Rights of Undocumented Persons in Switzerland

Irregular Stay

Art. 115 para. 1 let. b FNIA: illegal stay punishable by up to one year imprisonment. In practice, prosecutions for mere illegal stay are rare. The person is exposed to administrative removal (art. 64 FNIA) and possible detention (art. 76 FNIA).

Guaranteed Fundamental Rights

Emergency Aid (art. 12 FC)

Unconditional right to the means indispensable for a dignified existence, regardless of immigration status: food, clothing, emergency shelter, urgent medical care.

Healthcare

Obligation to have health insurance (art. 3 para. 1 HIA). Access varies by canton. Public hospitals must provide emergency care (art. 41a HIA). Anonymous or low-threshold medical consultations exist in several cantons.

Children's Schooling (art. 19 FC, art. 28 CRC)

Right to adequate and free basic education applies to all children in Switzerland regardless of immigration status. Schools may not report undocumented families to immigration authorities.

Protection Against Exploitation

Swiss employment law protects all workers in Switzerland (art. 342 para. 2 CO). The Federal Supreme Court confirmed that an undocumented worker's employment contract is not void. Salary claims, holiday and overtime rights may be asserted before employment tribunals.

Regularisation (art. 30 para. 1 let. b FNIA)

Possible in cases of extreme hardship. Art. 31 OASA criteria: integration, respect for legal order, family situation, financial situation, duration of stay, health and reintegration possibilities. The Geneva "Papyrus" operation (2017-2018) regularised approximately 2,400 persons.

Access to Justice

Undocumented persons have access to Swiss courts. Legal aid available under art. 117 CPC conditions. Fear of immigration authority reporting may constitute a practical obstacle.