Three Czechs who were illegally residing in Switzerland challenged the denial of access to social welfare benefit; rights of non-nationals to social security; constitutional right to minimum conditions of existence implied from civil and political rights; justiciability of claims involving resource allocation.
The revised Swiss Constitution (2000) now provides for a right to aid in distress. Article 12 states that “Whoever is in distress without the ability to take care of him- or herself has the right to help and assistance and to the means indispensable for a life led in human dignity”. http://www.uni-wuerzburg.de/law/sz00000_.html
The case is significant since it indicates that the minimum core of economic and social rights can be derived from traditional civil and political rights. The court’s reasoning on its role with respect to questions of resource allocation is also important since it notes that the judiciary will defer to the executive on such matters except when the state fails to provide the minimum claims guaranteed under the constitution.
Advocate Peter Huber Advokaturbüro Belpstr. 16 3007 Bern Switzerland
Tel: +41 31 381 25 38