SWITZERLAND
Right
to Fair Labor Conditions
Right
to Education and Training
Right
to a Minimum Subsistence
Right
to Moral and Physical Integrity
Can an undocumented migrant receive accommodation in a public housing
shelter or in a private shelter that receives public funding?
No information provided.
Is it legal for a landlord to rent out an apartment to an undocumented
migrant?
No information provided.
Do undocumented migrants have access to public health care or is there a
special health service only for undocumented migrants?
There
is a right to emergency health care according to Art. 12 of the Federal
Constitution. Also, undocumented migrants residing in Switzerland can receive
insurance from the public health insurance system if they fulfill the general
conditions (residence in Switzerland and payment of premiums). The health
insurance company is not allowed to inquire about the residence status of the
undocumented migrant.[1]
Do health care professionals have the duty to report an undocumented
migrant to the authorities? If yes, why? If no, why not?
On
the contrary, denunciation is threatened with penal sanctions, because it would
be considered a breach of confidentiality (Art. 92 litt. c LAMal).[2]
3. Right to
Fair Labor Conditions
Does
national labor law stipulate that an employer is obliged to pay an undocumented
migrant for work done, even if the worker does not have a legal residence or
work permit?
Social and contractual rights resulting from a work
relationship are in force, even if the worker does not have legal residence or a
work permit.
If
an undocumented migrant has an accident at the workplace, can s/he receive
coverage from Social Security (via accident insurance) to cover the costs of
treatment or care?
No information provided.
Can an undocumented
migrant bring a court case against an employer for withheld wages?
No information provided.
Do undocumented migrants have the right to organize?
No information provided.
Can an undocumented
migrant be a member of a trade union?
No information provided.
5. Right to
Education and Training
Can undocumented minors under the age of 18 enroll in schools?
The right to basic schooling is only anchored in the law of some Cantons,
though undocumented minors have a right to basic schooling according to Art. 19
Federal Constitution and Art. 7 of the Loi scolaire. In a 2001 study, enrolment
nevertheless does not seem to be a problem. For post-obligatory schooling, there
are no legal provisions. Vocational training is virtually impossible because of
the lack of a work permit, but secondary schooling is a possibility in some
Cantons (e.g. Geneva). There, the only precondition to enter a secondary school
is the health insurance of the minor in question.
Are
schools obliged to report the presence of undocumented children/adolescents to
the authorities?
No information provided.
Do schools receive any funding for these children/adolescents?
No information provided.
Do undocumented adults (over the age of 18) have the right to education
and training?
No.
6. Right to a
Minimum Subsistence
Do
undocumented migrants have a right to welfare benefits from the government?
There
is a right to minimum subsistence, though few undocumented migrants claim it
(fear of expulsion, lack of information).[3]
There have been cases where undocumented migrants were arrested at the
“Sozialamt” (office of the social security) while trying to make their
claim.[4]
Can
an undocumented migrant legally get married or legally cohabitate?
No information provided.
Is
it legal to deport an undocumented migrant without his/her spouse or child/ren?
No information provided.
8. Right
to Moral and Physical Integrity
Are there any laws specifically protecting victims of trafficking,
unaccompanied minors, victims of domestic abuse etc.?
No information provided.
Are
there rules and regulations upholding the right to integrity of undocumented
migrants in this country?
No information provided.
Has
this country been condemned for not respecting international agreements
concerning protection of the personal integrity of undocumented migrants?
No information provided.
Are detention centres accessible to non-governmental organizations?
No information provided.
Are undocumented migrants entitled at any time to free legal aid from a
jurist or lawyer?
No information provided.
Can undocumented migrants freely assert their rights in court and in the
appeals court?
No information provided.
Know
Your Rights. A legal guide for hosehold employees in Switzerland, Geneva
1998
Who is Who: The swiss organisation "Solidarité sans frontières" published a booklet on "Who is Who in the asylum-, migration- and anti-racism field". It can be ordered at sekretariat@sosf.ch or via the website: www.sosf.ch.
For a regularisation campaign in Switzerland (français / Deutsch)
[1]
Rapport du Conseil d’Etat Vaudois sur la question des « clandestins »,
April 2003 ; At : www.sans-papiers.ch/jura/documents/
[2] Rapport du Conseil…
[3]
Denise Efionayi-Mäder, Sandro Cattacin : “Illegal in der Schweiz.
Eine Übersicht zum Wissensstand”, Schweizerisches Forum für
Migrationsstudien, Discussion paper, 9/2001 draft, At: www.sans-papiers-basel.ch/grundtexte/analysen/
[4]
Komitee Sans-Papiers Nordwestschweiz, www.sans-papiers-basel.ch/