A Diabetes mellitus type II sufferers, in a shelter under matched 45-year-old man had claimed, with the daily relief of 8.50 francs, it was not possible for him to eat diabetes. The asylum-seeker was in August 2011 in Switzerland entered the country, had referred to doctor reports, providing a balanced low carbohydrate diet with regular small meals and plenty of vegetables and fibre is recommended.
No special diet needed
The man, whose Asylum has been rejected in March 2012, legally, requested an increase in the emergency aid to 16 francs per day. The Department of social services of the Canton of Zurich, the security Directorate and the Zurich administrative court rejected the request.
This verdict has connected on Friday, the I. social the legal Department of the Federal court to the public judgment by consulting with a 3:2 vote and a justification of how the cantonal authorities.
the medical Reports did not show that the 45-Year-old have to follow a special diet plan, with certain, specified food or generally more expensive specialty products. It is sufficient, if he, on a diet of health-conscious and balanced. This is also in line with 8.50 francs per day.
six francs would suffice meadow
One of the judges point out, the cantonal social welfare office listed on four pages of "detailed and meticulous", which is food for diabetics by experts would be recommended. It cost only six francs per day.
This list of the lawyer of the 45 contested-Year-old, nor he had submitted a list of its own, which would prove that in the case of a diabetes-appropriate diet not necessarily more costs. This he would not say but only, but must occupy.
The judges, a majority, consisting of two SVP-judges and a CVP-judge, had also referred to the applicable Federal-court jurisdiction. This shows that a health-conscious, well-balanced mixed diet for type II-diabetics in the rule. Concerned would otherwise have to prove medically that you live be necessary to rely on more costly food than usual, and you more costs.
Just enough not to starve to death
The judges of the minority, consisting of two SP-judges, had argued that the 8.50 francs was not sufficient to starve, but not for a sustainable, health-promoting diet. He did not know, said one of the judges, that this assertion is not a proof, but the other side have also proved that for 8.50 Swiss francs were sufficient. The comparisons were made in the summer. During this time, fresh products are cheaper than in the winter half of the year. The application of the two judges, the whole case to the administrative court rejected, on the facts of the case really clarify, found no majority.
The question of whether, regardless of disease or health-8.50 francs per day is generally sufficient for food, had the Federal court not to answer. "But I have my concerns," said one of the judges. Undisputed was that even rejected asylum-seekers who do not leave, for whatever reason, the Switzerland, are entitled to emergency assistance.
right to assistance when in need
Because the Federal Constitution guarantees the right to assistance when in need. "Who's in Distress and not be able to provide for themselves is entitled to assistance and care, and to the means for a decent standard of living", as stated in article 12. It doesn't matter why someone is in trouble, whether he or she is residing illegally in Switzerland.
This basic law, a kind of minimum is not guaranteed but it will come. The Constitution or the case law requires only that the relief provides all the available, what a dignified existence is absolutely necessary, because it is the people saved from an undignified beggar's existence, as it was called in the decision of the administrative court. This includes food, clothing, shelter and basic medical care. (Tages-Anzeiger)
Created: 15.03.2019, 14:46 PM