Powers

Foreign relations are the responsibility of the Confederation.

The Confederation shall ensure that the independence of Switzerland and its welfare is safeguarded; it shall in particular assist in the alleviation of need and poverty in the world and promote respect for human rights and democracy, the peaceful co-existence of peoples as well as the conservation of natural resources.

It shall respect the powers of the Cantons and protect their interests.

The Cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests.

The Confederation shall inform the Cantons fully and in good time and shall consult with them.

The views of the Cantons are of particular importance if their powers are affected. In such cases, the Cantons shall participate in international negotiations in an appropriate manner.

A Canton may conclude treaties with foreign states on matters that lie within the scope of its powers.

Such treaties must not conflict with the law or the interests of the Confederation, or with the law of any other Cantons. The Canton must inform the Confederation before concluding such a treaty.

A Canton may deal directly with lower ranking foreign authorities; in other cases, the Confederation shall conduct relations with foreign states on behalf of a Canton.

Section 2 Security, National Defence, Civil Defence

The Confederation and the Cantons shall within the scope of their powers ensure the security of the country and the protection of the population.

They shall coordinate their efforts in the area of internal security.

Switzerland shall have armed forces. In principle, the armed forces shall be organised as a militia.

The armed forces serve to prevent war and to maintain peace; they defend the country and its population. They shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. Further duties may be provided for by law.

The deployment of the armed forces is the responsibility of the Confederation.

Every Swiss man is required to do military service. Alternative civilian service shall be provided for by law.

Military service is voluntary for Swiss women.

Any Swiss man who does not do military or alternative service is liable to pay a tax. This tax is levied by the Confederation and assessed and collected by the Cantons.

The Confederation shall legislate for fair compensation for loss of income.

Persons who suffer damage to their health or lose their lives while doing military or alternative civilian service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin.

Armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of the Confederation.

The Confederation may, in return for appropriate compensation, take over the running of cantonal military installations

The legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the Confederation.

The Confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies.

It may declare civil defence service to be compulsory for men. For women, such service is voluntary.

The Confederation shall legislate on fair compensation for loss of income.

Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin.

Section 3 Education, Research and Culture

The Confederation and the Cantons shall, within the scope of their powers, jointly ensure the high quality and accessibility of the Swiss Education Area.

They shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures.

They shall ensure in the fulfilment of their duties that general and vocational courses of study achieve equal recognition in society.

Revised by the Editing Committee of the Federal Assembly, Art. 58 para. 1 ParlA (

SR

171.10

The Cantons are responsible for the system of school education.

They shall ensure the provision of an adequate basic education that is available to all children. Basic education is mandatory and is managed or supervised by the state. At state schools it is free of charge.

The Cantons shall ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20.

Where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and compulsory school attendance, the duration and objectives of levels of education, and the transition for one level to another, as well as the recognition of qualifications, the Confederation shall issue regulations to achieve such harmonisation.

The Confederation shall regulate the start of the school year.

The Cantons shall participate in the drafting of federal legislation on school education that affects cantonal responsibilities, and special account shall be taken of their opinions.

With transitional provision.

The Confederation shall issue regulations on vocational and professional education and training.

It shall encourage the provision of a diverse and accessible range of courses in vocational and professional education and training.

The Confederation shall manage the Federal Institutes of Technology. It may establish, take over or manage additional universities and other higher education institutions.

It shall support the cantonal universities and may make financial contributions to other higher education institutions that it recognises.

The Confederation and the Cantons are jointly responsible for the coordination and guarantee of quality in Swiss higher education. In fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions

with the same functions.

In order to fulfil their duties, the Confederation and the Cantons shall enter into agreements and delegate certain powers to joint administrative authorities. The law shall regulate the powers that may be delegated, and determine the principles governing the organisation of and procedures for coordination.

If the Confederation and the Cantons fail to reach their common goals by means of coordination, the Confederation shall issue regulations on levels of studies and the transition from one level to another, on postgraduate education and on the recognition of institutions and qualifications. In addition, the Confederation may impose standard funding principles for subsidising of universities, and may make subsidies contingent on universities sharing particularly cost-intensive activities.

