The Duty to Work as Precondition for Human Dignity

Abstract

The paradigm of activation and self-responsibility to provide for basic needs has been on top of the political agenda in most Western social welfare states for years. This is true for Switzerland and means-tested ben-efits are no exception to this development. Basic needs are guaranteed on the one hand by a constitutional right to minimum financial means and, on the other hand, through so-called measures of social assistance which include (further) financial support. Switzerland being a federal state, social assistance and the duties for the beneficiaries are regulated in statutes at cantonal level. There is no federal social assistance law. Neither the constitutional right to minimum financial means, nor the right to social assistance are unconditional. Both rights are subsidiary to the individual’s own resources and the obligation to work in the primary labour market. In addition, if the claimant is unemployed, they can be obliged to participate in a work programme offered by the social assistance authorities. Under certain circumstances, participation in such a work programme is not only a behavioural duty of the benefit recipient, which can lead to benefit cuts, but participation can also be an eligibility criterion for the benefits. The authors will focus on these programmes and mechanisms which can lead to questions over eligibility for minimum subsistence rights guaranteed by the constitutional right to financial support when one is in need (Article 12 of the Swiss Constitution).