She was sentenced in January 2014 to a fine of CHF500 ($563) for begging in Geneva on a public highway. The woman, who had no work and was not receiving social assistance, was then placed in pre-trial detention for five days for not paying the fine.
However, the Strasbourg-based court said on Tuesday that the sanction was not proportionate either to the aim of fighting organised crime or of protecting the rights of passers-by, residents and business owners.
“Placed in a situation of manifest vulnerability, the applicant had the right, inherent to human dignity, to be able to express her distress and try to remedy her needs by begging,” said the European court. It said Switzerland had violated Article 8 of the European Convention on Human Rights on protecting the right to respect for private and family life.
The court ordered Switzerland to pay the applicant €922 for non-pecuniary damage.
Begging is banned in most Swiss cantons, but associations working with the marginalised say bans are hitting the most vulnerable.
More
More
Ban on begging hits Switzerland’s most vulnerable
This content was published on
In one canton where begging has been outlawed, the authorities are satisfied with the results, but those affected are suffering great hardship.
Swiss study: insects mainly migrate at midday and dusk
This content was published on
A study led by the Swiss Ornithological Institute in canton Lucerne is helping to better understand the movement patterns of migratory insects.
Red Cross: 22 staff killed in Middle East since October
This content was published on
The Red Cross and Red Crescent network in Gaza and Israel has lost 22 staff members since last October, the Swiss Red Cross (SRC) said on Wednesday.
Dortmund’s Kobel is first Swiss goalie in Champions League final
This content was published on
Borussia Dortmund’s Gregor Kobel has achieved history by becoming the first Swiss goalkeeper to reach a Champion’s League final.
University students in Switzerland join Gaza protest wave
This content was published on
Pro-Palestinian activists occupied university buildings in Lausanne, Geneva and Zurich on Tuesday, widening the protest movement in the Alpine nation.
TradeXBank to resume full operations after Sberbank Switzerland taken off sanctions list
This content was published on
TradeXBank, the former Swiss branch of Russia’s Sberbank, will be able to resume its dollar-denominated activities from the second half of this year.
Geneva decides not to remove controversial memorials
This content was published on
The city of Geneva has presented an action plan regarding a series of controversial local statues and monuments of historical figures linked to racism, colonialism or slavery.
University of Lausanne calls for end to pro-Palestine sit-in
This content was published on
The pro-Palestinian occupation continues at the University of Lausanne (UNIL). On Monday evening, a group of students refused to agree to the deadline set by the rectorate.
Ukraine peace conference should include Russia, says Chinese ambassador
This content was published on
China supports a peace conference on the Ukraine war that would see equal participation of all parties, says Chinese Ambassador to Russia Zhang Hanhui.
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.
Read more
More
Following the Roma in Lausanne and Romania
This content was published on
The photographer Yves Leresche documented the lives of Roma beggars in Lausanne for five years the before the ban came into force in 2018.
Why living on the breadline is especially hard in Switzerland
This content was published on
Switzerland is one of the richest countries in the world. But high living costs put people on low income under huge pressure.
Vaud begging ban to come into force, court confirms
This content was published on
A disputed law banning begging in canton Vaud will indeed come into force, the Swiss Federal Court has confirmed, rejecting an appeal.
This content was published on
A move to ban begging in canton Vaud, now tied up in the courts, raises the question whether such a law undermines fundamental human rights.
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.