The Confederation shall promote scientific research and innovation.

It may make its support conditional in particular on quality assurance and coordination being guaranteed.

It may establish, take over or run research institutes.

The Confederation shall specify principles governing continuing education and training.

It may promote continuing education and training.

The law shall specify the fields of and the criteria for such promotion.

The Confederation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land and the environment in Switzerland.

It may issue regulations on the harmonisation and maintenance of official registers in order to reduce the cost of compiling data.

The Confederation may contribute to cantonal expenditure on grants provided to students at universities and higher education institutions. It may encourage the intercantonal harmonisation of education grants and lay down principles for the payment of education grants.

It may also supplement cantonal measures while preserving cantonal autonomy in education matters by taking its own measures to promote education.

In fulfilling their duties, the Confederation and Cantons shall take account of the special need of children and young people to receive encouragement and protection.

The Confederation may supplement cantonal measures by supporting extra-curricular work with children and young people.

The Confederation and Cantons shall encourage musical education, in particular that of children and young people.

They shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. If the Cantons are unable to harmonise the goals of music teaching in schools by means of coordination, the Confederation shall issue the required regulations.

In consultation with the Cantons, the Confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons.

The Confederation shall encourage sport, and in particular education in sport.

It shall operate a sports school.

It may issue regulations on sport for young people and declare the teaching of sport in schools to be compulsory.

Cultural matters are a cantonal responsibility.

The Confederation may support cultural activities of national interest as well as art and music, in particular in the field of education.

In the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country.

The official languages of the Confederation are German, French and Italian. Romansh is also an official language of the Confederation when communicating with persons who speak Romansh.

The Cantons shall decide on their official languages. In order to preserve harmony between linguistic communities, the Cantons shall respect the traditional territorial distribution of languages and take account of indigenous linguistic minorities.

The Confederation and the Cantons shall encourage understanding and exchange between the linguistic communities.

The Confederation shall support the plurilingual Cantons in the fulfilment of their special duties.

The Confederation shall support measures by the Cantons of Graubünden and Ticino to preserve and promote the Romansh and the Italian languages.

The Confederation may encourage Swiss film production and film culture.

It may issue regulations to promote the diversity and the quality of the cinematographic works that are offered.

The regulation of the relationship between the church and the state is the responsibility of the Cantons.

The Confederation and the Cantons may within the scope of their powers take measures to preserve public peace between the members of different religious communities.

The construction of minarets is prohibited.

Section 4 Environment and Spatial Planning

The Confederation and the Cantons shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population.

The Confederation shall legislate on the protection of the population and its natural environment against damage or nuisance.

It shall ensure that such damage or nuisance is avoided. The costs of avoiding or eliminating such damage or nuisance are borne by those responsible for causing it.

The Cantons are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the Confederation.

The Confederation shall lay down principles on spatial planning. These principles are binding on the Cantons and serve to ensure the appropriate and economic use of the land and its properly ordered settlement.

The Confederation shall encourage and coordinate the efforts of the Cantons and shall cooperate with them.

Confederation and Cantons shall take account of the requirements of spatial planning in fulfilling their duties.

The National Land Survey is the responsibility of the Confederation.

The Confederation shall issue regulations on official surveying.

It may issue regulations on the harmonisation of official information relating to the land.

No more than 20 per cent of the total stock of residential units and the gross residential floor area in any commune may be used as second homes.

The law shall require communes to publish their first home percentage plan and a detailed report on its implementation every year.

With transitional provision.

The Confederation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water.

It shall lay down principles on the conservation and exploitation of water resources, the use of water for the production of energy and for cooling purposes, as well as on other measures affecting the water-cycle.

It shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation.

The Cantons shall manage their water resources. They may levy charges for the use of water, subject to the limits imposed by federal legislation. The Confederation has the right to use water for its transport operations subject to payment of a charge and compensation.

The Confederation, in consultation with the Cantons concerned, shall decide on rights to international water resources and the charges for them. If Cantons are unable to agree on rights to intercantonal water resources, the Confederation shall decide.

The Confederation shall take account of the concerns of the Cantons where the water originates in fulfilling its duties.

The Confederation shall ensure that the forests are able to fulfil their protective, commercial and public amenity functions.

