Switzerland

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I. National legal protections

A. Are environmental rights protected within the national constitution?

The Swiss Constitution¹ contains two main articles in relation to the environment. Article 73 of the Constitution explicitly mentions sustainable development: “The Confederation and the Cantons shall endeavor to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population”. In addition, Article 74 SC mandates Switzerland to “legislate on the protection of the population and its natural environment against damage or nuisance”.

There are also several articles which mentioned the protection of the environment in relation to road transport, air traffic, energy, agriculture and non-human gene technology.²

The Constitution does not specifically contain individual environmental rights. Children are not expressly mentioned in relation to the protection of the environment, but the preamble of the Constitution provides that Switzerland and the Cantons assume their responsibility towards future generations, which includes the responsibility for the protection of the environment.

Under Article 11, children have a “right to the special protection of their integrity and to the encouragement of their development”, which may de facto include the protection of the environment. Furthermore Article 67 states that: “in fulfilling their duties, the Confederation and Cantons shall take account of the special need of children and young people to receive encouragement and protection.”

Switzerland ratified the CRC on 24 February 1997. Switzerland is a monist State, and as such, the CRC and other relevant ratified international instruments constitute a core part of domestic law.³

Switzerland is also party to the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement.⁴ In 2021, the Federal Council adopted a long-term climate strategy, with the aim to have net-zero greenhouse emissions by 2050.⁵

B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

There are several significant court decisions on the protection of the environment in Switzerland, on several issues such as waste management, water protection, construction and authorisation permits, aerial traffic, and the environmental impact of pollution.⁶

On 25 October 2016, the association “Aînées pour la protection du climat” introduced the first climate justice action in Switzerland. The organisation argued that the federal government was making insufficient efforts to limit global warming, and therefore there had been insufficient state action with regards to climate policy and the reduction of greenhouse gases, violating the right to life under Article 10 of the Constitution. It also argued that the state had violated the principle of sustainable development (Article 73 of the Constitution), as well as the principle of environmental protection (Article 74 para. 2 of the Constitution). The applicants argued that the authorities in question were required to take all necessary measures until 2030 to ensure that Switzerland contributes to the objective of the Paris Climate Agreement. On the basis of Art. 6 para. 1 and Art. 13 of the ECHR, the Association asserted its rights to a possible legal assessment of their claim and to an effective remedy.

The Association first submitted its application to the Federal Administration and in particular to the Federal Department of the Environment, Transport, Energy and Communications (DETEC). On 25 April 2017, DETEC ruled on a dismissal of the application.⁷ According to the DETEC, “the applicants are basically demanding that the federal administrative authorities adopt legislative provisions to reduce CO2 emissions or perform preliminary work in this respect in order to prevent an increase in CO2 emissions. This cannot take place only locally. The goal of the demands is thus the protection of the general public. Article 13 ECHR, however, permits only the review of a concrete state act in relation to an individual person. In the present case, the applicants are pursuing interests which cannot provide the basis for victim status.”⁸

The DETEC found that more conditions should be met for the submission of an application in accordance with Article 25a of the Federal Act on Procedure (AP). Art. 25a AP states that citizens may, under certain conditions, demand that the authorities refrain from unlawful acts. Omissions by the authorities may also be challenged and, in particular, the execution of specific acts may be demanded. According to DETEC, the senior citizens’ application does not relate to a specific act of an administrative authority and therefore does not fulfill the requirement of Art. 25 AP.⁹ The Association first appealed the DETEC decision to the Federal Administrative Court (which rejected the appeal in November 2018)¹⁰ and then to the Federal Tribunal. In a ruling on 5 May 2020, the Federal Tribunal also rejected the appeal of the Association and of several of its members, finding that the DETEC was right not to take action on its application.

