Swiss Legislation Research Articles

National Consensus on the Assessment of Visual Function for Driving in Switzerland.

To establish a national consensus on assessing visual function for fitness to drive in Switzerland. The minimum medical requirements for visual function for fitness to drive are regulated by Swiss Federal Law, namely, by the Traffic Licensing Ordinance (TLO). The medical examination techniques relevant in this context and their assessment are not further specified therein, which leads to legal inequality among drivers and uncertainty among examiners. We established a study group of representatives of the Traffic Medicine Section of the Swiss Society of Forensic Medicine and the Traffic Commission of the Swiss Society of Ophthalmology to develop a national consensus on assessing visual function for fitness to drive in Switzerland. In structured meetings, the authors discussed medical examination techniques and available international and local recommendations on this topic, with respect to Swiss legislation. In the event of a contrary opinion, the topic was discussed again in a follow-up session until we reached an agreement. We defined consensus as complete agreement on the subject under discussion. The study group held five in-person meetings between March 2019 and January 2023. The authors developed recommendations intended for all professional groups assessing driving fitness. We prepared an aid for daily practice on how to examine the minimum medical requirements for visual function listed in the TLO Annex 1, using standardized test procedures and considered how to interpret the findings obtained, accounting for aspects of traffic medicine and ophthalmology. A consensus on the assessment of visual function for fitness to drive in Switzerland is crucial to ensure legal equality for drivers and legal certainty for examiners. Regular review of the consensus is imperative if we are to consider future legal developments and new scientific evidence in assessing fitness to drive.

Examining the Inclusion of Trust and Trust-Building Principles in European Union, Italian, French, and Swiss Health Data Sharing Legislations: A Framework Analysis.

Public trust is critical to both system legitimacy and the successful implementation of data-driven health initiatives. Legislations are an essential instrument for building public trust, as they can have a dual effect on trust: a passive effect by reinforcing the public perception of an active regulatory system that upholds the rule of law and an active effect as a tool for policymakers to signal trust-building actions to be undertaken during the implementation phase. However, there is limited evidence on the extent to which health data-sharing legislations contain references to trust and trust-building principles for their practical implementation. By applying an evidence-based "public trust in health data sharing" framework, 36 legislations from the European Union (EU), Italy, France, and Switzerland on health data sharing were analyzed to assess 1) how the term "trust" is embedded in legislations, and 2) the presence and quality of trust-building principles within the selected legislations. Nine legislations incorporated references to "trust," mainly within the explanatory memorandum and preambles of EU legislations. The most prevalent trust-building principles were "agencies of accountability" (72%) and data "security" (70%). In contrast, the principles "public information" (14%) and "time" (6%) were the least presented. Moreover, the qualitative analysis showed that the majority of the trust-building principles were implicit in the legal text, with Swiss legislations having the highest number of explicit references. The limited and implicit use of "trust" and trust-building principles in EU, Italian, French, and Swiss legislation emphasizes the opportunity to raise policymakers' awareness of these principles. The proposed framework provides an initial guide for policymakers to incorporate trust-building principles within health data-sharing legislations in a recognizable and comprehensive manner. This ensures that policy implementers at various stages of the policy process can implement trust-building actions, contributing to public trust building in both European and national health data-sharing initiatives.

The Swiss Legislation on Business and Human Rights: A Reform Needed Towards Harmonization with EU Law

AbstractThis article examines the disparities between the (existing and planned) business and human rights (BHR) legislations in Switzerland and the European Union (EU). More specifically, (i) the key differences that exist between the Swiss and EU BHR legislations are identified, and (ii) the proposed amendments to the Swiss BHR legislation to reach the desired harmonization with the EU framework are put forward. The Swiss BHR legislation, implemented in stages on 1 January 2021 and 1 January 2023, encompasses provisions related to ‘transparency on non-financial matters’, ‘transparency in raw material companies’, and ‘due diligence and transparency in relation to minerals and metals from conflict-affected areas and child labor’. The EU BHR legal framework, however, has undergone a major overhaul, with the recent adoption of the Corporate Sustainability Reporting Directive (CSRD) and the Directive on Corporate Sustainability Due Diligence (CSDDD) that introduce additional obligations. These EU regulations have (or will have) important extraterritorial effects, including on Swiss undertakings operating—directly or indirectly—in the EU. To prevent Swiss companies from being subject to a diverse array of regulations (with an increased risk of sanctions in case of non-compliance), a reform of the Swiss BHR legislation is needed to ensure harmonization with EU BHR legislation. This article also serves as a resource if full equivalence between them is sought.

