Swiss government’s Covid measures not unconstitutional

Keystone / Alessandro Della Valle

A special parliamentary committee has deemed the official pandemic measures to be within the limits of constitution even though certain fundamental rights were restricted.

A committee of the House of Representatives came to the conclusion that measures to combat the Covid-19 pandemic led to restrictions on certain fundamental rights of citizens. However, the constitutional criteria were met, said a press release from the parliamentary services published on Wednesday.

In December 2021, the governing Federal Council extended the scope of the Covid certificate. More specifically, it provided for an extension of the so-called “2G” principle (vaccinated and/or recovered) to restaurants, cultural establishments and sports and leisure facilities, along with the requirement to wear a face mask.

The committee examined these measures and concluded that the decision to extend the Covid certificate requirement constituted a significant restriction of fundamental rights, and that such a measure must be taken with great restraint and in strict compliance with the constitution. However, no fundamental shortcomings were identified. There was no doubt that the public interest criteria was met, since the pandemic represented a clear threat to the health of the population.

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Lessons to be learned

However, the committee recommended that certain lessons should be learned with a view to future crises. The Federal Council should clarify the legal framework concerning the possibility of differentiated treatment of people according to their vaccination status, and the use of a certificate.

The committee also raised the question of the relevance and accuracy of the various indicators used by the Federal Council to assess the epidemiological situation and saw room for improvement. Based on current knowledge, the government should draw up a list of potential indicators that could be used in the event of a future pandemic. The Federal Council has until October 4 to come up with its proposals. 

The committee also tabled a postulate calling for government supervision of high-security biological laboratories to be stepped up, in view of the considerable potential danger posed by these facilities.