According to the Federal Tribunal, the procedure under Article 25a AP is not a basis for popular action, but serves the purpose of individual legal protection. It is therefore necessary that the claimants are sufficiently affected in their own rights by official acts or omissions. In the present case, the claimants are not affected with the required intensity in their (fundamental) rights to object through Article 25a AP. Under the Paris Climate Agreement, the objective of limiting global warming to a level “well below 2 degrees [Celsius]” is to be understood in the medium to long term. The implementation of the Paris Climate Agreement in Swiss law is based on the same idea that a period of time is required for the implementation of this objective. Under these conditions, the Federal Tribunal found that the fundamental rights of claimants to life and to respect for private and family life were currently not affected to such an extent that would justify invoking Article 25a AP. On this basis, the Federal Tribunal found that the Federal Administrative Court had rightly upheld DETEC's decision not to take up the application.¹¹ Since then, the members decided to bring the case before the ECHR.¹²

In a separate case in January 2020, the Lausanne Police Court in Switzerland found that a protest by climate change activists at a Credit Suisse branch was “necessary and proportional” to the bank’s funding of fossil fuel projects and the ongoing dangers posed by climate change.¹³ Activists occupied the Swiss bank branch and played tennis to demand the end of these fossil fuel projects. The court found this did not amount to trespassing and waived a previous fine imposed on the group. The court found “[b]ecause of the insufficient measures taken to date in Switzerland, whether they be economic or political, the average warming will not diminish nor even stabilise, it will increase.” It concluded that “[i]n view of this, the tribunal considers that the imminence of danger is established”. This case has received global media coverage.¹⁴

C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

The concept of intergenerational equity has not been applied in courts in relation to environmental law, but has been promoted by the Swiss government in its Strategy for sustainable development for the Swiss people including children.¹⁵ For instance, the Confederation aims to support projects designed to promote the skills of children and young people and their integration into social, political and cultural life under Goal 8 of the Strategy.

The strategy defines priorities in those policy areas to implement the 2030 Agenda. The Federal Council has identified three priority issues: sustainable consumption and production, climate, energy, biodiversity and equal opportunities. It is recognised that there is a particular need for action and coordination between policy areas at federal level in those three areas.¹⁶

D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

There is a substantial volume of Swiss legislation governing the protection of the environment. The key federal legislation includes:

• The Federal Act on the Protection of the Environment (EPA) aims at protecting humans, animals and their habitats as well as plants against environmental harms It is the foundation of environmental law in Switzerland. Article. 13 specifically protects children against the effects of pollution.¹⁷
• The Federal Act on Forests aims at conserving, protecting and maintaining forest.¹⁸
• The Federal Act on the Protection of Nature and Cultural Heritage aims at protecting and promoting the local flora and fauna, their biological diversity and their natural habitats.¹⁹
• The Federal Act on the Protection of Waters aims at protecting waters against harmful effects and applies to surface and underground waters.²⁰
• The Federal Act on Fishing aims at protecting the biodiversity and the number of local fishes.²¹
• The Federal Act on the Reduction of CO2 Emissions aims at reducing gas emissions in particular CO2 emissions that are attributable to the use of fossil fuels.²²

There are also other Federal Acts, such as the Federal Act on Non-Human Gene Technology and the Federal Statute on Radioprotection and the Federal Statute on Nuclear Energy, which governs radioactive waste.²³

This federal environmental legislation is complemented by several federal ordinances, as well as by laws from the Cantons, which can be taken into account depending on the circumstances of the particular case.²⁴

The Civil Code also contains rules that apply to the abatement of nuisances such as water, air pollution or noise.²⁵

E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered level of exposure and what is the process for determining safe levels of exposure?

Article 13 para. 2 of the EPA provides that the Swiss government will set the limit for emissions. In doing so, the government must take into account particularly sensitive groups, including children.

As prescribed by Article 13 of the EPA, the Swiss government enacted the Ordinance on Air Pollution Control (OAPC).²⁶ The ordinance protects humans, animals and plants against the harmful effects or nuisances caused by air pollution. Annexes 1 to 5 of OAPC set limit values on emissions in Switzerland, including for dust, different types of gasses and carcinogens. Children are not expressly mentioned in the OAPC.

F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?

Switzerland has a Pollutant Release and Transfer Register which provides information on releases of pollutants and waste treatment from facilities or other sources.²⁷ The database allows conduct searches based on facilities, pollutants or the way waste is being treated.

Child specific factors are not taken into account on the register.

G. Does the State assert extra-territorial jurisdiction for any environmental issues?

Switzerland does not assert extra-territorial jurisdiction for environmental issues. However, Swiss courts will be competent if an unlawful act has results in Switzerland.

