Disability Equality Act (Switzerland)
| Basic data | |
|---|---|
| Title: | Federal law on the elimination of discrimination against people with disabilities |
| Short title: | Disability Equality Act |
| Abbreviation: | BehiG |
| Type: | Federal law |
| Scope: | Switzerland |
| Legal matter: | Fundamental rights |
|
Systematic legal collection (SR) : |
151.3 |
| Original version from: | December 13, 2002 |
| Entry into force on: | January 1, 2004 |
| Please note the note on the applicable legal version. | |
The Federal Act on the Elimination of Disadvantages for People with Disabilities (Disability Equality Act, BehiG) of 2004 regulates the equality of people with disabilities in Switzerland.
Emergence
In 1998 the federal popular initiative “Equal Rights for the Disabled” was launched and submitted on June 14, 1999. She called for a new Article 4bis to be anchored in the federal constitution to prohibit discrimination on grounds of disability. It also provided for an obligation on the part of the legislature to eliminate discrimination against people with disabilities.
The Federal Parliament had approved at the same time as current total revision of the Federal Constitution in Article 8, two specific provisions on equal treatment of people with disabilities. They were adopted together with the new federal constitution in the referendum on April 18, 1999 and came into force on January 1, 2000. Article 8, paragraph 2 of the Federal Constitution, states: "Nobody may be discriminated against [...] because of a physical, mental or psychological disability". Article 8 paragraph 4 instructs the federal legislature to take "measures to remove disadvantages for the disabled".
To implement this legislative mandate, the Federal Act on the Elimination of Disadvantages for People with Disabilities (Disability Equality Act; BehiG) of December 13, 2002 was created. It came into force on January 1, 2004. The popular initiative was rejected in a referendum on May 18, 2003.
content
The Disability Equality Act contains provisions that make it easier for people with disabilities to participate in social life. Its purpose is "to prevent, reduce or eliminate disadvantages to which people with disabilities are exposed" (Art. 1 Para. 1 BehiG). This prohibition of discrimination applies to publicly accessible buildings and facilities. It applies to residential buildings with more than eight residential units and to companies with more than 50 jobs. It also applies to public transport, employment under public law, services provided by the Confederation, the cantons and licensed companies, as well as training and further education.
The prohibition of discrimination can be enforced as long as the principle of proportionality is not violated. A weighing of interests must be carried out. It should be checked whether the expected benefit for people with disabilities should be weighted higher than the economic expenditure, the interests of nature and homeland protection or traffic and operational safety.
The law does not require that private companies must also take special measures in order to provide their services without disadvantaging people with disabilities. They are only forbidden to discriminate against people with disabilities. In such a case, affected persons or organizations for the disabled can request compensation up to a maximum of CHF 5,000.
It also provides the possibility that the federal government can financially support projects to promote actual equality.
Federal Bureau for Equal Opportunities for People with Disabilities (EBGB)
The Federal Bureau for the Equality of People with Disabilities (EBGB) is responsible for the financial support of projects in the field of disability equality . It checks, accompanies and evaluates the projects. The EBGB provides information on equality law for the disabled, there are analyzes and studies in the field of equality and integration on behalf of. It coordinates the activities of public bodies and private organizations active in this field.
Ordinance law
Three ordinances specify the Disability Equality Act:
- Disability Equality Ordinance (BehiV), SR 151.31
- Ordinance on the Disability-friendly Design of Public Transport (VböV), SR 151.34
- Ordinance on the technical requirements for the disabled-friendly design of public transport (VAböV) SR 151.342
literature
- Working group BASS / ZHAW: Evaluation of the BehiG. Integral final report Bern 2015.
- Eric Bertels: Swiss Disability Equality. Origin, development, impact. Basel 2016.
- Federal Council : Message on the popular initiative «Equal Rights for the Disabled» and on the draft federal law on the elimination of disadvantages for people with disabilities of 11 December 2000 ( BBl 2001 1715 ).
- Markus Schefer , Caroline Hess-Klein: Disability equality law. Stämpfli Verlag, Bern 2014, ISBN 978-3-7272-3116-2 .
Web links
- Federal Bureau for the Equality of People with Disabilities EBGB
- Website Human Rights Switzerland: The Disability Equality Act
- 00.094 Federal Council business "Equal rights for the disabled". Popular initiative and federal law on the elimination of disadvantages for people with disabilities