Court finds Switzerland guilty of violating refugees’ right to family life

The Strasbourg-based Court ruled that Switzerland had violated Article 8 of the European Convention on Human Rights, concerning the right to respect for private and family life Keystone / Patrick Seeger

The European Court of Human Rights (ECHR) has criticised Switzerland for rejecting refugees’ applications for family reunification on the grounds that they were dependent on social assistance.

In its rulingExternal link handed down on Tuesday, the Strasbourg-based Court found that Switzerland had violated Article 8 of the European Convention on Human Rights, concerning the right to respect for private and family life. The four people – three Eritreans and one Chinese of Tibetan origin – arrived in Switzerland between 2008 and 2012 and were granted refugee status.

They were admitted to the country on a provisional basis, as it had been established that they would be at risk of ill-treatment if returned to their country of origin. Unlike refugees with asylum status, provisionally admitted people are only entitled to family reunification if they are not reliant on social assistance.

In the case of the four refugees, the Swiss authorities refused their applications for family reunification on the grounds that this condition was not met.

Disproportionate

Noting that two of the four applicants were working and that a third had been declared medically unfit for work, the Court found that the Swiss authorities “had not struck a fair balance between, on the one hand, the applicants’ interest in being reunited with their immediate family members in Switzerland, and on the other hand, the interest of the community as a whole in controlling immigration with a view to protecting the economic well-being of the country”.

The ECHR ordered Switzerland to pay €5,125 (CHF5,000) each to two applicants and €15,375 (CHF15,000) to a third for non-pecuniary damage, as well as costs and expenses.

In the case of a fourth applicant, the Court found that the authorities had not exceeded their discretionary power in rejecting the applicant’s request for family reunification. She had made no effort to find a job, although she was able to work.

The European Court of Human Rights is an international court of the Council of Europe which interprets the European Convention on Human Rights. It is not connected to the European Union.