According to the Penal Code, Switzerland recognises and applies the principle of universal jurisdiction for certain offences committed against children, crimes prosecuted by virtue of an international agreement and particularly serious crimes proscribed by the international community, including crimes against humanity and war crimes.²⁸

II. Accessing courts

A. How can environmental cases be brought before national courts?

Civil remedies

The Swiss legal framework distinguishes between two main types of environmental harm in the civil context. The first is known as the “classical environment harm”, leading to the violation of protected rights (property or physical and/or mental integrity) and damage for an individual. The second can be qualified as “pure environmental harm”, i.e. a damage against “nature itself”, such as air pollution or damage of sea beds. In those cases, the quantification of the damage is often difficult and the harm is not necessarily directed against an individual in particular.

Both of these regimes can lead to civil liability for the perpetrator of the environmental harm. Article 41 of the Code of Obligations provides that “[a]ny person who unlawfully causes damage to another, whether willfully or negligently, is obliged to provide compensation”. The key point, therefore, is that either a person who suffers a damage or whose integrity is affected, or both, can bring a claim.

Cases of “classical environmental harm” are governed by the general rules of Swiss civil liability that can be found in the Civil Code and the Code of Obligations. In these cases, the requirements for civil liability will be the same as for non-environmental cases, i.e. a damage, a wrongful and an unlawful act, and a causal link between the damage and the unlawful act. For example, Article 684 of the Civil Code provides that a land owner will be liable if they use their land excessively to the detriment of the neighbours.

Cases of “pure environmental harm” are governed by specialised laws or provisions that particularly aim at protecting the environment. The laws that were mentioned above (see section I.A) contain such provisions, for example Article 59a of the EPA or Article 24e of the Federal Act on the Protection of Nature and Cultural Heritage. Currently, those cases rarely lead to a court ordering the reparation of the environmental harm.

The type of procedures that will be applicable will depend on the amount in dispute and/or the type of the case. A simplified procedure²⁹ applies to cases where the amount in dispute does not exceed 30,000 francs. The summary procedure³⁰ will apply amongst others in clear cases and in cases provided for by law. The ordinary procedure³¹ is the procedure that applies by default, i.e. if none of the above-mentioned procedures is applicable.

In Switzerland, civil cases will be brought in front of the cantonal civil tribunal of first instance. An appeal against those decisions can be brought to the cantonal Supreme Court. Finally, a final appeal is possible to the Swiss Federal Tribunal.

Criminal remedies

In the Swiss legal system, criminal provisions will be found in various laws, including the Criminal Code and the laws mentioned in section I.A. The Criminal Code does not have a specific section on crimes against the environment but addresses some environmental crimes in the section of crimes against public health, for example the propagation of harmful parasites and the contamination of drinking water.³²

In addition to the provisions found in the Criminal Code, most laws aiming at protecting the environment contain a section with criminal provisions. The most important acts mentioned above in section I.D all contain such criminal provisions. For example, Articles 60 and 61 of the EPA provide for a list of violations under the EPA that can lead to fines or imprisonment for up to three years.

In terms of competent authorities in relation to criminal offences:

• The Juvenile Court conducts criminal investigations against children who were under 18 years of age at the time of the offence.
• The public prosecutor's office (public prosecutors) conducts investigations for adults. They clarify the decisive facts and decide on offences punishable by a custodial sentence not exceeding six months or a pecuniary penalty of up to 180 days' fine, with or without suspension. They may also impose a fine.
• The district courts are seized by prosecutors when they consider that the penalty to be imposed exceeds their competence. An indictment is sent to the District Court. Depending on the penalty incurred, the court is composed of one or more judges.

Administrative routes

Environmental decisions by administrative authorities, organs of the canton, communes, federations of communes and agglomerations, as well as any entity who is legally entitled to make decisions, may be challenged before the administrative courts, like any other administrative decisions.

In Switzerland, depending on whether the authority is a federal or a cantonal authority, the procedure might vary. Each Canton has different rules and procedures.

Constitutional routes

As addressed above (see section I.A), the protection of the environment is mentioned in the Constitution but the Constitution does not contain specific individual environmental rights. Therefore, it is not possible to bring a constitutional case based solely on the violation of the environmental provisions in the Constitution. Such a case would need to be coupled with the violation of an individual protected constitutional right.

B. What rules of standing apply in environmental cases?

Civil cases

Individuals whose protected rights (property and physical rights) have been violated can bring a civil claim. However, in the case of pure environmental harm cases, only the collectivity can bring such a claim.

Criminal cases

Any person (including individuals and public servants) who is aware of a potential environmental crime may make a complaint to the police or the prosecutor.

Administrative cases

Any individual who is directly impacted by an administrative decision can challenge it. Switzerland has rejected the idea of a popular action, which implies that a person, who is not directly impacted by a decision, cannot challenge it. It is therefore necessary that the plaintiff is sufficiently affected in his/her own rights to be able to challenge an administrative decision.

While Switzerland has not adopted the legal concept of class action lawsuits, considering them to be inconsistent with the Swiss legal tradition, the law does provide mechanisms for litigation brought by a representative group. Article 89 of the Civil Procedure Code enables “[a]ssociations of national or regional importance that are authorised by their articles of association to protect the interests of a certain group of individuals [to] bring an action in their own name for a violation of the personality of the members of the group.” The group, in turn, may request the court to “prohibit an imminent violation”, “put an end to an ongoing violation”, or “establish the unlawful character of a violation if the latter continues to have a disturbing effect.

Furthermore, Article 90 of the Civil Procedure Code allows a plaintiff to combine two or more claims against the same party in one action, if they are within the jurisdiction of the same court and they are subject to the same type of procedure.³³

Under Article 74 of the Civil Procedure Code enables “[a]ny person who shows a credible legal interest in having a pending dispute decided in favour of one of the parties [to] intervene at any time as an accessory party” to the dispute. Although this provision enables “persons” to intervene, Article 52 of the Civil Code provides associations with legal personality. As such, when read together, as well as alongside the broader policy aims of Article 89 of the Civil Procedure Code, these provisions seemingly enable an NGO to intervene in a case that has been filed.³⁴

Approximately 30 environmental protection organisations have a statutory standing to appeal rulings and decisions of the federal or cantonal authorities within the scope of the Federal Environmental Protection Act, the Federal Act on the Protection of Nature and Cultural Heritage and the Federal Act on Non-Human Gene Technology.³⁵

C. Do these rules of standing differ when children are the complainants and if so in what way?

Children are required to act through legal representatives before courts. The Civil Code vests parents, or in cases where the child has no parents, an appointed guardian, with the power to represent the child in all dealings with third parties.³⁶

The Civil Code also states that persons capable of judgement but lacking capacity to act, which would include some children, may exercise their strictly personal rights independently.³⁷ It follows that, where the rights of a child “capable of judgement” are violated, and those rights constitute “strictly personal rights” under the Civil Code, then such a child could bring proceedings without a parent or guardian. If, however, such rights are not “strictly personal rights”, then that child would require the assistance of a representative, which, under Swiss law, would be that child’s parents or, if necessary, an appointed guardian.³⁸

D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

There is no special burden and standard of proof for allegations of personal injury as a result of toxic exposure. The burden of proof rests upon the party, whether complaining or defending, who asserts the affirmative of a particular claim or defence.³⁹

E. What limitation periods apply in environmental cases?

There is no specific limitation period that applies in environmental cases. The relevant period varies depending on the type of claim that is brought.

Before civil courts, a claim for damages related to an unlawful act must be brought within three years from the date the victim is aware of the loss, the damage/injury and the identity of the liable person.⁴⁰ In any event, it will be prescribed 10 years after the harmful conduct took place or ceased. In cases of death or injury, the absolute prescription is 20 years.

In criminal cases, limitation periods vary according to the maximum penalty for the offence. A prosecution must be brought within 30 years where the maximum penalty is life imprisonment; 15 years if the maximum penalty incurred is deprivation of liberty for more than three years; 10 years if the maximum penalty incurred is a term of imprisonment of three years; seven years if the maximum penalty incurred is another penalty.⁴¹

F. Is legal aid available in environmental cases? If so, under what circumstances?

As a general rule, legal assistance is granted when the applicant does not have “sufficient means” to conduct proceedings and pay for a lawyer.

Article 29 of the Constitution guarantees “[a]ny person who does not have sufficient means [with] the right to free legal advice and assistance unless their case appears to have no prospect of success. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.”

Article 119 of the Civil Procedure Code enables parties to apply for aid “before or after an action becomes pending.” The application must contain: (1) the party’s financial circumstances (including income and assets); (2) the party’s position on the merits of the case; and (3) the intended evidence. The application may also identify a preferred legal representative.

