Switzerland is a landlocked country in Europe, bordered by Italy, France, Germany, Austria, and Liechtenstein. The population of this country is approx 90,60,000 with 41,285 square kilometers area. Ethnically, people living here are: Swiss 69.2%, German 4.2%, Italian 3.2%, Portuguese 2.5%, French 2.1%, Kosovan 1.1%, Turkish 1%, other 16.7%. About 26% of residents are foreign nationals, and 4 out of every 5 of them are from Europe. Switzerland has four national languages: mainly German, which is spoken by about 62.8% of the population; French by 22.9% and Italian by 8.2%; and a fourth national language, Romansh, which is spoken by only 0.5% of the population. Religiously, 34.4% are Roman Catholic, 22.5% are Swiss Protestant, 5.4% are Muslim, and 29.4% are not affiliated with any religion. According to Article 15 of the Constitution, Switzerland has no "State Religion". However, at the cantonal (provincial) level, most cantons recognize the Catholic Church or the Swiss Reformed Church as official religion. Even more strangely, in 1980, a referendum was held in Switzerland, which proposed a complete separation of state and religion. This proposal was rejected by 78.9% of voters.
Switzerland has a constitutional obligation to ensure social security for all. In particular, old age, unemployment, physical disability, health, and accidents are all covered by the plan.
These are positive aspects. Now let's discuss the negative aspects.
The Swiss government is vested in the Federal Council. It acts collectively as the head of state — meaning that there is no single president in Switzerland. The Federal Council is made up of 7 members. Each of them is elected by the Swiss Federal Assembly for a 4-year term. Each member of the Federal Council holds one government department. Each year, one member of the Federal Council is elected as president. This is done on a rotating basis, so that everyone gets a chance to serve once. The president only provides symbolic leadership, in reality he or she has no authority over others and continues to carry out the responsibilities of his own office. The Swiss system of government is an unusual one in the world. While it works well in Switzerland, it is not universally praised, because no other normal or democratic state in the world has adopted this model. Although Andorra, Bosnia and Herzegovina, San Marino can be mentioned as exceptions - but none of them are 'normal'.
Admirable Articles of Switzerland's Constitution
Art 5. Rule of law (Part of it)
● All activities of the state are based on and limited by law.
● State activities must be conducted in the public interest and be proportionate to the ends sought.
Art 6. Individual and collective responsibility
All individuals shall take responsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of the state and society.
Art 7. Human dignity
Human dignity must be respected and protected.
Art 8. Equality before the law
1. Every person is equal before the law.
2. No person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
3. Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.
4. The law shall provide for the elimination of inequalities that affect persons with disabilities.
Art 9. Protection against arbitrary conduct and principle of good faith
Every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.
Art 12. Right to assistance when in need
Persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living.
Art 15. Freedom of religion and conscience
1. Freedom of religion and conscience is guaranteed.
2. Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others.
3. Every person has the right to join or to belong to a religious community, and to follow religious teachings.
4. No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
Art 16. Freedom of expression and of information
1. Freedom of expression and of information is guaranteed.
2. Every person has the right freely to form, express, and impart their opinions.
3. Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
Art 17. Freedom of the media
1. Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed.
2. Censorship is prohibited.
3. The protection of sources is guaranteed.
Art 20. Academic freedom
Freedom of research and teaching is guaranteed.
Art 21. Freedom of artistic expression
Freedom of artistic expression is guaranteed.
Art 22. Freedom of assembly
1. Freedom of assembly is guaranteed.
2. Every person has the right to organise meetings and to participate or not to participate in meetings.
Art 29. General procedural guarantees
1. Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time.
2. Each party to a case has the right to be heard.
3. Any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.
Art 32. Criminal proceedings
1. Every person is presumed innocent until they have been found guilty by a legally enforceable judgment.
2. Every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. They must be given the opportunity to assert their rights to a proper defence.
3. Every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the Federal Supreme Court sits at first instance.
Art 64. Research
1. The Confederation shall promote scientific research and innovation.
2. It may make its support conditional in particular on quality assurance and coordination being guaranteed.
3. It may establish, take over or run research institutes.
Art 75b. Second homes
1. No more than 20 per cent of the total stock of residential units and the gross residential floor area in any commune may be used as second homes.
2. The law shall require communes to publish their first home percentage plan and a detailed report on its implementation every year.
Art 82. Road transport
1. The Confederation shall legislate on road transport.
2. It shall exercise supervisory control over roads of national importance; it may decide which transit roads must remain open to traffic.
3. Public roads may be used free of charge. The Federal Assembly may authorise exceptions.
Art 83. National roads(Part of it)
● The Confederation shall ensure the construction of a network of motorways and shall guarantee that they remain useable.
