Switzerland's sovereignty initiative: a step towards strengthening national independence

The Initiative on Switzerland's national sovereignty advocates a clear prioritisation of the country's political independence and fundamental rights. Essentially, the aim is to restrict the application of international treaties that could compromise sovereignty. But what does this mean in concrete terms?

International law and national sovereignty

National sovereignty is a cornerstone of international law. The UN Charter expressly protects this principle in Article 2, paragraphs 4 and 7, by prohibiting interference in political independence. While international treaties create legal certainty and promote international cooperation, they also bind states to certain obligations.

For Switzerland, this raises the question: How can national interests and the fundamental rights of citizens be protected from excessive external influences?

The initiative's approach

The sovereignty initiative aims to achieve this through a new fundamental article in the Federal Constitution clarify. The proposal is:

• International treatieswhich interfere with the protection of fundamental rights or constitutional rights may not be applied.
• This applies in particular to obligations that force Switzerland to comply with foreign regulations.

The aim is to Political independence over international obligations without fundamentally questioning the advantages of international treaties.

Key contents of the initiative

The initiative comprises several key points:

1. Restriction of international treatiesTreaties that violate fundamental rights or impair the constitutional rights of citizens are declared inadmissible.
2. National responsibility for fundamental rightsThe responsibility for safeguarding fundamental rights should lie with Swiss legislation and not with international courts.
3. Affected areasThe focus is on safety, economic, health and environmental regulations in particular.

The new Article 54a is also intended to instruct courts not to apply international treaties that violate these principles.

Exceptions and delimitations

The initiative provides for extensive exemptions in order to fulfil important international obligations. These include, among others:

• The European Convention on Human Rights (ECHR)which protects fundamental rights at international level.
• International agreements in the area of civil law that promote legal certainty.

These exceptions ensure that the initiative is not seen as a complete renunciation of international obligations.

Why this initiative?

The sovereignty initiative aims to ensure that obligations under international law do not take precedence over the fundamental rights of citizens. At the same time, Switzerland's political independence should be preserved. This is not only a question of self-determination, but also a signal that national laws and the fundamental rights of citizens have the highest priority.

A balancing act between cooperation and independence

Like many other countries, Switzerland faces the challenge of finding the right balance between international cooperation and national sovereignty. The initiative offers an opportunity to shift this balance more towards independence without jeopardising the benefits of central international agreements.

More info under: www.grundrechte-ja.ch