement, Extradition]
Every Swiss citizen can settle in any place in the country. A Swiss may not be expelled from Switzerland.
Article 45 [Swiss Living Abroad]
(1) The Confederation is entitled to further the relations of Swiss living abroad among themselves and with the fatherland and to assist
institutions set up to that effect.
(2) It may, taking account of the special situation of the Swiss living abroad, enact regulations determining their rights and duties, in
particular with respect to the exercise of political rights, the carrying out of military obligations and to assistance. The Cantons shall be
consulted beforehand.
Article 46 [Subjection to Jurisdiction]
(1) In matters of civil law, established persons shall, as a rule, be subject to the jurisdiction and legislation of their domicile.
(2) Federal legislation shall enact the provisions required to implement this principle and to prevent double taxation.
Article 47 [Resident Swiss Citizens]
A federal law shall specify the difference between establishment and residence and at the same time lay down provisions regulating the
political and civil rights of resident Swiss citizens.
Article 48 [Assistance for Needy Persons]
(1) Needy persons shall be assisted by the Canton in which they are living. The cost of this assistance shall be borne by their canton of
domicile.
(2) The Confederation can order that recourse be had to a previous canton of domicile or the canton of origin.
Article 49 [Freedom of Religion and Belief]
(1) Freedom of creed and conscience<ICL_623> is inviolable.
(2) No one may be forced to participate in a religious association, to attend religious teaching or to perform a religious act, nor be
subjected to penalties of any sort because of his religious beliefs.
(3) The holder of the paternal or tutelary authority shall determine the religious education of children in conformity with the foregoing
principles until they have completed their 16th year.
(4) The exercise of civil or political rights may not be restricted by any prescription or condition of an ecclesiastical or religious nature.
(5) Religious beliefs do not exempt anyone from carrying out civic duties.
(6) No one shall be bound to pay taxes the proceeds of which are specifically appropriated to cover the cost of worship within a religious
community to which he does not belong. The detailed implementation of this principle shall be a matter for federal legislation.
Article 50 [Right to Worship]
(1) The free exercise of acts of worship is guaranteed within the limits set by public order and morality.
(2) The Cantons and the Confederation may take appropriate measures for the preservation of public order and of peace among the
members of the different religious communities, as well as against encroachment by religious authorities on the rights of citizens and the
state.
(3) Disputes of public or private law which may arise out of the creation of new religious communities or out of the splitting up of
existing communities may be brought before the competent federal authorities by lodging a complaint.
(4) The establishment of bishoprics on Swiss territory is subject to the authorization of the Confederation.
Article 54 [Right to Marry]
(1) The right to marry is placed under the protection of the Confederation.
(2) This right may not be limited for religious or economic reasons nor on account of previous conduct or of other police considerations.
(3) A marriage which has been celebrated in a Canton or abroad according to the local legislation shall be recognized as valid within the
whole territory of the Confederation.
(5) Children born before marriage shall be legitimized by the subsequent marriage of their parents.
(6) No bride-admission fee or any other similar tax may be levied.
Article 55 [Freedom of the Press]
(1) The freedom of the press is guaranteed.
(2) {...}
(3) {...}
Article 55 [Radio and Television]
(1) Legislation concerning radio and television and other forms of public diffusion of features and information by telecommunication
techniques is a matter for the Confederation.
(2) Radio and television shall contribute to the cultural development and entertainment of the listeners and viewers and to the free
formation of opinion. They shall take into account the peculiarities of the country and the needs of the Cantons. They shall present events
factually and give impartial expression to multiplicity of views.
(3) The independence of radio and television and autonomy in the creation of programs are guaranteed within the limits laid down in
Paragraph (2).
(4) Account is to be taken of the position and functions of other communications media, especially the press.
(5) The Confederation shall create an independent authority to examine complaints.
Article 56 [Freedom of Association]
(1) Citizens have the right to form associations provided that neither the purpose of such associations nor the means used to carry it out
are illegal or dangerous to the state. Cantonal laws shall lay down the measures required to repress the misuse of this right.
(2) {...}
(3) {...}
Article 57 [Right of Petition]
The right of petition is guaranteed.
Article 58 [Constitutional Judge, Ecclesiastical Jurisdiction]
(1) No one may be deprived of his constitutional judge; therefore no extraordinary courts of law may be set up.
(2) Ecclesiastical jurisdiction is abolished.
