BELLI AND ARQUIER-MARTINEZ v. SWITZERLAND - 65550/13 (Judgment : Remainder inadmissible : Third Section) French Text [2018] ECHR 1012 (11 December 2018)

BELLI AND ARQUIER-MARTINEZ v. SWITZERLAND - 65550/13 (Judgment : Remainder inadmissible : Third Section) French Text [2018] ECHR 1012 (11 December 2018)

The Court held that the requirement of residence in Switzerland for non-contributory social security benefits falls within the scope of Article 8 (private and family life) in conjunction with Article 14 (non-discrimination). However, the difference in treatment between those who contributed to the system and those...

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Citation
[2018] ECHR 1012
Parties
Applicant: Annick Marcelle Belli; Applicant: Christiane Arquier-Martinez; Respondent: Confédération suisse
Jurisdiction
European Union
Judgment Date
11 December 2018
Procedural Posture
ECHR Application / Judgment (third Section)
Outcome
Remainder of the application declared inadmissible; no violation found.
Legal Topics
Non Exportability of Social Security Benefits, Discrimination Based on Disability, Right to Respect for Private and Family Life, Equality and Non Discrimination
Human Rights Law Social Security Law Disability Law Non Exportability of Social Security Benefits Discrimination Based on Disability Right to Respect for Private and Family Life Equality and Non Discrimination

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Parties

Annick Marcelle Belli

Applicant

Christiane Arquier-Martinez

Applicant

Confédération suisse

Respondent

Procedural Posture

ECHR Application / Judgment (third Section)

  1. 1 Whether the requirement of residence in Switzerland for non-contributory social security benefits constitutes discrimination under Article 14 in conjunction with Article 8 of the Convention
  2. 2 Whether the refusal to export extraordinary invalidity pension and allowance for helplessness to applicants residing abroad violates their right to respect for private and family life

Ratio Decidendi

The Court held that the requirement of residence in Switzerland for non-contributory social security benefits falls within the scope of Article 8 (private and family life) in conjunction with Article 14 (non-discrimination). However, the difference in treatment between those who contributed to the system and those who did not is objectively and reasonably justified by the need to protect the financial equilibrium of the Swiss social security system and the legitimate aim of limiting public expenditure to residents. The measure is proportionate and does not amount to discrimination under the Convention.

Court Disposition

Remainder of the application declared inadmissible; no violation found.