It shall lay down principles on the protection of the forests.

It shall encourage measures for the conservation of the forests.

The protection of natural and cultural heritage is the responsibility of the Cantons.

In the fulfilment of its duties, the Confederation shall take account of concerns for the protection of natural and cultural heritage. It shall protect the countryside and places of architectural, historical, natural or cultural interest; it shall preserve such places intact if required to do so in the public interest.

It may support efforts made for the protection of natural and cultural heritage and acquire or preserve properties of national importance by contract or through compulsory purchase.

It shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. It shall protect endangered species from extinction.

Moors and wetlands of special beauty and national importance shall be preserved. No buildings may be built on them and no changes may be made to the land, except for the construction of facilities that serve the protection of the moors or wetlands or their continued use for agricultural purposes.

The Confederation shall lay down principles on fishing and hunting and in particular on the preservation of the diversity of fish species, wild mammals and birds.

The Confederation shall legislate on the protection of animals.

It shall in particular regulate:

a. the keeping and care of animals;

b. experiments on animals and procedures carried out on living animals;

c. the use of animals;

d. the import of animals and animal products;

e. the trade in animals and the transport of animals;

f. the killing of animals.

The enforcement of the regulations is the responsibility of the Cantons, except where the law reserves this to the Confederation.

Section 5 Public Construction Works and Transport

The Confederation may in the interests of the country as a whole or a large part of it carry out and operate public construction works, or provide support for such construction works.

The Confederation and the Cantons shall ensure that an adequate range of public transport services is provided on rail, roads, water and by cableway in all regions of the country. In doing so, appropriate account must be taken of the interests of rail freight transport.

The costs of public transport shall be covered to an appropriate extent by the prices paid by users.

The Confederation shall legislate on road transport.

It shall exercise oversight over roads of national importance; it may decide which transit roads must remain open to traffic.

Public roads may be used free of charge. The Federal Assembly may authorise exceptions.

The Confederation and the cantons shall ensure that there is adequate road infrastructure in all regions of the country.

2 The Confederation shall ensure the construction of a network of national highways and guarantee that they remain useable. It shall construct, operate and maintain the national highways. It shall bear the costs thereof. It may assign this task wholly or partly to public or private bodies or combined public-private bodies.

The Confederation shall protect the Alpine region from the negative effects of transit traffic. It shall limit the nuisance caused by transit traffic to a level that is not harmful to people, animals and plants or their habitats.

Transalpine goods traffic shall be transported from border to border by rail. The Federal Council shall take the measures required. Exceptions are permitted only when there is no alternative. They must be specified in detail in a federal act.

The capacity of the transit routes in the Alpine region may not be increased. This does not apply to by-pass roads that reduce the level of transit traffic in towns and villages.

With transitional provision

The Confederation may levy a capacity or mileage-related charge on heavy vehicle traffic where such traffic creates public costs that are not covered by other charges or taxes.

The net revenue from the charge shall be used to cover the costs incurred in connection with overland transport.

The Cantons are entitled to a share of the net revenue. In the assessment of the shares allocated, the particular consequences that levying the charge have for mountainous and remote regions shall be taken into account.

With transitional provision

The Confederation shall levy a charge for the use of the national highways by motor vehicles and trailers that are not liable to pay the heavy vehicle charge.

A fund shall be set up to finance the national highways and contributions towards measures to improve the road transport infrastructure in cities and urban areas.

The following monies shall be allocated to the fund:

a. the net proceeds of the national highways charge in accordance with Article 85

a

b. the net proceeds of the special consumption tax in accordance with Article 131 paragraph 1 letter d;

c. the net proceeds of the surcharge in accordance with Article 131 paragraph 2 letter a;

d. the net proceeds of the charge in accordance with Article 131 paragraph 2 letter b;

e. a percentage of the net proceeds from the consumption tax on all motor fuels, with the exception of aviation fuels, in accordance with Article 131 paragraph 1 letter e; this shall amount to 9 per cent each of the net proceeds under letter c and 9 per cent of one half of the net proceeds of the consumption tax on all motor fuels, with the exception of aviation fuels, but no more than 310 million francs per year; the indexation of this amount shall be regulated by law;

f. in general, 10 per cent of the net proceeds of consumption tax on all motor fuels, with the exception of aviation fuels, in accordance with Article 131 paragraph 1 letter e;

g. the proceeds to cover additional expenditure on new sections of the national highways from the special finance programme in accordance with paragraph 3 letter g and from contributions made by the Cantons:

h. other monies allocated by law in connection with road transport.