Leonhard Med, a trusted research environment for processing sensitive research data.

This paper provides an overview of the development and operation of the Leonhard Med Trusted Research Environment (TRE) at ETH Zurich. Leonhard Med gives scientific researchers the ability to securely work on sensitive research data. We give an overview of the user perspective, the legal framework for processing sensitive data, design history, current status, and operations. Leonhard Med is an efficient, highly secure Trusted Research Environment for data processing, hosted at ETH Zurich and operated by the Scientific IT Services (SIS) of ETH. It provides a full stack of security controls that allow researchers to store, access, manage, and process sensitive data according to Swiss legislation and ETH Zurich Data Protection policies. In addition, Leonhard Med fulfills the BioMedIT Information Security Policies and is compatible with international data protection laws and therefore can be utilized within the scope of national and international collaboration research projects. Initially designed as a "bare-metal" High-Performance Computing (HPC) platform to achieve maximum performance, Leonhard Med was later re-designed as a virtualized, private cloud platform to offer more flexibility to its customers. Sensitive data can be analyzed in secure, segregated spaces called tenants. Technical and Organizational Measures (TOMs) are in place to assure the confidentiality, integrity, and availability of sensitive data. At the same time, Leonhard Med ensures broad access to cutting-edge research software, especially for the analysis of human -omics data and other personalized health applications.

LA TRADUZIONE COME CATALIZZATORE DI CHIAREZZA NEI TESTI NORMATIVI A PARTIRE DA UN’ANALISI COMPARATIVA DELLA SINTASSI IN VARIETÀ DI ITALIANO LEGISLATIVO

Translation is often considered as an ally of plain legal language. This corpus-based study sets out to provide empirical support for this hypothesis by comparing different varieties of legislative Italian used in a monolingual context (Italy) and in two multilingual settings (Switzerland and the European Union). The investigation relies primarily on a quantitative analysis of syntax informed by natural language processing (NLP) methods. The results suggest that translated legislation features shorter sentences, fewer nominalizations, an underuse of the passive voice, fewer non-finite clauses, less deep syntactic trees, shorter dependency links, and a preference for the SVO order with an explicit subject. Among the two multilingual contexts, Swiss legislation shows a slightly higher level of accessibility compared to EU directives. A complementary analysis using readability metrics confirms these trends. Nevertheless, in addition to the translation process in multilingual contexts, other latent external variables may have a (hardly quantifiable) impact on the level of accessibility, such as institutional language policies, legal traditions, drafting guidelines, and training programs for translators and language experts.

Radiological clearance of historical waste from particle accelerators

This paper presents a detailed methodology for reclassifying radioactive material from particle accelerators as non-radioactive, drawing on experiences at CERN. During particle accelerator decommissioning, the waste is classified based on its radioactivity level where the very-low-level activity material is the potential clearance candidate. Complying with the Swiss legislation, the waste must fulfil three criteria in order to be cleared. Before performing the radiological measurements, the waste must be processed (disassembled, cut, … ) due to its size and multi-material composition. To properly evaluate the measurement results, a detailed theoretical study must be performed providing information on e.g. expected radionuclides. As a part of quality assurance, the theoretical models are verified using gamma spectrometry measurements on waste samples. The presented methodology is supported by the summary of past and ongoing CERN projects as well as know-how learned by years of experience.

Predictors of the return to work for pregnant employees on preventive leave: Patients from an occupational medicine consultation in Switzerland.

