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LIVING IN SWITZERLAND

Do foreigners in Switzerland have the same legal rights as the Swiss ?

Foreigners living in Switzerland may be wondering what their basic rights are compared to Swiss citizens. The answer depends on several factors.

Do foreigners in Switzerland have the same legal rights as the Swiss ?
Voting is among rights that foreigners in Switzerland don't have. Photo by MICHAEL BUHOLZER / AFP

There are currently 2.2 million foreign nationals living in Switzerland — roughly 25 percent of the population.

Simply put, everyone residing in the country legally, regardless of nationality, has the same basic constitutional rights as Swiss citizens do — for instance, the right to human dignity, free expression, equality, protection against discrimination, and freedom of religion, among other rights.

They also have the right to fair and equitable treatment in the workplace, in terms of wages, work hours, and other employment-related matters.

As the law states, cantons and municipalities “shall create favourable regulatory conditions for equal opportunities and for the participation of the foreign population in public life”. 

If they are arrested or imprisoned, foreigners also have the right to fair trial and to the same treatment as their Swiss-citizen counterparts, including legal representation and due process of the law.

Even those who are subject to deportation have the right to be represented by a lawyer.

And the Swiss legal system doesn’t necessarily favour Swiss litigants over foreign ones. For instance, in some cases, foreign nationals whose request for naturalisation was denied but who then appealed the decision, eventually won.

The most recent example is a man in the canton of Schwyz whose application for citizenship was rejected due to a minor car accident, but a Swiss court overturned the decision, ordering that the man be naturalised this year.

READ MORE : Foreigner wins appeal after being denied Swiss citizenship due to car accident

Where the rights and privileges differ between foreigners and Swiss, as well as among foreigners themselves, is when it comes to work and residency rights.

 EU / EFTA nationals

People from these countries, who have B or C permanent residence status have sweeping rights in terms of residence, employment (including self-employment), and home ownership.

The only right that is denied them is the vote, though some cantons and communes grant their resident foreigners the right to vote on local issues and to elect local politicians. 

READ MORE : Where in Switzerland can foreigners vote?

Apart from the limit on political participation, EU / EFTA nationals can live in Switzerland in pretty much the same way as their Swiss counterparts.

There are, however, some groups of foreigners whose rights are curtailed by the Swiss government.

Third country nationals

They are people from countries outside Europe, for whom various restrictions are in place in terms of entry, employment and residency.

For instance, their “future employer must prove that there is no suitable person to fill the job vacancy from Switzerland or from an EU/EFTA state”, according to State Secretariat for Migration. This could be seen as a discrimination of sorts, but that’s what the law says.

Once employed, however, “their salary, social security contributions and the terms of employment must be in accordance with conditions customary to the region, the profession and the particular sector” — in other words, no discrimination is allowed.

Another area where non-European foreigners are disadvantaged in comparison with their EU / EFTA counterparts is home ownership. While third-nation B-permit holders can buy a property to live in (but not rent out), they can’t purchase a holiday or second home without a special permission.

To sum up, all foreigners in Switzerland, regardless of their status, are entitled to fundamental “human” rights, including freedom of speech and religion, and freedom from discrimination in life and employment.

They also have the right to legal protection and representation during litigation or other court actions.

However they don’t have the right to participate in the country’s political process and, depending on their status, have equal access to residency and employment.

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LIVING IN SWITZERLAND

How to avoid wasps this summer in Switzerland

Milder winters and springs mean we see more wasps in Switzerland this summer. Here is how to legally (and successfully) avoid them.

How to avoid wasps this summer in Switzerland

If you feel like you are never alone anymore – because there is always a pesky little wasp around – and the number of nests has grown significantly this summer, this might be the case.

As the planet gets hotter and winters and springs have milder temperatures, there are more wasps than usual buzzing around Europe this summer.

In France, pest control companies even call 2022 the “year of the wasp”, as The Local France reported.

More wasps are buzzing around – and they are angry

There is an abundance of wasps this summer even in Switzerland and they are not exceptionally good-natured right now, according to Daniel Cherix, a leading insect specialist at the University of Lausanne. The more wasps there are, the more in competition they are for food sources — which includes your outdoor barbecue food or bottle of soda.

The hot weather makes it easier for the wasps to work more hours feeding the larvae. However, the longer and harder they work, the more tired and hungrier they become.

READ ALSO: Why Switzerland is abuzz with ‘tired and angry’ wasps

This means that, just like their human counterparts, they need to rest and eat, making a beeline for the nearest food source.

“If there is no prey, they have to fly longer. So they will start to get tired and angry”, Cherix said, which doesn’t bode well for the nearest available human.

This situation is expected to worsen until the autumn; until then, the wasp colonies will continue to get bigger and presumably angrier and more tired.

How can I avoid wasps?

Even though the number of wasps is rising in Switzerland, only two of the nine local wasp species are attracted by human food. Additionally, they are all peaceful as long as you don’t get too close to their nest, the Swiss Federal Office for the Environment says.

The government also states several measures that can be taken to avoid wasps. It reiterates, though, that if any of these animals are nearby, it is vital to “behave calmly and not to make hectic movements that could make the wasps feel threatened”.

wasp nest bee hive

Some nests are harmless and shouldn’t be disturbed. (Photo by Ante Hamersmit on Unsplash)

Wasps can be kept away by insect screens, covering food and drinks served outside, drinking sweet drinks with a straw when outdoors, and removing and cleaning dishes and food after eating out. The Environment office also recommends removing fallen fruits under fruit trees in the garden to avoid attracting was.

People can also spray individual wasps (but never nests!) with water to get them to fly away.

READ ALSO: Swiss study says bee-harming pesticides present in 75 percent of honey worldwide

To prevent nesting, it’s important to close small openings in and around your house. Wasps like to nest in dark, shelter places, such as attics and any holes in the buildings. Recognising a nest early can help you prevent it from growing and adopt the proper measures – such as calling specialised assistance if necessary.

What to do if I find a wasp nest in my home?

There are specific rules of conduct to be followed if you find a wasp nest, especially since wasps will attack if they feel their nest threatened. Wasps stings are usually harmless unless you are allergic, but they can be painful.

A relocation could be necessary if the nest is near homes with children, allergic people or the elderly. If it is harmless or summer is close to ending, though, many specialists will advise you just to wait it out – wasps will die when it gets cold.

A specialised service needs to be hired if the nest needs to be relocated.

The last resort is to kill the nest using chemicals, but this needs to be done by specialists with federal approval to use such biocides. In some cantons, environmental protection rules forbid using chemicals without a proper license.

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