1 - THE CHRISTIAN VALUES :

The Values of Switzerland such as our nation wanted them is relaying on the Almighty God and the respect of all.
They are universal Values. They also have to apply to our European neighbours, even world neighbours with whom we work every day :

 

SWISS CONSTITUTION PREAMBLE
 
In the name of Almighty God!
The Swiss People and the Cantons,
mindful of their responsibility towards creation,
resolved to renew their alliance so as to strengthen liberty, democracy,
independence and peace in a spirit of solidarity and openness towards the world,
determined to live together with mutual consideration and respect for their diversity
conscious of their common achievements and their responsibility towards future generationsons,
and in the knowledge that only those who use their freedom remain free,
and that the strength of a people is measured by the well-being of its weakest member,
adopt the following Constitution

 

2 - THE FUNDAMENTAL RIGHTSFONDAMENTAUX:

The fundamental rights which our nation wanted to guarantee to every citizen in order to respect the human dignity are the following ones

 

  Chapitre 1 FUNDAMENTAL RIGHTS
     
  Art. 7 Human dignity
    Human dignity must be respected and protected.
     
  Art. 8 Equality before the law
  1 Every person is equal before the law.
  2 No person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
  3 Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.
  4 The law shall provide for the elimination of inequalities that affect persons with disabilities.
     
  Art. 9 Protection against arbitrary conduct and principle of good faith
    Every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.
     
  Art. 10 Right to life and to personal freedom
  1 Every person has the right to life. The death penalty is prohibited.
  2 Every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.
  3 Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.
     
  Art. 11 Protection of children and young people
  1 Children and young people have the right to the special protection of their integrity and to the encouragement of their development.
  2 They may personally exercise their rights to the extent that their power of judgement allows.
     
  Art. 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.
     
  Art. 13 Right to privacy
  1 Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications.
  2 Every person has the right to be protected against the misuse of their personal data.
     
  Art. 14 Right to marry and to have a family
    The right to marry and to have a family is guaranteed.
     
  Art. 15 Freedom of religion and conscience
  1 Freedom of religion and conscience is guaranteed.
  2 Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others.
  3 Every person has the right to join or to belong to a religious community, and to follow religious teachings.
  4 No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
     
  Art. 16 Freedom of expression and of information
  1 Freedom of expression and of information is guaranteed
  2 Every person has the right freely to form, express, and impart their opinions.
  3 Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
     
  Art. 17 Freedom of the media
  1 Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed
diffusion de productions et d’informations ressortissant aux télécommunications
publiques est garantie.
  2 Censorship is prohibited.
  3 The protection of sources is guaranteed.
     
  Art. 18 Freedom to use any language
    The freedom to use any language is guaranteed.
     
  Art. 19 Right to basic education
    The right to an adequate and free basic education is guaranteed.
     
  Art. 20 Academic freedom
    Freedom of research and teaching is guaranteed.
     
  Art. 21 Freedom of artistic expression
    Freedom of artistic expression is guaranteed.
     
  Art. 22 Freedom of assembly
  1 Freedom of assembly is guaranteed.
  2 Every person has the right to organise meetings and to participate or not to participate in meetings.
     
  Art. 23 Freedom of association
  1 Freedom of association is guaranteed.
  2 Every person has the right to form, join or belong to an association and to participate in the activities of an association.
  3 No person may be compelled to join or to belong to an association.
     
  Art. 24 Freedom of domicile
  1 Swiss citizens have the right to establish their domicile anywhere in the country.
  2 They have the right to leave or to enter Switzerland.
     
  Art. 25 Protection against expulsion, extradition and deportation
  1 Swiss citizens may not be expelled from Switzerland and may only be extradited to a foreign authority with their consent.
  2 Refugees may not be deported or extradited to a state in which they will be persecuted.
  3 No person may be deported to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment.
     
  Art. 26 Guarantee of ownership
  1 The right to own property is guaranteed.
  2 The compulsory purchase of property and any restriction on ownership that is equivalent to compulsory purchase shall be compensated in full.
     
  Art. 27 Economic freedom
  1 Economic freedom is guaranteed.
  2 Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.
     
  Art. 28 Right to form professional associations
  1 Employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations.
  2 Disputes must wherever possible be resolved through negotiation or mediation.
  3 Strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings
  4 The law may prohibit certain categories of person from taking strike action.
     
  Art. 29

General procedural guarantees
  1 Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time.
  2 Each party to a case has the right to be heard.
  3 Any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.
     
  Art. 29a3 Guarantee of access to the courts
    In a legal dispute, every person has the right to have their case determined by a judicial authority.
     
