Fundamental Rights in Switzerland: Citizen Guide
Fundamental rights guaranteed by the Swiss Federal Constitution: individual freedoms, equality, protection against arbitrariness and procedural guarantees.
Last updated : 2026-04-07
Human Dignity (art. 7 FC)
Absolute right that cannot be restricted. Basis for all other fundamental rights.
Equality (art. 8 FC)
Equality before the law (para. 1). No discrimination based on origin, race, sex, age, language, social position, lifestyle, religious/philosophical/political convictions, or disability (para. 2). Equal pay for equal work (para. 3).
Individual Freedoms
Personal liberty (art. 10 FC): right to life, physical and psychological integrity, freedom of movement. Death penalty prohibited. Freedom of opinion/information (art. 16 FC). Media freedom (art. 17 FC): press, radio, TV freedom; censorship prohibited. Freedom of assembly/association (art. 22-23 FC). Economic freedom (art. 27 FC): free choice of profession, free access to and exercise of economic activity.
Protection Against Arbitrariness (art. 9 FC)
Right to be treated without arbitrariness and in accordance with good faith. A decision is arbitrary when manifestly untenable, clearly contradicting the factual situation, or seriously violating a legal norm.
Procedural Guarantees (art. 29-32 FC)
Right to be heard (art. 29 para. 2 FC). Presumption of innocence (art. 32 FC). Right to be informed of accusations and to have time/facilities for defence preparation.
Restrictions (art. 36 FC)
Not absolute. Permitted if: legal basis (para. 1), public interest or protection of another's fundamental right (para. 2), proportionality (para. 3). The essence of the fundamental right is inviolable (para. 4).
Frequently Asked Questions
Do fundamental rights also protect foreign nationals?
Yes. Most fundamental rights apply to everyone in Switzerland regardless of nationality. Only certain political rights are reserved for Swiss citizens.
Can a fundamental right be restricted?
Yes, under strict conditions of art. 36 FC: legal basis, public interest, proportionality. The essence remains inviolable.
How to enforce a violated fundamental right?
By appealing through the courts, up to the Federal Supreme Court via public law appeal or subsidiary constitutional appeal (art. 113 et seq. FSCA).
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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