The duty to work as precondition for human dignity: a Swiss perspective on work programmes
The duty to work as precondition for human dignity: a Swiss perspective on work programmes
In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.
Keywords: Activating welfare state, Human dignity, Workfare, Welfare-to-work, Minimum subsistence rights, Social assistance, Social security, Conditionality, Labour law, Switzerland
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