Under Article 65 of the Federal Act on Administrative Procedure, “[i]f it is necessary in order to safeguard his rights, the appellate authority, its president or the instructing judge shall appoint a lawyer to represent the party”. Furthermore, [a]fter the appeal has been filed, the appellate authority, its president or the instructing judge shall on request relieve a party who does not have the required financial means of the requirement to pay procedural costs, unless his application appears to have no prospect of success.”⁴²

Free or subsidised legal assistance is provided by the cantons themselves, each of which provides guidelines and information for prospective litigants.⁴³

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

Civil cases

The main remedy before civil courts is the granting of damages.

Administrative cases

Administrative judges can rescind a contested administrative decision, amend the contested decision and order an administration to pay a sum of money by way of damages.

Criminal cases

Criminal law distinguishes three types of offences: contravention, misdemeanour and felony. As different penalties are provided for each offence.

Several federal statutes such as the Federal Environmental Protection Act or the Federal Water Protection Act provide criminal sanctions for deliberate or negligent infringement of specific duties under the relevant statutes, including fines or imprisonment. Both natural persons and legal entities can be sanctioned.⁴⁴

For instance, in cases of water pollution, the authorities can impose on both the operator and the owner of an installation that causes pollution all necessary measures to prevent an immediate threat to waters and to repair. The Water Protection Act provides for criminal sanctions, including fines or a prison term of up to three years for deliberate or negligent infringement of specific duties. Additionally, the Swiss Penal Code imposes fines or custodial sentences (three to five years) on any person who acts negligently or willfully contaminates drinking water intended for people or domestic animals with substances that are harmful to health.⁴⁵

B. What remedies have courts ordered in environmental cases to date?

Over the past ten years, the Federal Office for the Environment (FOEN) has evaluated the criminal decisions made in relation to environmental cases. In most instances, the courts ordered a fine of less than 1,000 francs and the highest fine was 5,000 francs.⁴⁶

C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

In general, the Federal Council has supreme political responsibility for Switzerland's sustainability policy. It has given the Federal Office for Spatial Development ARE the task of coordinating the implementation of a sustainability strategy, including controlling implementation, performing monitoring and evaluation tasks at federal level, and also in collaboration with the cantons, communes, and other stakeholders.⁴⁷

Each canton can determine the extent to which its environmental authority can take part in criminal proceedings. In some cantons, these services may be part of the proceedings; they are therefore entitled to consult the files and to appeal against a decision to close the case or against a sentence that is considered too lenient. Using their expertise in criminal proceedings can improve the quality of law enforcement and help to raise awareness of environmental law among the judicial authorities.⁴⁸

IV. Civil and political rights

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

Freedom of assembly is protected and “guaranteed” under Art. 22(1) of the Constitution. Under Article 22(2), “every person has the right to organise meetings and to participate or not to participate in meetings”. The Constitution does not separately or explicitly identify the rights of children to engage in peaceful assembly. The fact that Article 22(2) SC includes “every person”, however, will undoubtedly mean that children are covered by this provision. Under Article 33 of the Constitution, there is also the right “without prejudice, to petition the authorities” and the authorities must acknowledge receipt of such petitions.

Switzerland has also ratified the European Convention on Human Rights, Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, which contain specific provisions on the freedom to peaceful assembly.⁴⁹

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

The Convention on the Rights of the Child (CRC) is part of Swiss law.⁵⁰ Under Article 15(2) of the CRC, children have the right to engage in peaceful assembly and “no restrictions may be placed on the exercise of these rights” other than those necessary in a democratic society.⁵¹

Cantons are responsible to guarantee public security and the protection of the population. Their sovereignty is limited by the Federal Constitution, they exercise all rights that are not delegated to the Confederation. Thus, public authority lies in principle with the cantons, responsible to maintain public order during demonstrations.⁵²

C. What penalties can be imposed on children for engaging in school strikes?

It does not appear that any penalties could be imposed on children for engaging in school strikes under Swiss law. Children in Switzerland have been participating in school strikes over the last 18 months.⁵³ However, there have been reports of penalties in some Cantons⁵⁴, but there has been no countrywide confirmation of whether and what penalties have been imposed on children involved in school strikes.⁵⁵ Meanwhile, one report confirmed that Geneva specifically authorised students to take several hours off school to attend the protests.⁵⁶

Freedom of expression

A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Under Article 16(1) of the Constitution, “freedom of expression ... is guaranteed”. Article 16(2) confirms that “every person has the right freely to form, express and impart their opinions”. Although children’s right to freedom of expression is not specifically mentioned, it can be concluded that by virtue of the use of “every person”, children are included and protected by this article.

