Top Swiss court rules against prostitution exclusion zone

A pictogram for the tolerance zone for the red light district in Basel. Keystone / Georgios Kefalas

The Federal Court in Lausanne ruled that a Swiss town went too far in banning prostitution within a 100-metre radius of certain sensitive locations.

The provision of the municipal by-law of the town of Lucens in western Switzerland was challenged by a property firm. At a public hearing on Friday, the 2nd Court of Public Law partially upheld the appeal lodged by the company that owned a former old-age home. The company wanted to convert the building into a brothel. The municipality reacted by adopting a bylaw prohibiting this activity in the vicinity of certain places such as food shops, doctors’ surgeries, crèches, schools and churches.

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For the majority of judges, the 100-metre radius of prohibition around these places was too large. It results in the exclusion of prostitution from a large part of the municipal territory, which is contrary to the freedom of commerce. This provision of the by-law was therefore annulled.

The Federal Court had passed a ruling in 2015 on a similar bylaw in the town of Payerne. That regulation provided for a ban on prostitution “in the vicinity” of the same sensitive locations. At the time, the court had ruled that the bylaw considerably restricted the area in which prostitution was permitted, but that it could still be interpreted in a way that was compatible with freedom of commerce.

In Switzerland, prostitution has been legal since 1942. When carried out voluntarily, it is considered a form of independent economic activity. But those who do this need to have their papers in order, hold work or residence permits, and declare their occupation to the cantonal authorities.

Adapted from French by DeepL/ac

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