A special finance programme shall be administered for the following tasks and costs in connection with road transport:

a. contributions towards measures to promote combined transport and the transport of motor vehicles and drivers;

b. contributions towards the cost of main roads;

c. contributions towards protective structures to prevent natural disasters and measures to protect the environment and countryside from the effects of road traffic;

d. general contributions towards the costs incurred by the Cantons for roads open to motor vehicles;

e. contributions to Cantons without national highways;

f. research and administration;

g. contributions to the fund in accordance with paragraph 2 letter g.

The special finance programme shall be allocated one half of the net proceeds of the consumption tax on all motor fuels, with the exception of aviation fuels, in accordance with Article 131 paragraph 1 letter e, under deduction of the monies under paragraph 2 letter e.

Where the special finance programme has a proven need and in order to form appropriate reserves in the special finance programme, proceeds from the consumption tax in accordance with Article 131 paragraph 1 letter d shall be allocated to the special finance programme instead of the fund.

With transitional provision.

The legislation on rail transport, cableways, shipping, aviation and space travel is the responsibility of the Confederation.

With transitional provision

The Confederation shall bear the principal burden of financing railway infrastructure.

Railway infrastructure shall be financed from a fund. The following resources shall be allocated to the fund:

a. a maximum of two thirds of the revenue from the heavy vehicle charge under Article 85;

b. the revenue from the increase in value added tax under Article 130 paragraph 3 ;

c. 2.0 per cent of the receipts from the direct federal taxation of private individuals;

d. 2,300 million francs each year from the general federal budget; the indexation of this amount shall be regulated by law.

The Cantons shall participate appropriately in the financing of railway infrastructure. The details shall be regulated by law.

The law may provide for additional financing from third parties.

With transitional provision.

One half of the net proceeds of the consumption tax on aviation fuels and the surcharge on the consumption tax on aviation fuels shall be used for the following tasks and costs in connection with air traffic:

a. contributions towards environmental protection measures made necessary by air traffic;

b. contributions towards security measures to protect against unlawful acts against air traffic, and in particular against terrorist attacks and the hijacking of aircraft, insofar as such measures are not the responsibility of national authorities;

c. contributions towards measures to ensure a high technical level of safety in air traffic.

The Confederation shall lay down principles with regard to the network of footpaths, hiking trails and cycle paths.

It may support and coordinate measures by the cantons and third parties to construct and maintain such networks and to provide information about them. In doing so, it shall respect the powers of the cantons.

It shall take account of these networks in the fulfilment of its duties. It shall replace paths and trails that it has to close.

Section 6 Energy and Communications

Within the scope of their powers, the Confederation and Cantons shall endeavour to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy supply as well as the economic and efficient use of energy.

The Confederation shall establish principles on the use of local and renewable energy sources and on the economic and efficient use of energy.

The Confederation shall legislate on the use of energy by installations, vehicles and appliances. It shall encourage the development of energy technologies, in particular in the fields of saving energy and the renewable energy sources.

The Cantons shall be primarily responsible for measures relating to the use of energy in buildings.

The Confederation shall take account in its energy policy of the efforts made by the Cantons, the communes and the business community; it shall take account of the conditions in the individual regions of the country and the limitations of what is economically feasible.

The Confederation is responsible for legislation in the field of nuclear energy.

With transitional provision

The Confederation shall legislate on the transport and the supply of electrical energy.

The Confederation is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels.

The Confederation is responsible for postal and telecommunications services.

The Confederation shall ensure the adequate, universal and reasonably priced provision of postal and telecommunications services in all regions of the country. The rates shall be fixed according to standard principles.

The Confederation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information.

Radio and television shall contribute to education and cultural development, to the free shaping of opinion and to entertainment. They shall take account of the particularities of the country and the needs of the Cantons. They shall present events accurately and allow a diversity of opinions to be expressed appropriately.

