Glossary / Constitutional Law

Fundamental rights

Fundamental rights are legally protected guarantees that limit public authority and secure individual autonomy, equality, participation and procedural fairness. They include freedoms such as expression, religion, privacy and economic liberty, as well as equality rights and due process guarantees. In Switzerland, fundamental rights bind all state authorities and guide legislation, administration and adjudication. They may also influence relationships between private parties through interpretation of private law. Restrictions generally require a legal basis, public interest or protection of others, proportionality and respect for the essence of the right. Swiss protection is complemented by international human rights instruments, making fundamental rights both a constitutional and an international legal concern.

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