This analysis of Swiss Federal Supreme Court judgements shows the coupling of welfare and migration control. Foreign nationals depending on social assistance might face the withdrawal of their residence permits. We show how the conveyed legal logics create conditionality of rights and a differentiation of (non-)citizens. The judgements individualise social assistance dependence and follow a neoliberal logic of economic participation. They establish rationalities which reinforce politics of belonging and welfare chauvinism.
The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.
The following chapter summaries from an historical perspective recent developments of Swiss migration policy with a particular focus to the challenges given by the federal system and direct democracy on the local level of integration policy. It starts with a comprehensive historical summary on the rationales of immigration to Switzerland and continues with an institutional analysis of Swiss migration policies, setting the focus on federalism, consociationalism and direct democracy, and the consequences for the local actors. The authors highlight examples of current local initiatives, due to the absence of in-depths studies on the effectiveness and the impact of these policies on the local level. Thus, it follows a short overview based on the first study on migration and public opinion on migrants. Finally, the article concludes with remarks on the current integration framework with a particular emphasis on the cantonal and municipal actors, suggesting more studies to be done in the future with regard to local integration policies.
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