Art 97. Consumer protection
1. The Confederation shall take measures to protect consumers.
2. It shall legislate on the legal remedies available to consumer organisations. These organisations shall have the same rights under the federal legislation on unfair competition as professional and trade associations.
3. The Cantons shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. The Federal Council determines this sum.
Art 111. Old-age, survivors’ and invalidity pension provision
1. The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occupational pension scheme and private pension schemes.
2. The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme are able to fulfil their purpose at all times.
3. It may require the Cantons to exempt institutions of the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.
4. In cooperation with the Cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership.
Art 112. Old-age, Survivors’ and Invalidity Insurance
● The Confederation shall legislate on the Old-age, Survivors and Invalidity Insurance.
● In doing so, it shall adhere to the following principles:
● the insurance is compulsory.
● it provides cash and non-cash benefits.
● pensions must be sufficient to cover basic living expenses adequately.
● the maximum pension must not be more than twice the minimum pension.
● pensions must as a minimum be adjusted in line with price trends.
● The insurance is funded:
● through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;
● through subsidies from the Confederation.
● The subsidies from the Confederation may not exceed one half of the disbursements made under the scheme.
Art 113. Occupational pension scheme
1. The Confederation shall legislate for an occupational pension scheme.
2. In doing so, it shall adhere to the following principles:
a. the occupational pension scheme, together with the Old-age, Survivors’ and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.
b. the occupational pension scheme is compulsory for employees; the law may provide for exceptions.
c. employers shall insure their employees with a pension institution; if required, the Confederation shall make it possible for employees to be insured with a federal pension institution.
d. self-employed persons may insure themselves on a voluntary basis with a pension institution.
e. for specific groups of self-employed persons, the Confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.
3. The occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees.
4. Pension schemes must satisfy the minimum requirements under federal law; the Confederation may provide for national measures to resolve particular difficulties.
Art 114. Unemployment insurance
1. The Confederation shall legislate on unemployment insurance.
2. In doing so, it shall adhere to the following principles:
a. the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment.
b. the insurance is compulsory for employees; the law may provide for exceptions.
c. self-employed persons may insure themselves voluntarily.
3. The insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers.
4. Confederation and Cantons shall provide subsidies in extraordinary circumstances.
5. The Confederation may enact regulations on social assistance for the unemployed.
Art 116. Child allowances and maternity insurance
1. In the fulfilment of its duties, the Confederation shall take account of the needs of families. It may support measures for the protection of families.
2. It may issue regulations on child allowances and operate a federal family allowances compensation fund.
3. It shall establish a maternity insurance scheme. It may also require persons who cannot benefit from that insurance to make contributions.
4. The Confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the Cantons.
Art 117. Health and accident insurance
1. The Confederation shall legislate on health and accident insurance.
2. It may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.
Art 119. Reproductive medicine and gene technology involving human beings
1. Human beings shall be protected against the misuse of reproductive medicine and gene technology.
2. The Confederation shall legislate on the use of human reproductive and genetic material. In doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere in particular to the following principles:
a. all forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.
b. non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.
c. the procedure for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman’s body than are capable of being immediately implanted into her.
d. the donation of embryos and all forms of surrogate motherhood are unlawful.
e. the trade in human reproductive material and in products obtained from embryos is prohibited.
f. the genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides.
g. every person shall have access to data relating to their ancestry.
Art 120. Non-human gene technology
● Human beings and their environment shall be protected against the misuse of gene technology.
● The Confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. In doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species.
Facts of Switzerland's Constitution
Preamble (Part of it)
In the name of Almighty God!
The Swiss People and the Cantons,
adopt the following Constitution:
Art 4. National languages
The National Languages are German, French, Italian, and Romansh.
Art 174. Federal Council
The Federal Council is the supreme governing and executive authority of the Confederation.
Art 175. Composition and election
● The Federal Council has seven members.
● The members of the Federal Council are elected by the Federal Assembly following each general election to the National Council.
● They are elected for a term of office of four years. Any Swiss citizen eligible for election to the National Council may be elected to the Federal Council.
● In electing the Federal Council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented.
Art 176. Presidency
● The President of the Confederation chairs the Federal Council.
● The President and the Vice-President of the Federal Council are elected by the Federal Assembly from the members of the Federal Council for a term of office of one year.
● Re-election for the following year is not permitted. The President may not be elected Vice-President for the following year.
Art 177. Principle of collegiality and allocation to departments
● The Federal Council reaches its decisions as a collegial body.
● For the purposes of preparation and implementation, the business of the Federal Council is allocated to its individual members according to department.
● Business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.
Art 178. Federal Administration
● The Federal Council is in charge of the Federal Administration. It ensures that it is organised appropriately and that it fulfils its duties effectively.
● The Federal Administration is organised into Departments; each Department is headed by a member of the Federal Council.
● Administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the Federal Administration.