  Art. 30 Judicial proceedings
  1 Any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent and impartial court. Ad hoc courts are prohibited.
  2 Unless otherwise provided by law, any person against whom civil proceedings have been raised has the right to have their case decided by a court within the jurisdiction in which they reside.
  3 Unless the law provides otherwise, court hearings and the delivery of judgments shall be in public.
     
  Art. 31 Deprivation of liberty
  1 No person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law.
  2 Any person deprived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. They must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed.
  3 Any person in pre-trial detention has the right to be brought before a court without delay. The court decides whether the person must remain in detention or be released. Any person in pre-trial detention has the right to have their case decided within a reasonable time.
  4 Any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. The court shall decide as quickly as possible on the legality of their detention.
     
  Art. 32 Criminal proceedings
  1 Every person is presumed innocent until they have been found guilty by a legally enforceable judgment.
  2 Every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. They must be given the opportunity to assert their rights to a proper defence.
  3 Every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the Federal Supreme Court sits at first instance.
     
  Art. 33 Right of petition
  1 Toute personne a le droit, sans qu’elle en subisse de préjudice, d’adresser des pétitions
aux autorités.
  2 Les autorités doivent prendre connaissance des pétitions.
     
  Art. 34 Droits politiques
  1 Every person has the right, without prejudice, to petition the authorities.
  2 The authorities must acknowledge receipt of such petitions.
     
  Art. 35 Upholding of fundamental rights
  1 Fundamental rights must be upheld throughout the legal system.
  2 Whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation.
  3 The authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons.
     
  Art. 36 Restrictions on fundamental rights
  1 Restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others.
  2 Restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others.
  3 Any restrictions on fundamental rights must be proportionate.
  4 The essence of fundamental rights is sacrosanct.

 

3 - THE GUARANTEED HUMAN RIGHTS FROM THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Our nation made the commitment to respect the guaranteed rights by the ECHR(EUROPEAN COURT OF HUMAN RIGHTS) which are the following ones :
  Article 1 : Obligation to respect Human Rights
    The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention :
     
  Article 2 : Right to life
  1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
  2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
    a) in defence of any person from unlawful violence ;
    b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained ;
    c) in action lawfully taken for the purpose of quelling a riot or insurrection.
     
  Article 3 : Prohibition of torture
    No one shall be subjected to torture or to inhuman or degrading treatment or punishment
     
  Article 4 : Prohibition of slavery and forced labour
  1. No one shall be held in slavery or servitude.
  2. No one shall be required to perform forced or compulsory labour.
  3. For the purpose of this Article the term “forced or compulsory labour” shall not include :
    a) any work required to be done in the ordinary course of detention imposed according to the provisions of article 5 of this Convention or during conditional release from such detention ;
    b) any service of a military character or, in case of conscientious objectors in countries where they are
recognised, service exacted instead of compulsory military service ;
    c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the ommunity
    d) any work or service which forms part of normal civic obligations.
     
  Article 5 : Right to liberty and security
  1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
    a) the lawful detention of a person after conviction by a competent courts;
    b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
    c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal
authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary
to prevent his committing an offence or fleeing after having done so
    d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for
the purpose of bringing him before the competent legal authority;s'il s'agit de la détention régulière d'un mineur, décidée pour son éducation surveillée ou de sa détention régulière, afin de le traduire devant l'autorité compétente ;
    e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants
    f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extraditionadition est en cours.
  2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
  3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
  4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
  5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.
     
  Article 6 : Right to a fair trial
  1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests
of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
  2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
  3. Everyone charged with a criminal offence has the following
minimum rights:
    a)      to be informed promptly, in a language which he understands and in detail, of the nature and cause of the
accusation against him; ;
    b)  to have adequate time and facilities for the preparation of his defence;
    c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
    d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
    e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court
     
  Article 7 : No punishment without law
  1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
  2. This Article shall not prejudice the trial and punishment of
any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of
law recognised by civilised nations.
     
  Article 8 : Right to respect for private and family life
  1. Everyone has the right to respect for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of
national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
     
  Article 9 : Freedom of thought, conscience and religion
  1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
  2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
     
  Article 10: Freedom of expression
  1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
  2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
     
  Article 11: Freedom of assembly and association
  1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
  2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
     
  Article 12: Right to marry
    Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
     
  Article 13: Right to an effective remedy
    Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
     
  Article 14: Prohibition of discrimination
    The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
     
  Article 15: Derogation in time of emergency
  1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
  2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4
(paragraph 1) and 7 shall be made under this provision.
  3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
     
  Article 16: Restrictions on political activity of aliens
    Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
     
  Article 17: Prohibition of abuse of rights
    Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
     
  Article 18: Limitation on use of restrictions on rights
    The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.