Switzerland

Switzerland

Right	Section	Contents
Freedom of Association	History	First assertion of freedom of association in Switzerland was in the first Constitution of 1848. Freedom of association is guaranteed under article XLVI of Chapter 1, granted the proceedings nor objects of associations are not illegal. Swiss Parlament https://www.parlament.ch/centers/documents/de/BV_1848_EN.pdf
Freedom of Expression	History	Article 16 of Switzerland’s 1999 Constitution is the first explicit assertion of freedom of expression in the country’s history. However, prior to the adoption of that document, the Swiss Federal Tribunal recognized the right as an unwritten fundamental liberty. Hertig Randall, Maya. “The Swiss Federal Bill of Rights in the Context of International Human Rights Protection: Added Value and Shortcomings.” Revue Interdisciplinaire d'Études Juridiques, 77 no. 2 (2016): 151-177. https://www.cairn.info/revue-interdisciplinaire-d-etudes-juridiques-2016-2-page-151.htm#re25no25 “Switzerland’s Constitution of 1999 with Amendments through 2014.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Switzerland_2014.pdf?lang=en
Freedom of Religion	History	The Federal Constitution of the Swiss Confederation was ratified on 12 September 1848. Articles 8.2 and 15 grants religious freedom and prohibit religious discrimination. Article 72 leaves the regulation of religion to preserve public peace to the cantons. The Federal Constitution. “Federal Constitution of the Swiss Confederation.” Last modified February 13, 2022. Accessed July 5, 2022. https://www.fedlex.admin.ch/eli/cc/1999/404/en.
Freedom of the Press	History	Article 55 of Switzerland’s 1874 Constitution first protected press freedom: “The freedom of the press is guaranteed" (ICL Project, "Switzerland > Constitution 1874" ). Today, Article 17 of Switzerland’s 1999 Constitution protects press freedom: “Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed" (Constitute Project, “Switzerland’s Constitution of 1999 with Amendments through 2014” ).
Privacy Rights	History	The 1992 Federal Act on Data Protection was the first formal protection of privacy in Switzerland (DLA Piper, “Data protection laws of the world: Switzerland”). Since then, the right to privacy was added to the 1999 Swiss Constitution. Article 13 of the current Swiss Constitution is titled Right to Privacy. “Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.” (Federal Constitution of the Swiss Confederation). Switzerland is not a member of the EU, so they do not follow the GDPR. However, a revision of the Federal Act on Data Protection (FADP) was passed in 2020. This law is essentially the same as the GDPR and serves to protect the data of Swiss citizens from unlawful use, including privacy protections for certain kinds of data like “sensitive personal data” which includes data relating to a persons religious, philosophical, or political views, their health, their genetic and biometric data, and more. (Federal Act on Data Protection) References: DLA Piper, “Data protection laws of the world: Switzerland”: https://www.dlapiperdataprotection.com/index.html?t=law&c=CH Federal Constitution of the Swiss Confederation. “Chapter 1: Fundamental RIghts.” HeinOnline, 1999. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzch0349&id=4&men_tab=srchresults. Fedlex. “Federal Act on Data Protection,” 2023. https://www.fedlex.admin.ch/eli/cc/2022/491/en
Voting Rights and Suffrage	History	Article 136 of the Swiss Constitution lays out the political right for Swiss citizens, stating that all Swiss citizens over the age of 18 (unless they are mentally incapable of doing so) may vote in their free elections. The Swiss legislature can create mandatory and optional referendums. (Constitute Project, “Switzerland’s Constitution of 1999 with Amendments through 2014” ).