Trade union complaint against Covid demo ban in Strasbourg off the table
Published: Monday, Nov 27th 2023, 17:00
Updated At: Monday, Nov 27th 2023, 17:03
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The European Court of Human Rights (ECtHR) will not intervene in an application brought by Geneva trade unions against the ban on demonstrations introduced in Switzerland during the coronavirus pandemic. This was announced by the Grand Chamber of the Court in Strasbourg on Monday.
It ruled that an application by the umbrella organization of Geneva trade unions CGAS was inadmissible. This organization had not yet exhausted all legal remedies in Switzerland when it turned to the ECtHR.
Specifically, the umbrella organization should have taken direct legal action against the ban on holding a May Day parade in the city on 1 May 2020. This was announced by the ECHR on Monday. The authorities based this ban on the Ordinance on Measures to Combat the Coronavirus, which the Federal Council had issued on 13 March 2020.
The trade union umbrella organization could have had the constitutionality of this ban reviewed in Switzerland, the Strasbourg judges wrote. By turning directly to Strasbourg, the CGAS had deprived the Swiss judiciary of the opportunity to play its intended role.
Different decision in March 2022
In March last year, the First Chamber of the ECtHR ruled that the ban on demonstrations during the coronavirus pandemic was a violation of the freedom of assembly and association under the European Convention on Human Rights.
The first ECtHR chamber came to the conclusion that the ban on gatherings of people in public spaces imposed by the Federal Council in the Corona Ordinance in mid-March 2020 was not proportionate to the objectives pursued. This was particularly due to its duration and the severity of the planned measures. The decision was made by a narrow margin of 4 to 3 votes.
The Grand Chamber of the ECtHR has now overturned this decision after the Federal Council took the case further. Following the announcement of the ruling, the Federal Office of Justice announced on Monday that it had taken note of it. It is final and replaces the ruling of the first chamber from March 15, 2022.
The Grand Chamber of the ECtHR made the decision not to intervene by 12 votes to 5.
Demo ban during the state of emergency
The Geneva trade union umbrella organization wanted to hold the May Day demonstration at a time when the coronavirus pandemic was dominating the headlines in Switzerland. On March 13, 2020, the number of confirmed coronavirus cases in this country exceeded the one-thousand mark.
The Federal Council closed all schools, banned all events with more than 100 people and allowed up to 50 people in bars, discos and restaurants.
On that day, the national government issued an ordinance on measures to combat the coronavirus, banning gatherings of more than 30 people in public spaces. This ban on demonstrations lasted until the end of May 2020.
On March 16, 2020, the Federal Council declared a state of emergency for the whole of Switzerland. Restaurants, stores, markets and leisure facilities as well as businesses that were unable to comply with social distancing rules had to close. Only grocery stores and healthcare facilities were allowed to open.
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