Social security provisions in the Constitution of Switzerland
Relevant articles:
- Article 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.
Title 2: Fundamental Rights, Citizenship and Social Goals
Chapter 3 – Social Objectives
- Article 41
1 The Confederation and the Cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that:
1. everyone has access to social security;
2. everyone has access to the health care that they require;
3. families are protected and encouraged as communities of adults and children;
4. everyone who is fit to work can earn their living by working under fair conditions;
5. anyone seeking accommodation for themselves and their family can find
suitable accommodation on reasonable terms;
1. children and young people as well as persons of employable age can obtain
an education and undergo basic and advanced training in accordance with their abilities;
1. children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration.
2 The Confederation and Cantons shall endeavour to ensure that everyone is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed.
3 They shall endeavour to achieve these social objectives within the scope of their constitutional powers and the resources available to them.
4 No direct right to state benefits may be established on the basis of these social objectives.
Title 3 : Confederation, Cantons and Communes
Chapter 2: Powers
Section 8: Housing, Employment, Social Security and Health
- 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.
- Article 112 – Old age, Survivors’ and Disability Insurance
(1) The Federation adopts rules on the old age, survivors, and disability insurance.
(2) In doing so, it shall adhere to the following principles:
1. The insurance is compulsory .
a bis. it provides cash and non-cash benefits.
1. pensions must be sufficient to cover basic living expenses adequately.
2. The maximum pension must not be more than twice the minimum pension.
3. Pensions must as a minimum be adjusted in line with price trends.
(3) The insurance is funded :
1. through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;
2. through subsidies from the Confederation.
(4) The subsidies from the Confederation may not exceed one half of the disbursements
made under the scheme
(5) The subsidies from the Confederation shall in the first place be funded from the net proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues from gaming houses.
- Art. 112a – Supplementary benefits
(1) Confederation and Cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the Old-age, Survivors and Invalidity Insurance.
(2) The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Confederation and Cantons.
- Art. 112b – Promoting the rehabilitation of people eligible for invalidity benefits
(1) The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance.
(2) The Cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of Institutions that provide accommodation and work.
(3) The law determines the goals of rehabilitation and the principles and criteria.
- Art. 112c – Aid for elderly people and people with disabilities
(1) The Cantons shall provide for assistance and care in the home for elderly people and people with disabilities.
(2) The Confederation shall support national efforts for the benefit of elderly people and people with disabilities. For this purpose, it may use resources from the Old-age, Survivors and Invalidity Insurance.
- 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:
1. 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.
2. the occupational pension scheme is compulsory for employees; the law may provide for exceptions.
3. 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.
4. self-employed persons may insure themselves on a voluntary basis with a pension institution.
5. 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.
- Article 114 – Unemployment Insurance
(1) The Confederation shall legislate on unemployment insurance.
(2) In doing so, it shall adhere to the following principles:
1. the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment.
2. the insurance is compulsory for employees; the law may provide for exceptions.
3. 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.
- Article 115 – Support for persons in need
Persons in need shall be supported by their Canton of residence. The Confederation regulates exceptions and powers.
- Article 116 – Child Allocations 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.
- Article 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. 117a – Primary medical care
(1) The Confederation and the Cantons shall within the scope of their powers ensure the adequate provision of high quality primary medical care that is accessible to all.
They shall recognise and promote family medicine as an essential component of primary care.
(2) The Confederation shall legislate on:
1. basic and continuing education and training for family medicine professions and the requirements for practising these professions;
2. appropriate remuneration for family medicine services.
- Art. 118 – Health protection
(1) The Confederation shall, within the limits of its powers, take measures for the protection of health.
(2) It shall legislate on:
1. the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health;
2. the combating of communicable, widespread or particularly dangerous human and animal diseases;
3. protection against ionising radiation.
- Art. 118a – Complementary medicine
The Confederation and the Cantons shall within the scope of their powers ensure that consideration is given to complementary medicine.
Link to the Swiss constitution (English, French, Italian, German)