The independence of radio and television as well as their autonomy in deciding on programming is guaranteed.

Account must be taken of the role and duties of other media, in particular the press.

Complaints about programmes may be submitted to an independent complaints authority.

Section 7 The Economy

The Confederation and the Cantons shall abide by the principle of economic freedom.

They shall safeguard the interests of the Swiss economy as a whole and, together with the private sector, shall contribute to the welfare and economic security of the population.

They shall endeavour within the scope of their powers to create favourable general conditions for the private sector.

Any divergence from the principle of economic freedom, and in particular measures designed to restrain competition, shall be permitted only if they are provided for in the Federal Constitution or based on cantonal monopoly rights.

The Confederation may legislate on professional activities in the private sector.

It shall seek to create a unified Swiss economic area. It shall guarantee that persons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a Canton are able to practise their profession throughout Switzerland.

For the protection of the economy, private property and shareholders, and to guarantee sustainable corporate governance, the law shall regulate Swiss companies limited by shares listed on stock exchanges in Switzerland or abroad in accordance with the following principles:

a. the general meeting votes on an annual basis on the total amount of all remuneration (money and the value of benefits in kind) given to the board of directors, the executive board and the board of advisors. It elects on an annual basis the president of the board of directors, the individual members of the board of directors and the remuneration committee, and the independent representatives of voting rights. Pension funds vote in the interests of their insured members and disclose how they have voted. Shareholders may vote remotely online; they may not be represented by a governing officer of the company or by a custodian bank;

b. the governing officers may not be given severance or similar payments, advance payments, bonuses for company purchases and sales, additional contracts as consultants to or employees of other companies in the group. The management of the company may not be delegated to a legal entity;

c. the articles of association regulate the amount of credits, loans and pensions payable to governing officers, their profit-sharing and equity participation plans and the number of mandates they may accept outside the group, as well as the duration of employment contracts of members of the executive board;

d. persons violating the provisions under letters a-c are liable to a custodial sentence not exceeding three years and to a monetary penalty not exceeding six times their annual remuneration.

With transitional provision

The Confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition.

It shall take measures:

a. to prevent abuses in price maintenance by dominant undertakings and private and public law organisations;

b. against unfair competition.

The Confederation shall take measures to protect consumers.

It shall legislate on the legal remedies available to consumer organisations. These organisations shall have the same rights under the federal legislation on unfair competition as professional and trade associations.

The Cantons shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. The Federal Council determines this sum.

The Confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the special function and role of the cantonal banks.

It may legislate on financial services in other fields.

It shall legislate on private insurance.

The Confederation is responsible for money and currency; the Confederation has the exclusive right to issue coins and banknotes.

The Swiss National Bank, as an independent central bank, shall pursue a monetary policy that serves the overall interests of the country; it shall be administered with the cooperation and under the supervision of the Confederation.

The Swiss National Bank shall create sufficient currency reserves from its revenues; part of these reserves shall be held in gold.

A minimum of two thirds of the net profits made by the Swiss National Bank shall be allocated to the Cantons.

The Confederation shall take measures to achieve balanced economic development, and in particular to prevent and combat unemployment and inflation.

It shall take account of economic development in individual regions of the country. It shall cooperate with the Cantons and the business community.

In the field of money and banking, in foreign economic affairs and in the field of public finance, the Confederation may if necessary depart from the principle of economic freedom.

The Confederation, the Cantons and the communes shall take account of the economic situation in their revenue and expenditure policies.

To stabilise the economic situation, the Confederation may temporarily levy surcharges or grant rebates on federal taxes and duties. The accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs.

The Confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this purpose grant tax concessions and may require the Cantons to do the same. Following the release of the reserves, businesses shall be free to decide how the funds are applied within the scope of the uses permitted by law.

The Confederation shall safeguard the interests of the Swiss economy abroad.

In special cases, it may take measures to protect the domestic economy. In doing so, it may if necessary depart from the principle of economic freedom.

The Confederation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. It shall take precautionary measures to address these matters.

In exercising its powers under this Article, it may if necessary depart from the principle of economic freedom.

