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Restrictions on the Right to Protest in Switzerland: a Deterrence Mechanism

Protesting has long been one of the most powerful ways for people to defend and advance human rights, bringing together individuals from different backgrounds in pursuit of shared justice and goals. It gives ordinary citizens a voice, enabling them to challenge inequality, demand accountability, and push for meaningful change. However, in recent years, the rise of authoritarian tendencies and increasing legal restrictions have made it more difficult for people to exercise this fundamental right.


Even in countries known for strong democratic traditions, such as Switzerland, ongoing discussions about public order, security, and civic responsibility continue to shape how freely people can gather and express dissent.


Is there a right to protest?


While the “right to protest” is not explicitly mentioned in any international treaty, it is protected under international human rights law through a combination of different but mutually reinforcing rights. Key instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) guarantee rights including freedom of expression and freedom of peaceful assembly, from which the right to protest is mainly derived.


In order to exercise this right, other human rights have to be respected, protected and fulfilled: the right to life, to freedom of association, to privacy, to be free from arbitrary arrest and detention, and from torture and other ill-treatment or punishment.


The protection of the right to protest requires states to fulfil both negative and positive obligations. Not only must they refrain from unjustified interference with demonstrations, but they are also required to actively facilitate the exercise of this right, ensuring that protests are conducted in a peaceful and safe manner.

Switzerland and the Right of Peaceful Assembly


The right to protest in Switzerland is safeguarded both by its commitments under international treaties, such as the ICCPR and ECHR, and by its domestic legal framework. Within the Federal Constitution of the Swiss Confederation, Article 16 guarantees freedom of expression, Article 22 enshrines freedom of assembly, and Article 23 protects freedom of association, collectively forming the constitutional basis for the exercise of the right to protest.


In 2024, during the 56th session of the United Nations Human Rights Council in Geneva, Switzerland introduced a resolution on the promotion and protection of human rights in the context of peaceful protests, which was adopted by consensus. The resolution aimed to support law enforcement officials in fulfilling their obligations during peaceful protests to ensure they are facilitated and conducted safely.


In spite of these efforts, the right to protest in Switzerland is increasingly being restricted. In a 2024 report, Amnesty International raises concerns about how the country is violating this right.


Among the measures introduced by authorities to restrict the right to protest and discourage participation, Switzerland has established one of the most stringent and lengthy notification requirements. Organizers must notify authorities of a planned protest at least 30 days in advance in order to obtain prior authorization. This process creates additional obstacles to organizing demonstrations, as decisions may be delayed, denied, appealed, and reconsidered, leading to uncertainty and administrative burden. In the case of spontaneous demonstrations, a simplified procedure exists to facilitate their organization.


Contrary to international human rights obligations, which requires the process of notifying authorities about protests to be free of charge, the canton of Geneva imposes financial penalties on organizers. If the 30-day minimum notification requirement is not met, organizers must pay a fee ranging from CHF 200 to 500. Additionally, a fine of up to CHF 100,000 may be imposed on anyone who “fails to comply with the terms of the permit.”


Failure to notify authorities or obtain prior authorization may also lead to criminal sanctions. Organizers bear a particularly heavy burden, as they may be held responsible for the actions of participants and for the costs of public services, even though accountability should be limited to their own unlawful conduct. As the Venice Commission’s Guidelines on Freedom of Peaceful Assembly affirm: “Assembly organizers and representatives should under no conditions be obliged to pay for damages caused by other participants in an assembly (unless they incited, or otherwise directly caused them)”.


Amnesty International also highlights a range of concerns, including unlawful and discriminatory restrictions on assembly locations, problematic policing practices, the deployment of military personnel, and limitations on children’s ability to exercise their right to peaceful assembly. It further points to a broader lack of accountability and barriers within legal proceedings.


Particular concern has been raised about policing methods, such as the use of kinetic impact projectiles, the tactic of “stop and search” and kettling, which may be used to control crowds and collect information on participants.


Finally, restrictions have been particularly pronounced for demonstrations expressing support for Palestinian people, many of which have been banned or subjected to disproportionate limitations. A recent ruling by the cantonal court of Fribourg found that charging CHF 1,380 to the Palestine Solidarity collective for organizing a demonstration in downtown Fribourg in November 2023 constituted an unjustified restriction on the freedoms of expression and peaceful assembly.

Conclusion


The right to protest in Switzerland is formally protected but increasingly shaped by restrictive practices that risk undermining its exercise. Under the pretext of public order and national security, unlawful and discriminatory limitations on the right to peaceful assembly are imposed or justified, narrowing the space for legitimate dissent. This pattern is particularly visible in the context of demonstrations in solidarity with Palestinians, where bans and limitations have been reported more frequently.


Switzerland’s authorization-based system and associated administrative practices deters both participation and organisation of protests. Lengthy procedures, financial burdens, and legal uncertainties contribute to a broader discouraging effect on the exercise of peaceful assembly.


Overall, this reflects a worrying tendency towards the normalisation of restrictive approaches to public assembly, in a broader context where concerns about democratic backsliding are raised worldwide. While the right to protest remains legally recognised, its effective protection depends on ensuring that regulation does not become a tool of deterrence or suppression.

Bibliography:

Written by Mar Oller Sigró - Master in Advanced Studies in Transitional Justice, Human Rights and the Rule of Law @Geneva Academy of IHL and HR

Edited by Vanessa Cugnetto - Bachelor in Political Science, International Relations, Human Rights @UniPD




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