She was sentenced in January 2014 to a fine of CHF500 ($563) for begging in Geneva on a public highway. The woman, who had no work and was not receiving social assistance, was then placed in pre-trial detention for five days for not paying the fine.
However, the Strasbourg-based court said on Tuesday that the sanction was not proportionate either to the aim of fighting organised crime or of protecting the rights of passers-by, residents and business owners.
“Placed in a situation of manifest vulnerability, the applicant had the right, inherent to human dignity, to be able to express her distress and try to remedy her needs by begging,” said the European court. It said Switzerland had violated Article 8 of the European Convention on Human Rights on protecting the right to respect for private and family life.
The court ordered Switzerland to pay the applicant €922 for non-pecuniary damage.
Begging is banned in most Swiss cantons, but associations working with the marginalised say bans are hitting the most vulnerable.
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Ban on begging hits Switzerland’s most vulnerable
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In one canton where begging has been outlawed, the authorities are satisfied with the results, but those affected are suffering great hardship.
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Vaud begging ban to come into force, court confirms
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A disputed law banning begging in canton Vaud will indeed come into force, the Swiss Federal Court has confirmed, rejecting an appeal.
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A move to ban begging in canton Vaud, now tied up in the courts, raises the question whether such a law undermines fundamental human rights.
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