According to the Swiss legislation on maternity protection in the workplace (OProMa), if pregnant workers are exposed to occupational hazards and no protective measures are taken, a gynecologist will prescribe a certificate of preventive leave and the women must stop working. Returning to work is only possible if job adjustments are made. This study aims to evaluate the burden of absences on companies and to examine the predictors of the return to work for pregnant workers on preventive leave, by examining both the probability of return to work and the time required to return to work. The study sample includes data on 258 workplaces of pregnant workers on preventive leave, collected during an occupational medicine consultation aimed at supporting the implementation of the OProMa. Information is available on the worker (age, date of consultation), the hazards to which she is exposed, the company's knowledge of the OProMa and whether a risk analysis exists. Descriptive statistics and multivariate regression analysis are carried out. In 58% of the workplaces, it was not possible to return to work before the end of the pregnancy. This corresponds to an average absence of 4.5 months. In 42% of the workplaces, a return to work was possible thanks to workplace adaptations. A conforming risk analysis and a full knowledge of the OProMa for companies, and an early visit to the occupational medicine consultation for workers are good predictors of the likelihood of returning to work. Younger age and exposure to certain types of risks are factors that influence the duration of preventive leave. The implementation of OProMa in Switzerland poses serious challenges, but early identification of occupational hazards and practices that anticipate compliance with the law in the company increase the return to work in safety for pregnant workers.

Slaying the Swiss Unicorn of Animal Dignity

In this article, we describe and analyse the Swiss legislation relating to animal dignity. We conclude that previous criticisms of the law do not go far enough: far from protecting animal dignity, the Swiss law not only undermines such dignity but itself serves as a means to ensure that animals can be used merely as a means, and not treated with respect. As such, the Swiss Animal Welfare Act is deeply unethical and undermines the constitutional requirement to treat animals with dignity.

THE SWISS MODEL OF RELATIONS WITH THE EU AFTER THE YEAR 2021

In the article, the peculiarities of the Swiss model of relations with the EU are considered. The political and economic aspects are distinguished. The first category includes, among other issues, the alignment with the EU foreign policy, preserving, nevertheless, the own principles of neutrality and sovereignty, as well as an active participation in the EU programs. The next important feature of the Swiss model of relations with the EU is integration to a significant extent of the EU law into the Swiss legislation. The economic features include an active participation of Switzerland in the European Single Market, and politisation of issues of economic cooperation by the European Union. A possible impact of suspending the negotiations on the institutional framework agreement in 2021 at the Swiss initiative is studied. The author concludes that the mentioned impact has been so far quite small, as the relations are progressively developing. It can be explained by the theory of economic interdependence of R. Keohane. The scientific significance of the work lies in a small extent of investigation of the topic of the Swiss model of relations with the EU, as well as the study of the impact of long-term factors on the EU relations with third states. The chosen methods are content analysis and synthesis.

Personal dosimetry at the Paul Scherrer Institute.

The Paul Scherrer Institute (PSI) is the largest research institute for natural and engineering sciences in Switzerland. PSI develops, builds and operates complex large research facilities. Every year, >2400 scientists from Switzerland and around the world come to PSI to use the facilities and to carry out experiments. Many areas at PSI are radiation protection areas. Depending on the radiation protection area, the work carried out and the time the users spend in these areas, they have to carry a personal dosemeter. PSI runs an individual monitoring service in compliance with the Swiss legislation on radiological protection and approved by the Swiss Federal Nuclear Safety Inspectorate. The service provides about 35000 dosemeters per year for the internal and external customers consisting of whole-body dosemeters for photons and neutrons as well as extremity dosemeters. This paper gives an overview on the employed personal dosimetry techniques by the individual monitoring service of PSI, the number of distributed dosemeters for internal and external customers and statistics about the measured doses at PSI over 30years.

Falschgeld und sein Surrogat im Schweizer Strafrecht

The study aims to introduce the reader to the issue of criminal law protection of money in Swiss legislation against attacks on its authenticity in the form of forgery or counterfeiting. The solutions presented in the text, used on the basis of Swiss criminal law, to some extent, can provide a reference point both for undertaking separate and detailed analyses devoted to the domestic type of counterfeit money and for formulating balanced de lege ferenda postulates. Accordingly, the article contains a dogmatic analysis of the provisions typifying counterfeit money or its surrogates in Swiss criminal law. The argument was preceded by an indication of the distinguished categories of criminal acts aimed at protecting the circulation of money and other means of payment. Moreover, reference was made to the statutory threat of punishment provided for in Swiss law and to the specific basis for the confiscation decision. It is worth noting that the Swiss legal order is not one of the most desirable lines of analysis in the Polish legal doctrine. This fact is surprising insofar as the current criminal law of Switzerland was a significant inspiration for the drafters of the Polish Criminal Code of 1932. This leads to the conclusion that a closer analysis of Swiss institutions that protect money from counterfeiting is necessary and worth attention.

