The Constitutional Rights of the Foreigners in Switzerland

Abstract

The aim of this article is to examine the rights of foreigners and immigrants in Switzerland. It is focused at the analyzing the division of the immigration law into three basic legal levels: constitutional, international law level and the simple level. Another division is that of the fundamental rights into political, economic and rights concerning the social field (in this sense: "social rights”). The economic and social field rights, are acknowledged both to the native and the immigration population alike. On the contrary, the political rights are principally acknowledged to Swiss citizens. According to citizenship, they are divided into nationals and aliens. Those in possession of Swiss citizenship are referred to as nationals. Those in possession of more than one citizenships, one of which is Swiss, are deemed nationals and bear the rights and obligations of Swiss citizens. It will will be seen all the constitutional rights with details giving an answer to the question: Is every constitutional right acknowledged for a foreigner or not?. For example the mother constitutional right of human value is protected both in support of nationals as well as aliens. Also equality which is a basic constitutional right applied to all Swiss citizens. It is also valid for the exercise of the rights of foreigners alike. Freedom in the sense of "non-slavery" is safeguarded for everyone, therefore foreigners as well. There are certain issues, which are particularly pressing in relation to aliens, whereas do not pose a problem at all for Swiss citizens. These are issues referring to the freedom of travelling in general. The stay of aliens in the Swiss territory is allowed only for the time period determined by their permit and it is directly linked to the fulfillment of certain obligations. All aliens in the Swiss territory are owners of human rights, which are acknowledged to every human being and the exercise of these rights, such as the right to life, honour and religion, does not depend on the legality of entry and stay in the country. Legal aliens enjoy a much more favourable juridical status. Exit from the Swiss territory is distinguished into voluntary and involuntary (compulsory). Freedom of exit from the country is safeguarded for all Swiss as well as aliens. In principle, no one can be prevented from departing the country. The case of compulsory exit differs. Compulsory exit for Swiss citizens is not provided. Another important issue which will be analyzed in this sis the voting process and the participation of the foreigners in Switzerland. This country has some innovative ideas concerning the rights of the foreigners to vote, especially in some Cantons.

DOI: 10.5901/mjss.2013.v4n11p556