Switzerland experienced a restrictive immigration legislation, which has been produced for
decades women and men undocumented. The Aliens Act makes it almost impossible legal
residence of people who have no passport or Swiss are not nationals of the European Union.
These people are "illegalized" turned into "criminals" as illegal residence is liable to
one year imprisonment to the maximum! --But we're talking hundreds of thousands of people
from four-fifths of the world, who often live for many years in Switzerland, working
there, entire families with their children more often in school. ---- From the point of
view of common sense, it is common to say the undocumented have no rights. Yet, in theory,
this is wrong! Even the Federal Court pointed out that these people can enjoy all the
fundamental rights guaranteed by the Federal Constitution.
Anyone undocumented enjoys civil rights because the law is not a nationality condition.
His intimate life, as his private and public life should be protected against any attack
that would be worn without right. It may well be, in theory, rent an apartment: when she
pays rent, it becomes tenant or subtenant, with all the rights and all the protections
related to the conclusion of a lease.
But now, the "illegalization" makes practically impossible the exercise of rights to the
tenant. Taking a lease in his name, the undocumented person will be announced
well-appointed control people. The illegality of stay will be immediately identified with
criminal charges with the key. Even un.e ami.e who would help by signing the lease risk up
to a year in prison, as one who "facilitates the illegal stay of a foreigner" is also
considered a criminal by the Act foreigners ...
This "illl?galisation" that brings women and men undocumented living in extremely
precarious conditions, in fear constantly being denounced, falling into a police control,
and then be returned. Yet forced to stay as every human being undocumented people are
often subject to arbitrary and sometimes violence, owners or profiteers who exploit
blatantly legal fragility resulting from "illegal stay".
The situation of real hardship, extreme dependency, is a shocking breach with respect to
rights in principle to all citizens. This gap can and will engulf other challenged these
rights in relation to other sectors of the population. What is the guarantee of
fundamental rights in a "rule of law" if it is not to defend the weak? The situation of
undocumented illustrates the reverse mechanism: precisely because of their weakness, due
to the impossibility of regularizing stay - though known to many people, sometimes even
authority! - And they do not qualify for the guarantee provided by these rights.
To leave such a denial to allow undocumented migrants to access a right to housing, you
must first claim and gain a true "right to be there." This is the only way to ensure equal
treatment of all human beings living in our country. This may seem little, but that would
be a revolution.
Related Link: http://www.rebellion-osl.ch
Bron : A-infos-en@ainfos.ca
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