With transitional provision

The Confederation may support regions of the country that are under economic threat and promote specific economic sectors and professions, if reasonable self-help measures are insufficient to ensure their existence. In exercising its powers under this Article, it may if necessary depart from the principle of economic freedom.

With transitional provision

The Confederation shall ensure that the agricultural sector, by means of a sustainable and market oriented production policy, makes an essential contribution towards:

a. the reliable provision of the population with foodstuffs;

b. the conservation of natural resources and the upkeep of the countryside;

c. decentralised population settlement of the country.

In addition to the self-help measures that can reasonably be expected in the agriculture sector and if necessary in derogation from the principle of economic freedom, the Confederation shall support farms that cultivate the land.

The Confederation shall organise measures in such a manner that the agricultural sector fulfils its multi-functional duties. It has in particular the following powers and duties:

a. supplementing revenues from agriculture by means of direct subsidies in order to achieve of fair and adequate remuneration for the services provided, subject to proof of compliance with ecological requirements;

b. encouraging by means of economically advantageous incentives methods of production that are specifically near-natural and respectful of both the environment and livestock;

c. legislating on declarations of origin, quality, production methods and processing procedures for foodstuffs;

d. protecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals and other auxiliary agents;

e. at its discretion, encouraging agricultural research, counselling and education and subsidise investments;

f. at its discretion, legislating on the consolidation of agricultural property holdings.

For these purposes, the Confederation shall provide both funds earmarked for the agricultural sector and general federal funds.

In order to guarantee the supply of food to the population, the Confederation shall create the conditions required for:

a. safeguarding the basis for agricultural production, and agricultural land in particular;

b. food production that is adapted to local conditions and which uses natural resources efficiently;

c. an agriculture and food sector that responds to market requirements;

d. cross-border trade relations that contribute to the sustainable development of the agriculture and food sector;

e. using food in a way that conserves natural resources.

The legislation on the manufacture, import, rectification and sale of alcohol obtained by distillation is the responsibility of the Confederation. The Confederation shall in particular take account of the harmful effects of alcohol consumption.

The Confederation shall legislate on gambling; in doing so it shall take account of cantonal interests.

A licence from the Confederation is required in order to establish and operate a casino. In granting such a licence, the Confederation shall take account of regional circumstances. It shall levy a revenue-related tax on casinos; this tax must not exceed 80 per cent of the gross revenues from gambling. It shall be used to fund the Old-age, Survivors’ and Invalidity Insurance.

The cantons are responsible for granting licences for and supervising the following:

a. gambling activities that are available to an unlimited number of people, are offered at more than one location and which are based on the same random draw or a similar procedure; the foregoing does not apply to the jackpot systems in casinos;

b. betting on sports;

c. games of skill.

Paragraphs 2 and 3 also apply to telecommunications-based gambling.

The Confederation and the cantons shall take account of the dangers of gambling. They shall ensure that appropriate protection is provided through legislation and supervisory measures and in doing so shall take account of the different characteristics of the games and the form and location of the gambling opportunity offered.

The cantons shall ensure that the net revenues from gambling in accordance with paragraph 3 letters a and b are used in their entirety for charitable purposes, in particular in the fields of culture, social projects and sport.

The Confederation and the cantons shall coordinate their efforts to fulfil their tasks. To this end the law shall establish a joint body, one half of whose members shall be from the federal implementing bodies and the other half from the cantonal implementing bodies.

The Confederation shall legislate against misuse of weapons and their accessories and ammunition.

It shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material.

Section 8 Housing, Employment, Social Security and Health

The Confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing.

It shall encourage in particular the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs.

It may legislate on the development of land for housing construction and on increasing the efficiency of construction.

In doing so, it shall take particular account of the interests of families, elderly persons, persons on low incomes and persons with disabilities.

The Confederation shall legislate against abuses in tenancy matters, and in particular against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases.

It may legislate to declare framework leases to be generally applicable. Such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and respect the principle of equality before the law.

The Confederation may legislate on:

a. employee protection;

b. relations between employer and employee, and in particular on common regulations on operational and professional matters;

c. recruitment services;

d. the declaration of collective employment agreements to be generally applicable.

