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This article throws light upon the four important features of the Swiss bill of rights. The features are: 1. A Detailed Bill of Rights 2. Legal Protection of Fundamental Rights 3. Civil, Social and Political Rights 4. Limitations on Fundamental Rights.
Feature # 1. A Detailed Bill of Rights:
The Swiss Bill of Rights is a very detailed bill. It however, makes no attempt to classify the rights granted to the people. Rights have been simply described Chapter 1 of Title 2 enumerates civil and social rights and Chapter 2 lays down provisions regarding citizenship and political rights of the people. Article 41 of Chapter 2 states the social goals which are to secured by the Federation and the Cantons.
Feature # 2. Legal Protection of Fundamental Rights:
The civil, social and political rights granted to all the citizens have been granted legal protection.
Article 35 provides for the realization of fundamental rights. It lays down:
(i) Fundamental Rights are to be realized in the entire legal system. It means these are to be enforced by the judiciary.
(ii) All persons involved in the performance of functions of the state are to respect these fundamental rights and work for realizing these.
(iii) All public authorities are required to respect fundamental rights in respect of relations among private parties. In other words, the Swiss Constitution provides legal protection to rights and makes these binding upon all public authorities.
Feature # 3. Civil, Social and Political Rights:
The new Swiss Constitution grants several civil, social and political rights to the Swiss people. However, it fails to classify these in any systematic way. Almost all the civil, social and political rights as listed in the Universal Declaration of Human Rights (1948) have been incorporated in this bill of rights.
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Further, the Bill of Rights also contains provisions regarding rights of Swiss citizens domiciled abroad. It also lists limitations on fundamental rights.
Feature # 4. Limitations on Fundamental Rights:
The Constitution also specifies limitations on fundamental rights:
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(i) Article 36 lays down;
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(ii) A limitation on a fundamental right can be placed only by a law, it has to have a legal basis.
Grave limitations can be placed only by the laws of the Swiss Parliament.
These can be made only when a clear and immediate danger is foreseen to the country. Further, a limitation on rights must be based upon public interest or for the protection of fundamental rights of other persons, and it has to be in proportion to the goals being pursued.
However, while placing limitations as Fundamental Rights, it has to be ensured that the essence of these rights does not get isolated. In other words, while legal limitations can be placed on fundamental rights, no violation of overall spirit and essence of fundamental rights can be made.