The freedom of expression is also guaranteed by Article 13 of the CRC and Articles 19 and 20 of the International Covenant on Civil and Political Rights.

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

There are general restrictions that apply regardless of age, including related to defamation or racial hatred.⁵⁷

Freedom of association

A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 23(1) of the Constitution guarantees the freedom of association, which applies also to children. Under the freedom of association is “guaranteed”. Article 23(2) SC confirms that “every person has the right to form, join or belong to an association and to participate in the activities of an association”. However, it is equally clear under Article 23(3) SC that no person “may be compelled” to join or be part of an association.

Article 15(1) of the CRC, which is part of Swiss law, expressly provides for the freedom of association for children: “...the rights of the child to freedom of association and to freedom of peaceful assembly.”

There are several environmental associations in Switzerland such as: Aînées pour la protection du climat, WWF Genève, Zero Waste Switzerland, Association Eco-Citoyen, J’aime ma Planète. There are also specific youth associations such as the Swiss Youth for Climate which was established in 2015. The association has regional groups in six cities in Switzerland, conduct national political projects, and participate to international climate negotiations. The membership is open to all people under the age of 35 and the membership fee is CHF 15 for individuals.⁵⁸

The Child and Youth Law adopted in 2018 supports the participation of children and young people and their projects.⁵⁹

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

Children are subject to the same restrictions as adults as provided in Article 15(2) of CRC: “No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”

The Civil Code defines specific conditions to set up an association.⁶⁰ Children have the option to become members and be elected as President of an association, but would require the signature of their parents to open a bank account.⁶¹

Access to information

A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Under Article 13(1) of the CRC the children’s right to access information is part of their right of freedom of expression: “[t]he child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.” Article 17 of the CRC also specifically addresses the right to access information.

The Child and Youth Law adopted in 2018 specifically addresses the right of children to be informed on specific issues, such as health.⁶²

It is worth mentioning that Article 16(1) of the Constitution guarantees a general right to the freedom of information. Article 16(3) of the Constitution provides that “every person [which includes children] has the right freely to receive information to gather it from generally accessible sources and to disseminate it”.

According to Article 10g(1) of the EPA, “any person” also has the right “to inspect environmental information in official documents and information relating to energy regulations that relate to the environment and to request information from the authorities about the content of these documents”. In the case of federal authorities, this right is governed by the Freedom of Information Act. This right to information also extends “in the case of public corporations and private individuals who have been entrusted with enforcement duties”.⁶³ While children are not expressly mentioned, they will have the same rights as adults.⁶⁴

There are several associations which provide information on the protection of the environment to children. For instance the association “J’aime ma planète” organises education, awareness-raising and information activities on the protection of the environment, particularly for children and young people, including eco-schools, exhibitions or workshops. The Program “Young Reporters for the environment” is specifically designed to support children to share their voices.⁶⁵

Associations organising extra-curricular activities might also receive financial support from the government.⁶⁶ Article 67 of the Constitution states that: “the Confederation and Cantons shall take account of the special need of children and young people to receive encouragement and protection. The Confederation may supplement cantonal measures by supporting extra-curricular work with children and young people”.

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

Children are subject to the same restrictions imposed by the law to adults, which relate to the respect of the rights or reputations of others, the protection of national security, the protection of the public order or the protection of public health or morals.⁶⁷

The revised version of the Radio and Television Act contains specific provisions on the protection of children. Several initiatives have been launched to combat cybercrime and help to raise children’s and parents’ awareness of the dangers of the Internet.⁶⁸

C. Does the national curriculum for schools include environmental education?

In Switzerland, each Canton is responsible for its own system of school education.⁶⁹ However, Articles 61a and 62 of the Constitution require harmonisation between the cantons regarding the structure and objectives of school education. In this context, cantons have signed an intercantonal agreement that harmonised education in Switzerland.⁷⁰ Article 3(3) of the intercantonal agreement specifically provides for children to obtain a sense of responsibility towards the environment: “Compulsory schooling promotes among the student the development of an autonomous personality, as well as the acquisition of skills and a sense of responsibility toward others and the environment”. Local laws or agreements might include additional educational requirements. For example, the education plans for French speaking Cantons include environmental education,⁷¹ such as in Vaud, where a sustainable environment is integrated in the curriculum.⁷²

End notes

¹ Available here.