Collective employment agreements may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and they respect the principle of equality before the law and the right to form professional associations.

August 1 is the National Day of the Swiss Confederation. In terms of employment law, it is regarded as equivalent to a Sunday, with equivalent rights to pay.

With transitional provision

The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occupational pension scheme and private pension schemes.

The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme are able to fulfil their purpose at all times.

It may require the Cantons to exempt institutions of the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.

In cooperation with the Cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership.

The Confederation shall legislate on the Old-Age, Survivors’ and Invalidity Insurance.

In doing so, it shall adhere to the following principles:

a. the insurance is compulsory;

a .

it provides cash and non-cash benefits;

b. pensions must be sufficient to cover basic living expenses adequately;

c. the maximum pension must not be more than twice the minimum pension;

d. pensions must as a minimum be adjusted in line with price trends.

The insurance is funded:

a. through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;

b. through subsidies from the Confederation.

The subsidies from the Confederation may not exceed one half of the disbursements made under the scheme. .

The subsidies from the Confederation shall in the first place be funded from the net proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues from gaming houses.

With transitional provision.

Confederation and Cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the Old-age, Survivors and Invalidity Insurance.

The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Confederation and Cantons.

The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance.

The Cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work.

The law determines the goals of rehabilitation and the principles and criteria.

With transitional provision.

The Cantons shall provide for assistance and care in the home for elderly people and people with disabilities.

The Confederation shall support national efforts for the benefit of elderly people and people with disabilities. For this purpose, it may use resources from the Old-age, Survivors and Invalidity Insurance.

With transitional provision.

The Confederation shall legislate for an occupational pension scheme.

In doing so, it shall adhere to the following principles:

a. the occupational pension scheme, together with the Old-age, Survivors’ and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.

b. the occupational pension scheme is compulsory for employees; the law may provide for exceptions.

c. employers shall insure their employees with a pension institution; if required, the Confederation shall make it possible for employees to be insured with a federal pension institution.

d. self-employed persons may insure themselves on a voluntary basis with a pension institution.

e. for specific groups of self-employed persons, the Confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.

The occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees.

Pension schemes must satisfy the minimum requirements under federal law; the Confederation may provide for national measures to resolve particular difficulties.

With transitional provision

The Confederation shall legislate on unemployment insurance.

In doing so, it shall adhere to the following principles:

a. the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment;

b. the insurance is compulsory for employees; the law may provide for exceptions;

c. self-employed persons may insure themselves voluntarily.

The insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers.

Confederation and Cantons shall provide subsidies in extraordinary circumstances.

The Confederation may enact regulations on social assistance for the unemployed.

Persons in need shall be supported by their Canton of residence. The Confederation regulates exceptions and powers.

In the fulfilment of its duties, the Confederation shall take account of the needs of families. It may support measures for the protection of families.

It may issue regulations on child allowances and operate a federal family allowances compensation fund.

It shall establish a maternity insurance scheme. It may also require persons who cannot benefit from that insurance to make contributions.

The Confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the Cantons.

The Confederation shall legislate on health and accident insurance.

It may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.

The Confederation and the Cantons shall within the scope of their powers ensure the adequate provision of high quality primary medical care that is accessible to all. They shall recognise and promote family medicine as an essential component of primary care.

The Confederation shall legislate on:

a. basic and continuing education and training for family medicine professions and the requirements for practising these professions;

b. appropriate remuneration for family medicine services.

The Confederation and Cantons shall recognise and promote nursing care as an important component of health care and shall ensure that sufficient provision of high-quality nursing care is accessible to all.

They ensure that a sufficient number of qualified nurses are available to meet the increasing demand and that persons working in nursing are deployed in accordance with their training and skills.

With transitional provision.

The Confederation shall, within the scope of its powers, take measures for the protection of health.

It shall legislate on:

a. the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health;

b. the combating of communicable, widespread or particularly dangerous human and animal diseases; it shall in particular prohibit any form of advertising for tobacco products from reaching children and adolescents; *

c. protection against ionising radiation.

With transitional provision.

The Confederation and the Cantons shall within the scope of their powers ensure that consideration is given to complementary medicine.

