In a judgment published Friday, the Federal Supreme Court wrote that the obligation to test healthcare workers without a Covid certificate issued by the State Council of Ticino in September 2021 was legal.
The measure represents unequal treatment compared to vaccinated or recovered people. The obligation to test is also an infringement of personal freedom and the right to respect for private life.
action can be justified
However, the federal Supreme Court states that the measure may be justified. The Epidemics Act provided the necessary legal basis. In addition, there was a public interest in the protection of particularly vulnerable people in the relevant facilities.
At the time of the decision, it was assumed that vaccinated people would also be able to transmit the coronavirus, but that they would be less likely to transmit the virus. The complainants claimed that all staff should be tested regularly.
Mandatory inspection appropriate and necessary
The Federal Supreme Court argues that the authorities should not have followed a risk-free strategy. Rather, their job was to create an “acceptable” risk with appropriate measures, which was proportionate.
The measure was also appropriate and necessary – a further condition for the admissibility of an infringement of fundamental rights. The government opted for a differentiated approach and created an alternative for employees without a Covid certificate.
Tests were free
After all, those affected were not hindered in accessing their work or subjected to further obligations. The tests were also free.
The measure will be lifted on 1 April 2022. Nevertheless, the Federal Supreme Court ruled on the appeal because a similar question could arise again in the future and then again cannot be decided in time. (SDA)