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.
Heated atmosphere at Swiss rally against AfD politician Alice Weidel
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Around 250 people demonstrated "against the right" and the German AfD politician Alice Weidel on Saturday afternoon in Einsiedeln.
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The Ethos Foundation recommends that shareholders vote against all compensation-related items at the Annual General Meeting on March 7.
Top Swiss firms close to reaching gender quota in boards
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The proportion of women on the boards of directors of the fifty largest listed companies in Switzerland currently stands at 28%.
Swiss committee wants to end government resignations during legislative term
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Members of the Federal Council should no longer be able to leave office before the end of their term, according to a House of Representatives committee.
Swiss government seat: Ritter and Pfister nominated to succeed Amherd
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Markus Ritter from St Gallen and Martin Pfister from Zug were officially nominated by the Centre Party on Friday to succeed Defence Minister Viola Amherd.
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Following the Roma in Lausanne and Romania
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The photographer Yves Leresche documented the lives of Roma beggars in Lausanne for five years the before the ban came into force in 2018.
Why living on the breadline is especially hard in Switzerland
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Switzerland is one of the richest countries in the world. But high living costs put people on low income under huge pressure.
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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If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.