Court rejects appeal against low asylum social assistance in Aargau
Published: Monday, Mar 25th 2024, 11:10
Updated At: Monday, Mar 25th 2024, 10:31
Zurück zu Live Feed
In the canton of Aargau, the low social welfare rates for temporarily admitted persons are legally correct. This was decided by the Aargau Administrative Court, which rejected the appeal of a family of six who had been temporarily admitted. However, according to the court, the amount paid out is "very low".
In its decision published on Monday, the Administrative Court backs the cantonal government, which rejected the Syrian family's appeal a year ago. The appeal was directed against an order issued by the cantonal social services in 2021.
The family from Syria had been housed in cantonal accommodation for three and a half months. They received 1440 francs per month or 48 francs per day in asylum social assistance. The appeal requested an amount of CHF 2586 per month. This would correspond to the basic requirements for a six-person household under ordinary social assistance.
The rates are so low that they violate human dignity, the right to emergency aid, the principle of legal equality, the prohibition of discrimination and other fundamental rights, according to the complaint.
This was written by students at the University of Bern as part of the "Human Rights Law Clinic". This form of teaching is intended to enable prospective lawyers to work on real cases during their studies. The appeal to the Administrative Court was lodged by a lawyer from Bern.
Amount is "very low" according to the court
The Administrative Court came to the conclusion that it was not objectionable that the cantonal government set the rates for temporarily admitted persons at ordinance level in accordance with the cantonal Social Assistance and Prevention Act. According to federal law, temporarily admitted persons do not have the same status as recognized refugees.
Temporarily admitted persons only have a temporary right of residence in Switzerland. The welfare benefits are not geared towards integration. This justifies supporting asylum seekers and persons in need of protection without a residence permit not only differently, but also to a lesser extent than other persons.
However, the Administrative Court concedes that the amount paid out is "very low". It rightly pointed out that the approach "sets extremely tight financial limits", particularly with regard to social contacts and personal integration efforts.
On the other hand, it cannot be assumed that there is an unlawful encroachment on fundamental rights as long as the minimum subsistence level is guaranteed. The aim is to keep the incentive to move to or remain in Switzerland low.
There are also benefits in kind
In addition to the financial contributions for food, pocket money and clothing as well as accommodation and medical expenses, the family received various benefits in kind and situation-related benefits, the Administrative Court explained.
In the collective accommodation in , the residents were provided with a furnished and equipped 3.5-room apartment with a television and free WiFi. The apartment was equipped with crockery, towels and bed linen.
The financial support should therefore not be viewed in isolation, but should be assessed as part of the "overall package", the court stated. The right to a secure livelihood does not guarantee a numerical minimum income.
50 centimes more per day
In Aargau, an adult receives 8.50 francs per day as social asylum assistance - mainly for food - as well as one franc pocket money. The amount was increased by 50 centimes in March following a decision by the cantonal parliament. The increase "enables (partial) compensation for the rise in food prices", it said.
The previous low rate of eight francs compared to the rest of Switzerland has applied in Aargau since 2018. The reason for the reduction at the time was a savings program.
©Keystone/SDA
German 
English 
French 
Spanish 
Arabic