Existing rule ‘problematic’: the city of St. Gallen must adjust the begging ban

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Until now, the city of St. Gallen had a general ban on begging in accordance with article five of the police regulations. Against the background of a ruling by the ECtHR, an investigation by the Directorate of Social Affairs and Security revealed that the begging ban needed to be revised.

The municipal council recently wrote this in response to a simple question from SP city parliamentarian Marlène Schürch, with whom she inquired about the status of the revision of the begging ban. This is reported by the regional magazine Ostschweiz of Radio SRF on Friday morning.

Not a full waiver

The said ECtHR judgment related to a Romanian woman who was unable to pay a fine for illegal begging in Geneva and was instead sentenced to prison. The court ruled that this action was in violation of the European Convention on Human Rights (ECHR).

However, experiences from the canton of Basel-Stadt also show that efforts should not be made to completely abolish a ban on begging, the city council continues to write. The revision must take into account a federal court ruling of March 2023 on the regulations in the canton of Basel-Stadt. This supports punishments for intrusive and aggressive begging, among other things, but requires more lenient punishments adapted to the facts of the case.

The municipal council also writes that in light of the federal court’s ruling in the spring, the handling of the begging ban has already been adjusted. As for passive begging, the ban has been suspended for the time being and there will be no criminal prosecution. However, it is still possible to be deported or kept away if there is a disturbance of public safety or order. (SDA)

Source:Blick