EXPLAINED: What foreigners should know about the Swiss constitution

The foundation of Switzerland’s constitution as we know it today was laid down in 1848.

Most of the rights outlined therein — to free speech, dignity, and equality, for instance — are similar to those guaranteed by other western nations.

But there are differences as well, mostly due to Switzerland’s unique system of direct democracy: unlike other constitutions, Switzerland’s is amended regularly.

Swiss citizens can demand an amendment to the constitution or the adoption of a new article by organising a popular initiative. A partial or complete revision of the constitution must be approved by a majority of voters and a majority of cantons," according to the parliament.

In other words, the modern Swiss constitution reflects not so much the will of its historic creators, but that of the people.

What are some of the unique features of Switzerland’s constitution?

'Right to life and to personal freedom': this sounds reasonable enough, and nobody but a totalitarian ‘dictator would deny those rights to citizens.

But in Switzerland this law has a different connotation: ‘personal freedom’ here extends to the right of self-determination in matters of life and death — hence Switzerland’s famous (or infamous, according to critics) assisted suicide legislation.

READ ALSO: What are Switzerland's new assisted suicide rules?

That particular law has been on the books since 1941, but some newer amendments were added to the constitution over the years, as a result of popular votes.

For instance, protection of animal and plant life, as well as moors and wetlands, is inscribed in the constitution.

There is also a law stating that "the adequate range of public transport services must be provided on rail, roads, water and by cableway in all regions of the country".

Not only that, but "the network of footpaths, hiking trails and cycle paths" is also a constitutional right in Switzerland.

Are there amendments concerning foreign nationals?

Yes, there is a whole section on this topic.

The constitution lays out that foreign nationals can be "expelled from Switzerland if they pose a risk to the security of the country".

Here's a look at the passage in more detail: "Irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in Switzerland if they: are convicted with legal binding effect of an offence of intentional homicide, rape or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burglary offence; or have improperly claimed social insurance or social assistance benefits."

READ ALSO: When can a foreigner be ordered to leave Switzerland?

And in case you have been wondering where the quota system for non-EU/EFTA employees came from — yes, it is spelled out in the constitution:

“The number of residence permits for foreign nationals in Switzerland shall be restricted by annual quantitative limits and quotas," says the document.

"The quantitative limits apply to all permits issued under legislation on foreign nationals, including those related to asylum matters. The right to permanent residence, family reunification and social benefits may be restricted." 

The constitution also says that the annual limits and quotas for foreigners "must be determined according to Switzerland's general economic interests, while giving priority to Swiss citizens; the limits and quotas must include cross-border commuters.

"The decisive criteria for granting residence permits are primarily an application from an employer, ability to integrate, and adequate, independent means of subsistence."

If you want to find out what else is in the Swiss constitution, including references as to which popular votes or referendums drove the amendments, you can check it out here.