Rights and Citizenship – Swiss Citizenship Test

The Swiss Federal Constitution guarantees fundamental rights to all people in Switzerland (not just citizens):

Personal Liberty and Human Dignity (Article 10):

• Right to life and personal freedom
• Protection of human dignity
• Right to privacy
• Freedom from torture and inhumane treatment

Equality and Non-Discrimination (Article 8):

• All people are equal before the law
• Prohibition of discrimination based on origin, race, sex, age, language, social position, lifestyle, religious or philosophical beliefs, or disability
• Legal equality between men and women
• Measures to eliminate disadvantages for people with disabilities

Freedom of Expression and Information (Articles 16-17):

• Freedom of opinion and freedom of expression
• Freedom of the media
• Freedom of information
• Right to receive information from accessible sources

Freedom of Religion and Conscience (Article 15):

• Freedom of religion and conscience
• Right to choose and practice religion freely
• No one may be forced to join or participate in a religious community
• Separation of church and state (though some cantons still have official churches)

Freedom of Assembly and Association (Articles 22-23):

• Right to peaceful assembly
• Right to form, join, and participate in associations
• Protection of trade unions

Property Rights (Article 26):

• Right to own property
• Property is guaranteed but can be limited by law (e.g., for public interest, with compensation)

Swiss citizens (18 years and older) have extensive political rights:

Voting Rights (Article 136):

• Right to vote in federal, cantonal, and communal elections
• Right to vote on federal referendums and initiatives
• Four federal voting dates per year (typically in March, May, September, November)
• Voting can be done by mail, in person, or increasingly by e-voting in some cantons
• Swiss citizens living abroad can also vote in federal matters

Right to Stand for Election (Article 136):

• Swiss citizens can be elected to public office at all levels
• Federal Assembly (National Council and Council of States)
• Cantonal parliaments and governments
• Communal councils
• Some positions have specific requirements (e.g., age, residence)

Popular Initiative (Article 139):

• 100'000 citizens can propose a constitutional amendment
• Signatures must be collected within 18 months
• The initiative is then voted on by the people and cantons
• This gives citizens direct power to change the constitution

Referendum (Article 140-141):

• Mandatory referendum: Constitutional amendments and certain treaties must be approved by people and cantons
• Optional referendum: 50'000 citizens can demand a vote on federal laws within 100 days of publication
• This gives citizens veto power over legislation

Petition Rights (Article 33):

• Everyone has the right to petition authorities
• Authorities must acknowledge petitions but are not required to act on them

Voting Age:

• The federal voting age is 18 years
• The canton of Glarus allows 16-year-olds to vote in cantonal matters
• Historically, the voting age was 20 until it was lowered to 18 in 1991

Women's Suffrage - A Late Development:

• Women gained the right to vote at the federal level only in 1971—making Switzerland one of the last Western democracies to grant women's suffrage
• Some cantons granted women's suffrage earlier (Vaud, Neuchâtel, Geneva in the 1950s-60s)
• The last canton to grant women's suffrage was Appenzell Innerrhoden in 1990—and only because the Federal Supreme Court forced them
• This late adoption reflects Switzerland's conservative direct democracy: men had to vote to give women the vote
• Despite this late start, Switzerland now has high female political representation, including having had multiple female Federal Councillors and National Council presidents

Swiss citizenship comes with specific duties:

Military Service or Civil Service (Article 59):

• Swiss men are required to serve in the military or perform alternative civil service
• Obligation begins at age 18 and typically extends into the 30s
• Women can volunteer for military service but are not required
• Those who cannot serve pay a military exemption tax
• Covered in detail in Lesson 11.2

Tax Obligations:

• All residents, including citizens, must pay taxes at federal, cantonal, and communal levels
• Switzerland uses a self-declaration system—residents must honestly report income
• Tax evasion is illegal and can result in fines and criminal prosecution
• Citizens living abroad may still have Swiss tax obligations depending on circumstances

Education Requirement (Article 62):

• Children must attend compulsory education (typically 9-11 years depending on canton)
• Parents are responsible for ensuring children attend school
• Homeschooling is permitted in some cantons with approval

Jury Duty (in some cantons):

• Some cantons use jury systems for criminal cases
• Citizens can be called to serve on juries
• This is less common than in Anglo-Saxon legal systems

Civic Participation Expectation:

• While not legally required, there's a strong social expectation that citizens participate in voting
• Direct democracy only works if citizens are informed and engaged
• Voter turnout in Switzerland is typically 40-60%, considered moderate

Dual Citizenship:

• Switzerland has allowed dual (or multiple) citizenship since 1992
• Swiss citizens can hold citizenship of other countries without losing Swiss citizenship
• Foreigners can become Swiss citizens without renouncing their original citizenship (in most cases)
• About 60% of naturalized Swiss citizens maintain dual citizenship

Acquisition of Swiss Citizenship:

• By birth (jus sanguinis): Children born to Swiss parents automatically receive Swiss citizenship, regardless of where they're born
• By marriage: Spouses of Swiss citizens can apply for simplified naturalization after 5 years of marriage and 3 years of residence in Switzerland
• By naturalization: Foreigners can apply after 10 years of residence in Switzerland (time between ages 8-18 counts double)
• Naturalization requires integration, knowledge of Swiss life and customs, and approval by federal, cantonal, and often communal authorities

Loss of Citizenship:

• Swiss citizenship can be lost by:
  • Voluntary renunciation (if you have another citizenship)
  • Acquisition of a foreign citizenship (no longer applicable since 1992)
  • Loss is rare and difficult—Switzerland doesn't strip citizenship easily
• Children born abroad to Swiss parents who were also born abroad may not automatically receive citizenship unless registered