Current Status of PRP Manufacturing Requirements & European Regulatory Frameworks: Practical Tools for the Appropriate Implementation of PRP Therapies in Musculoskeletal Regenerative Medicine.

Providing accurate and up-to-date practical tools enabling oversight of platelet-rich plasma (PRP) legislation and of the appropriate standards to be implemented for its manufacture and use in Europe is a demanding task. This is due to rapid medico-technological advancements, slowness and disparity in legislation updates and enforcement between member states, and many reported gray-zone practices, notably for autologous PRP use. The levels of risk associated with blood manipulation processes generally dictate the manufacturing requirements for PRP preparations, which have gradually shifted toward good manufacturing practices (GMP) for standardization and overall quality enhancement. This work firstly outlines Western European and Swiss legislation for PRP products/preparations, providing key simplified information and recommendations for medical doctors seeking to implement this biological-based therapy for safe use in hospital settings, clinics, or private offices. This work secondly shows the importance of PRP-based product manufacturing standardization, which subsequently enables sound clinical evaluation of therapeutic interventions. Although the applicable legal bases provide guidelines for GMP manufacturing infrastructure and basic process design, paramount importance is set on the definition of workflows, technical specifications, and key parameters for PRP preparation and delivery. Overall, the development of simple and robust technologies and processes for PRP preparation is critical for guaranteeing the high therapeutic quality of the intervention, in collaboration with qualified GMP manufacturing platforms. Importantly, this work aims to serve as a practical tool for clinicians based in Western Europe who are willing to appropriately (i.e., administratively and technically) implement autologous PRP treatments in musculoskeletal regenerative medicine workflows, to ensure they make informed and optimal regulatory or process-based decisions.

Reforma naslednog prava u Švajcarskoj konfederaciji (prva faza reforme)

In this paper, the author sheds light on the 2020 reform of the Swiss inheritance law, which was instituted by amending the succession law provisions of the Civil Code of the Swis Confederation (2020). The new provisions have been in force since January 2023. The research on this subject matter is aimed at determining the scope and the quality of the revised Swiss legislation on intestate succession. To this effect, the author focuses on a number of new provisions related to statutory heirs: reduction of the children's protected share (forced heir ship portion of the decedent's descendants); abolition of the parents' protected share (forced portion of the decedent's parents); loss of the forced portion for the surviving spouse or same-sex partner in a registered civil partnership in case the divorce proceeding or the proceeding for dissolving a registered civil partnership has been initiated but a spouse or a registered civil partner dies before the proceeding is terminated; a qualitatively different concept of contractual freedom embodied in inheritance contracts; the impact of the "three-pillar system" of the Swiss pension and disability insurance on the exercise and protection of the right to forced portion; changes and nomotechnical improvements of provisions concerning the order of gratuitous donations from which the forced heirs' portion is settled. For the purposes of this paper, the author applied the dogmatic legal science research method, the normative legal research method, and the legal history research method. In the author's opinion, the new provisions on intestate succession are largely aimed at ensuring a greater freedom of testamentary disposition of gratuitous donations, both inter vivos and mortis causa. However, the new legal solutions seem to be insufficiently aligned with the social circumstances in contemporary Switzerland because the right to statutory inheritance is not recognised to an extramarital partner, whereas it is granted to a spouse or a same-sex partner from a registered civil partnership, even though extramarital partnerships are equally present in real life as marriage and registered same-sex partnerships.

COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF ORGAN DONATION IN THE RUSSIAN FEDERATION, SWITZERLAND AND THE UNITED STATES OF AMERICA

For a long time, the transplantation of organs and tissues from one person to another has remained an unsolvable medical problem. Nowadays, donor organ transplantation is a common and successful way to treat patients with terminal organ failure, which undoubtedly makes it more in demand. The largest percentage of all organ transplants involves transplants from people who have already died. In this regard, an important issue is the possibility for a person to express his or her will regarding the posthumous removal of organs for transplantation, and the mechanisms and possibilities of this expression of will as such. The article deals with the provisions of Russian, US and Swiss legislation regulating the organization and functioning of the organ transplantation system in each country; legal relations in the field of organ and tissue transplantation as well as the mechanisms of citizens' will regarding the posthumous removal of organs and tissues for transplantation purposes. Legal problems of realization of such will in the Russian Federation are covered. The ways of solving the arising problems are offered. The role of legislation, including the presumption on the removal of organs, and other factors influencing the increase in the number of transplantations carried out in the country are considered.

The new Swiss trust: Is it a trust? Practical considerations

Abstract In a world awash with academic articles on the compatibility of trusts with civil law systems, the author considers some practical implications of the terminology used by the Swiss legislator in its draft Bill on new trust provisions to be inserted in the Swiss Code of Obligations. This article draws from the author's experience as an English solicitor with a Swiss background.

Screening of diesters of ortho‐phthalic acid in printed baby bibs in the European market

AbstractA screening exercise targeting ortho‐phthalates in 22 plastic baby bibs collected in the European market was performed. A GC–MS method was used with a limit of detection ranging from 0.1 to 0.6 mg kg−1 bib. The most frequently detected phthalates were di‐n‐butyl phthalate (DBP) and diisobutyl phthalate (DIBP) in nearly all samples. DIBP was detected at concentrations suggesting its intended use. Overall, the highest levels were detected for benzyl butyl phthalate (BBP), with six samples presenting concentration from 13 to 47 mg kg−1 and one sample with the highest value of 65 mg kg−1. Results indicate that several non‐authorised phthalates are intentionally used either in the plastic or in the printing inks. Worst case migration calculations indicate that diethyl phthalate (DEP), DAP and DIBP exceed the limit of 0.01 mg kg−1. Therefore, determination of experimental migration is needed to conclude on compliance of baby bibs with the European and Swiss legislation. Bibs are articles that fall in the scope of the definition of FCMs accordingly to European legislation. Therefore, they should comply with the applicable rules, restrictions and limits. These articles should be included in surveillance plans, focusing on monitoring bib composition, migration and the application of good manufacturing practices by industry.

Suspicion of driving under the influence of alcohol or drugs: Cross sectional analysis of drug prevalence in the context of the Swiss legislation

Driving under the influence of alcohol and drugs (DUID) is a major field of study to improve road safety. In Switzerland, during controls whether or not they follow an accident, the police can request toxicological analysis targeted either on alcohol only (ALC cases), or on drugs and alcohol (DUID cases). To evaluate both the drugs consumption on the road and whether or not these requests are well correlated with toxicological results, we built a database recording 4003 offenders (3443 males, 550 females) over a two-year period (2018–2019) in Western Switzerland. ALC case samples were then analyzed to target other substances than ethanol. We found one or more psychoactive drugs in 89% of DUID cases and alcohol alone was found in 56% of ALC cases. In ALC cases, alcohol alone was found in 72% of non-accident cases and in 52% of accident cases. This highlights an influence of accident context, inducing a too high suspicion of alcohol after accidents, and therefore an underestimation of the prevalence of other drugs. The most frequently detected drugs in DUID cases were cannabinoids (58%), ethanol (30%), cocaine (21%), benzodiazepines (11%), amphetamines (7%), opiates (6%), and antidepressants (5%). For the ALC cases, the drugs found were ethanol (84%), cannabinoids (13%), benzodiazepines (9%), antidepressants (6%), opiates (5%), cocaine (4%), methadone (3%), and amphetamines (1%). Prescription drugs, such as benzodiazepines, were common in accidents (22%) but rare in non-accidents DUID cases (5%). Thus, these drugs highly impact driving skills while being hard to suspect. This is of first concern as prescription drugs are largely found in poly-drug consumption, especially in combination with alcohol in accident cases. This emphasizes the emerging issue of prescription drugs and should motivate a strategy of prevention focused on the noxious effect of combining alcohol and prescription drugs on driving skills.

