Fundamental Rights in Switzerland
Freedom of expression, equality, protection of privacy: the fundamental rights guaranteed by the Swiss Federal Constitution.
Last updated : 2026-04-05
Fundamental Rights in the Constitution
The Swiss Federal Constitution (Cst.) guarantees a broad catalogue of fundamental rights: human dignity (art. 7), equality (art. 8), protection against arbitrariness and good faith (art. 9), the right to life and personal liberty (art. 10), protection of children (art. 11), the right to assistance in situations of need (art. 12), protection of privacy (art. 13), the right to marriage and family (art. 14), freedom of belief (art. 15), freedom of opinion and information (art. 16), freedom of the press (art. 17), freedom of association (art. 23), economic freedom (art. 27), and procedural guarantees (art. 29-32).
These rights bind all state authorities and may be invoked before the courts. Art. 36 Cst. allows for restrictions when there is a legal basis, public interest, and the restriction is proportionate.
Frequently Asked Questions
Do fundamental rights apply between private individuals in Switzerland?
In principle, fundamental rights protect the individual against the State. However, some have an indirect horizontal effect in relations between private parties, such as equal pay (Art. 8 para. 3 Const.).
Can fundamental rights be restricted?
Yes, under three cumulative conditions: legal basis, public interest, and proportionality (art. 36 Const.). Certain rights are inviolable (prohibition of torture, art. 10 para. 3 Const.).
How to Enforce Your Fundamental Rights?
Before the courts, invoking the violation of the fundamental right in question. The subsidiary constitutional appeal (art. 113 et seq. LTF) allows recourse to the Federal Supreme Court for the protection of constitutional rights.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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