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Beyond the duty of the States to act in favour of health promotion, the right to health also contains freedoms for individuals that States must protect.They notably include the principle of informed consent for all medical treatments as well as the right to privacy and confidentiality concerning health-related information.

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Discrimination on the basis of origin, race, sex, age, language, social situation, way of life, religious, philosophical or political believes and psychological or mental deficiencies are prohibited through article 8 of the Constitution.

While this right was further recognized in other international and regional human rights treaties [], its enshrinement in article 12 of the 1966 International Covenant on Economic, Social and Cultural Rights, which was ratified by Switzerland on the 18th of June 1992, gave rise to a large legal doctrine [] nor a mere right to health care.

It rather consists of a twofold obligation for States.

They can go as far as to include all individuals who have resided in a foreign country for more than 1 year irrespective of the causes [], or on the contrary be restricted to individuals who freely take the decision to move to another country for reason of “personal convenience” and without intervention of an external compelling factor [].

In the absence of dedicated international standards, migrants’ protection is mostly grounded in the general rules of human rights enshrined in international treaties and applicable to all human beings.

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