² See for instance Art. 86, 87, 89, 104, 120 of the Constitution

³ Human Rights Information Platform, ‘International Convention on the Rights of the Child (CRC) – Implementation in Switzerland’, available here.

⁴ See Isabelle Romy and al., “Environmental law and practice in Switzerland: overview”, 2020, available here.

⁵ See here.

⁶ The case law of the Federal Court is available here. For the administrative court, visit here.

⁷ The judgment is available (in German) available here.

⁸ A summary of the judgment can be found in English here.

⁹ Ibid

¹⁰ Federal Administrative Court, decision dated 27 November 2018 (A-2992/2017). The judgment (in German) can be found here.

¹¹ Federal Tribunal, decision of 5 May 2020 (1C_37/2019). The judgment in German can be found here.

¹² For more information, see the website of the association here.

¹³ Decision of the Tribunal of Police of Lausanne, dated 13 January 2010, PE19.000742. A summary of the decision can be found under the following link here.

¹⁴ See here and here.

¹⁵ Available here.

¹⁶ Ibid

¹⁷ Available here.

¹⁸ Available here.

¹⁹ Available here.

²⁰ Available here.

²¹ Available here.

²² Available here.

²³ See Isabelle Romy and al., “Environmental law and practice in Switzerland: overview”, 2020, op. cit.

²⁴ See Vaud for example here

²⁵ See for instance Art. 679 and 684 of the Civil Code regarding liability of landowners

²⁶ Available here

²⁷ Available here

²⁸ See the position statement of Switzerland on this specific issue available here

²⁹ Art. 243 of the Code of Civil Procedure

³⁰ Art. 248 seq. of the Code of Civil Procedure

³¹ Art. 219 of the Code of Civil Procedure.

³² Art. 233 and 234 of the Criminal Code.

³³ CRIN, Access to justice for children: Switzerland, March 2014. Available here

³⁴ Ibid

³⁵ Isabelle Romy and al., “Environmental law and practice in Switzerland: overview”, 2020, op. cit.

³⁶ Art. 304 and 327 of the Civil Code

³⁷ Art. 19c of the Civil Code

³⁸ See CRIN, Access to justice for children: Switzerland, March 2014. Available here

³⁹ Art. 8 of the Civil Code

⁴⁰ Art. 60(1) of the Code of Obligations.

⁴¹ Art. 97 of the Criminal Code.

⁴² See CRIN’s report on access to justice for children – Switerland, op. cit

⁴³ Examples for each of Switzerland’s three official national-level languages: German (Canton Zurich) Available hereFrench (Canton Geneva): Available Italian (Canton Ticino) available here

⁴⁴ Isabelle Romy and al., “Environmental law and practice in Switzerland: overview”, 2020, op. cit

⁴⁵ Ibid

⁴⁶ See here

⁴⁷ See here

⁴⁸ See here

⁴⁹ Art. 10 of the European Convention on Human Rights; Art. 15 of the Convention on the Rights of the child; Art. 19 and 21 of the International Covenant on Civil and Political Rights

⁵⁰ See here. pages 11–12.

⁵¹ See here. pages 11–12.

⁵² See for instance here. pages 11–12.

⁵³ See here See here See here

⁵⁴ See here.

⁵⁵ See here.

⁵⁶ Ibid

⁵⁷ Examples are mentioned in this document here

⁵⁸ See https://www.syfc.ch.

⁵⁹ See Art. 10 and 11 of the law, available here

⁶⁰ Art. 60 to 79 of the Civil Code

⁶¹ See here

⁶² Art. 17 of the Child and Youth Law

⁶³ Article 10g(3) of the Environmental Protection Act.

⁶⁴ Article 13(1) of the Convention on the Rights of the Child

⁶⁵ For more information, visit their website : https://jmp-ch.org

⁶⁶ See for instance Art. 7 of the Federal Law on the promotion of extra-curricular activities for children and youth, available here

⁶⁷ Art. 13(2) of the Convention on the Rights of the Child here

⁶⁸ See the CRC Concluding Observations, 2015, available here

⁶⁹ Art. 62(1) of the Constitution

⁷⁰ See here

⁷¹ See here

⁷² An overview of the programme in Cycle 2 is available here

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