Switzerland: General anti-COVID measures prohibiting public events for a lengthy period were in breach of the Convention

In the case of Communaute genevoise d’action syndicale (CGAS) v Switzerland, the applicant complained to the European Court of Human Rights (ECrHR) of being deprived of the rights to organise and participate in public events following the adoption of government measures to tackle COVID-19.

ECrHR held, by a majority, that there had been a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights.

Taking into account the serious threat to public health introduced by COVID-19, the court highlighted the importance of democratic values such as freedom of peaceful assembly. It also considered the nature of the ban (length, seriousness of the penalties) disproportionate to the aim pursued.

It was also observed that domestic courts of Switzerland had not conducted effective review of the measures in place.

For more details, follow the link below: https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7285299-9926890%22]}

Comments are closed.