Title 2 of the Swiss Federal Constitution
A few rights, notably political ones, are explicitly reserved to Swiss citizens, while all others apply to all persons in Switzerland, including (insofar as possible) legal entities such as corporations.
[4] Their "horizontal effect", though, is supposed to be realised through legislation to the extent the rights are suited to application between private persons.
[6] Exceptions must be limited to actions against those persons causing a clear and present danger that legislation cannot address in time.
[13] Article 8 establishes equality before the law for all and prohibits discrimination based e.g. on grounds of origin, (perceived) race, sex, age, language, social position, lifestyle (including sexual orientation),[14] personal convictions or disabilities.
[17] The principle of non-discrimination prohibits differential treatment based on the listed criteria except for clear objective reasons and in a proportionate manner.
[20] A decision is arbitrary only if its result is obviously untenable or contrary to the facts, or if it blatantly violates the law or the idea of justice.
[24] However, the Court applies a narrow rule of standing to independent claims of arbitrary treatment, which has caused wide scholarly criticism.
Also, Article 10 provides for a "right to personal liberty, particularly to corporal and mental integrity, and to freedom of movement".
Persons in distress and incapable of looking after themselves have the right to be helped and assisted, and to receive the means that are indispensable for leading a life in human dignity.
[31] The Supreme Court has held that the right may not be limited, e.g. to coerce illegal immigrants into leaving the country.
The right to property is guaranteed, and expropriations made subject to full compensation, by article 26.
[35] Parliament's extensive discussions about this provision reflect a fundamental systemic decision in favour of a free market economy.
Article 29a, in addition, guarantees a right to have legal disputes judged by a judicial authority.
This provision, which was adopted by popular vote in 2000 and entered into force in 2007, is intended to realise more fully the right guaranteed by article 6 of the ECHR to a hearing by an "independent and impartial tribunal established by law".
[43] In any case, the provision's impact remains somewhat limited because article 190 excludes all federal statutes from judicial review.
[44] Article 30 sets minimal standards for judicial procedures, guaranteeing access to independent and impartial courts established by law, as well as the right to an open trial.
Article 34 guarantees the free exercise of the citizens' political rights as provided for by the federal and cantonal constitutions.
[49] Switzerland has registered a reservation with respect to article 25 of the ICCPR, which guarantees the right to a secret ballot, because the Landsgemeinde assembly system used by two cantons and many municipalities does not allow for secrecy.
[51] Nonetheless, federal law regulates the general rules of acquisition and loss of citizenship, as set forth in article 38.
These are traditional civic associations carried over from the Old Swiss Confederacy, often consisting of formerly aristocratic families, but regulated by cantonal public law.
[52] Article 39 stipulates that all Swiss citizens may exercise full municipal, cantonal and national political rights at their place of residence, and article 40 allows Swiss citizens domiciled abroad to exercise political rights in Switzerland.
[53] Even so, the inclusion of this provision in the constitution was strongly contested on grounds of economic policy and cantonal autonomy.