Tokenization of Assets: Security Tokens in Liechtenstein and Switzerland

Technological innovations invariably lead to legal questions being raised; the sphere of digitalization of physical documents and securities by use of blockchain and other distributed ledger technologies does not constitute an exception. While solutions for many questions can be found within the existing legal framework, some developments call for legislative measures. This paper examines the hurdles in connection with the issuance and transfer of securities by virtue of a mere digital transaction and the approaches of the Liechtenstein and Swiss legislator to overcome them. Both have recognized that entries in distributed ledgers may fulfill the same main functions as the possession of a physical document. While the focus of the selective legal adaptations in Switzerland is on the use of DLT and securities law, the Liechtenstein legislator strives towards a holistic legal and regulatory framework for the entire token economy by introduction of a new set of rules.

Analysing and optimising Informed Consent in cooperation with ethics committees and medical researchers

Abstract Medical researchers are ethically and legally required to inform participants and get written permission before enrolling them into a human research project (Informed Consent). Accordingly, information and consent represent a complex procedure, and the participant concerned “must receive comprehensible oral and written information” (Swiss legislation: Human Research Act (HRA) Art. 16). A triangle of stakeholders is involved in the procedure: ethics committees that review and approve research projects and Informed Consent (IC) documents, medical researchers who produce the documents and discuss enrolment with patients, and patients who have to be informed comprehensibly. From a linguistic point of view, the question arises as to which perceptions of comprehensibility form the basis of the IC process and how shared language can be established considering the complex relationship between these stakeholders. This contribution presents findings from two perspectives (ethics committees and researchers) while considering the needs of all three stakeholders. Firstly, the conceptualisation of comprehensibility among three ethic committees is presented, and steps toward harmonisation are outlined. Secondly, limitations of how researchers conduct oral IC information are analysed, and the measures that were implemented to improve patient information are discussed. A transdisciplinary approach is key in establishing these solutions because they do not stem from linguistic analysis alone but have been developed in close collaboration with members of ethics committees and medical researchers. Thus, the project shows how the expertise of applied linguistics in cooperation with practitioners can deliver an important impact in both academic analysis and optimisation of professional procedures.

Evolution of gynaecologists' practices regarding the implementation of Swiss legislation on maternity protection at work between 2008 and 2017.

In accordance with the International Labour Organization’s Maternity Protection Convention (No. 183) and European Union Directive 92/857CEE (1992), Switzerland’s Labour Law and its Maternity Protection Ordinance (OProMa) aim to protect the health of pregnant employees and their future children while enabling them to pursue their working activities. Gynaecologists-obstetricians have a key role in this legislation, particularly through the prescription of preventive leave for patients who would otherwise face dangerous or arduous tasks in the absence of an adequate risk analysis or suitable protective measures. However, international and national literature suggests that gynaecologists-obstetricians may encounter difficulties in fulfilling their role. This study aimed to: (1) describe the practices and difficulties encountered by gynaecologists-obstetricians in the practical implementation of the OProMa; and (2) compare the evolution of these practices and difficulties between 2008 and 2017. A survey by questionnaire was conducted in 2008 and repeated in 2017. Both surveys focused on gynaecologists-obstetricians working in the French-speaking part of Switzerland (in private practices, hospitals or both). Descriptive and comparative analyses were carried out. 83 gynaecologists-obstetricians responded in 2008 and 93 in 2017: response rates of 47% and 32%, respectively. In 2017, gynaecologists-obstetricians were more likely to ask questions about occupational risks faced by their patients when consulted by working mothers about their pregnancies. The estimated percentage of patients exposed to an occupational risk remained constant (20% in 2008 and 22% in 2017). Communication and collaboration with employers were reported to be difficult in both surveys, even though these are key elements in the implementation of the OProMa. Collaboration with occupational physicians, however, was more frequent in 2017. In 2017, gynaecologists-obstetricians showed a greater awareness of occupational risks and collaborated more frequently with occupational health specialists. However, the application of the OProMa remained limited over the studied time period. Improving training of gynaecologists-obstetricians in this field could be a significant factor in encouraging better implementation of the current legislation. Moreover, gynaecologists-obstetricians need to be given the necessary support to enable their clinical practice to evolve towards a more preventive type of medicine. Collaboration with relevant stakeholders, including occupational physicians, midwives and workers, should be encouraged.