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Anti-vax soldiers lose appeal at Federal Court

Swiss soldiers
Swiss soldiers in December 2021 Keystone / Jean-christophe Bott

The Swiss Army correctly dismissed four professional soldiers who refused the Covid-19 vaccination, the Federal Court has ruled.

In rejecting the soldiers’ appeal, the court said in a statementExternal link published on Thursday that the vaccination had been a preventive measure so that the special forces could be deployed abroad immediately.

While the obligation to get vaccinated and dismissal in the event of refusal do indeed constitute an interference with personal freedom, this interference is justified in the present case, the Federal Court said.

In the case of professional soldiers of a special unit, the interference is to be considered light, it said, pointing out that the Ordinance on Personnel for the Deployment of Troops for the Protection of Persons and Property Abroad provides a sufficient legal basis for this encroachment on fundamental rights.

A milder measure, such as regular tests, would not provide sufficient guarantee for rapid readiness for deployment due to the stricter entry regulations of certain countries, the court said, judging the obligation to get vaccinated as “reasonable”.

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