Article 59 [Personal Jurisdiction]
(1) The solvent debtor having a domicile in Switzerland must be sued, for personal debts, before the judge of his domicile; therefore, his
property may not be seized or attached for personal claims outside the Canton in which he has his domicile.
(2) In the case of aliens, the pertinent provisions of international treaties remain reserved.
(3) Imprisonment for debts is abolished.
Article 60 [Intercantonal Equality]
All Cantons are bound to afford all Swiss citizens the same treatment as their own citizens in the fields of legislation and of judicial
proceedings.
Article 61 [Intercantonal Enforceability of Judgments]
Final judgments rendered in civil law cases in all Cantons shall be enforceable in the whole of Switzerland.
Article 62 [Transfer Taxes, Cantonal Preemption Rights]
All transfer taxes on the moving of property inside Switzerland and all preemption rights of citizens of one Canton against citizens of other
Cantons are abolished.
Article 63 [Free Transfer of Property]
With respect to foreign states, free transfer of personal belongings shall be granted, provided reciprocity exists.
Article 64 [Victim Protection]
The Confederation and the Cantons shall ensure that the victims of criminal acts against life and the person receive assistance. This shall
include appropriate compensation if, in consequence of the criminal act, the victims get into financial difficulties.
Article 65 [Capital Punishment]
(1) No death sentence may be passed for political crimes.
(2) Corporal punishments are prohibited.
Article 66 [Deprivation of Political Rights]
Federal legislation shall fix the limits within which a Swiss citizen can be deprived of his political rights.
Article 67 [Extradition]
Federal legislation shall lay down the necessary provisions concerning the extradition of the accused from one Canton to another;
however, extradition may not be made compulsory for Political and press offences.
Article 68 [Statelessness]
Measures to secure citizenship for stateless persons and to prevent new cases of statelessness shall be a matter for federal legislation.
Article 69 [Consumer Protection]
(1) The Confederation is entitled to legislate:
a) on trade in foodstuffs;
b) on trade in other consumer goods insofar as they may endanger life or health.
(2) The Cantons shall implement these provisions.
(3) Control of imports at the national frontiers shall be exercised by the Confederation.
Article 69 [Immigration, Asylum]
(1) The Confederation is entitled to legislate on immigration, emigration, residence and establishment of aliens.
(2) The Cantons shall decide on residence and settlement in accordance with federal legislation. The Confederation is, however, entitled to
give final decisions on:
a) cantonal authorizations for protracted residence and settlement as well as exceptions made in cases of hardship;
b) violations of treaties concerning establishment;
c) cantonal expulsion orders valid for the whole territory of the
Confederation;
d) refusal to grant asylum.
Article 70 [Expulsion]
The Confederation has the right to expel from its territory aliens who endanger the internal or external security of Switzerland.
Switzerland has been populated since the later part of the Paleolithic Age. During the reign of Julius
Caesar, Switzerland became integrated into the Roman Empire until 259 when the Swiss established their
territory on the frontier of the Western Roman Empire. Christianization followed suit and the feudal
system ensued most of the 13th Century under the dominance of the Hapsburgs. In 1291, the cantons of
Uri, Schwyz, and Unterwalden conspired against the Habsburgs forming what is known as the Old
Confederation and, as more cantons and battles ensued, Switzerland achieved de facto independence in
1499 from the Holy Roman Empire. In 1798, France's Revolution spilled over into Switzerland and the
nation was absorbed by the nation as the Helvetic Republic. The Congress of Vienna of 1815 fully
re-established Swiss independence, and the European powers agreed to permanently recognise Swiss
neutrality. A civil war broke out between the Catholic and Protestant cantons in 1847 that lasted less than
a month with fewer than 100 casualties and, apart from a few riots, constitutes the last civil uprising in
the nation. This conflict spurred the creation of the 1848 Federal Constitution of the Swiss
Confederation. Switzerland did not join the United Nations at its onset as it was felt to impinge on its
neutrality; however, an evolving Europe, particularly the advent of the European Union, spurred
Switzerland's Federal Parliament to revise and approve changes to the 1848 Constitution to conform to
the requirement of the 1948 Universal Declaration of Human Rights on 18 December 1988. The
constitution was amended in 1991 and the nation joined the United Nations after approval by popular
vote of the Swiss People in 2002. Basic Rights and Freedoms are not grouped in one specific Chapter but
are sprinkle throughout the constitution and are detailed below. For a full English translation of
Switzerland's constitution, click here.