Information Note on the Court’s case-law 243
August-September 2020
Communauté genevoise d'action syndicale (CGAS) v. Switzerland (communicated case) - 21881/20
Article 11
Article 11-1
Freedom of peaceful assembly
Ban on demonstrations in the context of the Covid-19 pandemic: communicated
Under the Federal Epidemics Act, the Swiss Federal Council enacted a package of measures (“Ordinance 2 Covid-19”) on 13 March 2020. The measures included, in particular, restrictions on freedom of assembly and freedom to demonstrate, on pain of a fine or even a custodial sentence of up to three years for anyone organising or participating in a prohibited gathering.
As a result, the applicant association – which in normal circumstances organises or takes part in numerous trade union gatherings every year – decided not to stage a demonstration planned for 1 May 2020 and withdrew its request for authorisation. The association also cites several instances in which demonstrators have been prosecuted for breaches of the prohibition in question.
The applicant association did not complain to the national authorities. In its submission, domestic law does not provide for any possibility of appeal against ordinances of the Federal Council, since they are of a general nature.
Communicated under Article 11 of the Convention (with preliminary questions regarding victim status and exhaustion of domestic remedies).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy