Court upholds exclusion of cross-border pupils from Geneva schools

Exclusion of cross-border students in Geneva: appeals rejected Keystone-SDA

The Constitutional Chamber of the Geneva Court of Justice has ruled in favour of the canton in the case concerning the exclusion of cross-border pupils. It rejected 12 appeals from pupils living in France who wanted to be educated in the canton.

Last June, Geneva’s cantonal government adopted 11 regulatory amendments to restrict attendance at public primary and secondary schools to children residing in the canton, the Constitutional Chamber recalled on Wednesday, rejecting appeals on Tuesday. In doing so, it intended to replace the transitional provisions in force since 2019 with new ones.

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In the view of the Constitutional Chamber, the canton had acted lawfully in introducing the principle of schooling in the place of residence by way of regulation. However, the appellants have no place of residence in Switzerland and “cannot claim the right to receive sufficient free basic education there”. Tuesday’s decisions may be appealed to the Swiss Federal Court.

Adapted from French by AI/ac

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