European Court of Justice rules on Monday: Have the Swiss Covid measures violated human rights?

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The decision is explosive. On Monday, the European Court of Human Rights (ECHR) will decide whether the Swiss Covid measures were partly too strict. The umbrella organization of the trade unions in Geneva had filed a lawsuit because they could not hold their May Day demonstration in 2020. The Federal Council led by Health Minister Alain Berset (51) banned events in March 2020 to combat the corona pandemic. Those who did not comply risked severe penalties. Even a prison sentence of up to three years was conceivable at the time.

The Geneva unions were not allowed to take to the streets on May 1 and instead moved to Strasbourg. Before the ECtHR they saw that their freedom of assembly and association was violated. They argued, among other things, that working in offices or factories with appropriate protection concepts was still possible – but demonstrating in the open air was not.

Convicted at first instance

And indeed: Switzerland was initially condemned – the ban on public events during the pandemic was too strict. The decision was extremely poor: by four votes to three, the judges decided that Switzerland had violated human rights.

The court also recognized that the coronavirus poses a serious threat to public health and that restrictions on the right to demonstrate may be permissible. However, those affected found no court to judge the case, the ban had been in force for a long time and the threatened penalties were too severe.

Judgment with symbolic character

Switzerland is now moving forward with the verdict. “At the beginning of the pandemic, the goal was to protect health and human life from a highly contagious viral disease for which no effective treatment was available,” the Federal Office of Justice wrote. Even the ECtHR states in a fundamental ruling that states are given a lot of room to maneuver, especially when it comes to protecting public health.

The case will be heard in the Grand Chamber on Monday. Then the European jury members – including Swiss judge Andreas Zünd (66) – will make the final decision.

It will be a symbolic judgment. Not more but also not less. Although the law has long been out of force, Switzerland would only have to pay compensation to the union if the federal government loses. But it should be a sign of how the Court views such restrictions — and a lesson for the next pandemic. (brother)

Source:Blick