A legal committee with 200 signatories is calling on the Federal Assembly to move the Federal Council back into law.
Dear President of the National CouncilDear President of the Council of States, the renewed expansion and tightening of the certificate requirement represents a serious and permanent encroachment on the fundamental rights of citizens.
According to the resolutions of the Federal Council of December 17, 2021, even healthy people who have proven their Covid status as “negative” in accordance with the BAG are now denied access to large parts of the public (social, cultural, economic, etc.) and private sectors Life excluded.
This means that all unvaccinated people in Switzerland who are not “lucky” to be considered recovered are discriminated against in an unprecedented way.
For such uniquely serious interventions in the lives of so many people in Switzerland, the prerequisites according to Art. 36 BV (and in particular proof of the legally relevant facts) should not be left to be desired in terms of clarity and clarity after more than 20 months of the “Covid crisis” leave:
The death and hospitalization rates would have to reach unprecedented levels over a long period of time in order to justify unique restrictions on fundamental rights for a significant part of the population.
But in the present case, not a single prerequisite for the introduction of such a rigid and highly discriminatory regime against around two million people living in Switzerland has been met:
1. Not a significant effective public health threat
The measures adopted by the Federal Council must be justified by a public interest (Art. 36 Para. 2 BV). The declared goal of the Federal Council is to prevent the hospitals from being “overloaded” by expanding the Covid certificate and – with a view to the latest “Omikron variant” – to reduce the “high number of cases”.
1.1 No excess mortality
First of all, it should be noted that the death rate for