The Confederation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. In doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society.

The Confederation shall adhere to the following principles in relation to biological and medical research involving human beings:

a. It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.

b. The risks and stress for the participants must not be disproportionate to the benefits of the research project.

c. A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.

d. An independent assessment of the research project must have determined that the safety of the participants is guaranteed.

Human beings shall be protected against the misuse of reproductive medicine and gene technology.

The Confederation shall legislate on the use of human reproductive and genetic material. In doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere in particular to the following principles:

a. All forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.

b. Non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.

c. The procedures for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman’s body than are required for medically-assisted reproduction.

d. The donation of embryos and all forms of surrogate motherhood are unlawful.

e. The trade in human reproductive material and in products obtained from embryos is prohibited.

f. The genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides.

g. Every person shall have access to data relating to their ancestry.

The Confederation shall legislate in the field of organ, tissue and cell transplants. In doing so, it shall ensure the protection of human dignity, privacy and health.

It shall in particular lay down criteria for the fair allocation of organs.

Any donation of human organs, tissue and cells must be free of charge. The trade in human organs is prohibited.

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Human beings and their environment shall be protected against the misuse of gene technology.

The Confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. In doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species.

With transitional provision

Section 9 Residence and Permanent Settlement of Foreign Nationals

The Confederation is responsible for legislation on entry to and exit from Switzerland, the residence and the permanent settlement of foreign nationals and on the granting of asylum.

Foreign nationals may be expelled from Switzerland if they pose a risk to the security of the country.

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:

a. 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

b. have improperly claimed social insurance or social assistance benefits.

The legislature shall define the offences covered by paragraph 3 in more detail. It may add additional offences.

Foreign nationals who lose their right of residence and all other legal rights to remain in Switzerland in accordance with paragraphs 3 and 4 must be deported from Switzerland by the competent authority and must be made subject to a ban on entry of from 5–15 years. In the event of reoffending, the ban on entry is for 20 years.

Any person who fails to comply with the ban on entry or otherwise enters Switzerland illegally commits an offence. The legislature shall issue the relevant provisions.

With transitional provision.

Switzerland shall control the immigration of foreign nationals autonomously.

The number of residence permits for foreign nationals in Switzerland shall be restricted by annual quantitative limits and quotas. 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 annual quantitative limits and quotas for foreign nationals in gainful employment 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 a application from an employer, ability to integrate, and adequate, independent means of subsistence.

No international agreements may be concluded that breach this Article.

The law shall regulate the details.

With transitional provision.

Section 10 Civil Law, Criminal Law, Weights and Measures

The Confederation is responsible for legislation in the field of civil law and the law of civil procedure.

The Cantons are responsible for the organisation of the courts and the administration of justice in civil matters, unless the law provides otherwise.

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The Confederation is responsible for legislation in the field of criminal law and the law of criminal procedure.

The Cantons are responsible for the organisation of the courts, the administration of justice in criminal cases as well as for the execution of penalties and measures, unless the law provides otherwise.

The Confederation may issue regulations on the execution of penalties and measures. It may grant subsidies to the Cantons for:

a. the construction of penal institutions;

b. improvements in the execution of penalties and measures;

c. institutions that conduct educative measures for the benefit of children, adolescents and young adults.

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Only if new scientific findings prove that the offender can be cured and thus no longer represents a danger to the public can new reports be drawn up. If the offender is released on the basis of these new reports, the authorities granting his or her release must accept liability if he reoffends.

All reports assessing sex offenders or violent offenders must be drawn up by at least two experienced specialists who are independent of each other. The reports must take account of all the principles that are important for the assessment.

The right to prosecute sexual or pornography offences involving prepubescent children and the penalties for such offences is not subject to a time limit.

Persons convicted of harming the sexual integrity of a child or of a dependent person shall permanently lose the right to carry on a profession or voluntary activity involving minors or dependent persons.

The Confederation and the Cantons shall ensure that persons who have suffered harm to their physical, mental or sexual integrity as the result of a criminal act receive support and are adequately compensated if they experience financial difficulties as a result of that criminal act.

The Confederation is responsible for legislation on weights and measures.