05.05.2025 – 08:18
Bern University of Applied Sciences (BFH)
Law and reality in social assistance
Cantonal laws pose in different nature obstacles to access to social assistance benefits
The disparities between cantonal social assistance laws are unexpected. A joint research team from the Bernese Haute School BFH and the Haute École de Lucerne Hslu led a systematic analysis of the 26 cantonal laws in this area. Objective: to determine to what extent the laws in force include standards which promote or hamper the use of social assistance.
All cantons grant social assistance services, but their obtaining is encouraged or hampered in extremely variable proportions by the various cantonal legislation on social assistance: this is the conclusion of a joint study of the BFH and the HSLU. “This federalist diversity has no meaning in the context of subsistence services,” said Doctor of Law Pascal Coullery, Professor HES and co -responsible for the project at the BFH. The various cantonal laws influence the use of social assistance insofar as they facilitate its obtaining or complicate it. Melanie Studer, doctor of law and co -responsible for the project at the HSLU: “When people confronted with a difficult financial situation do not appeal to social assistance, poverty can be rooted. Which, in turn, has repercussions on economic costs, which increase. »»
Multi -year FNS study
To what extent do the legal provisions of the 26 Swiss cantons promote the exercise of the right to social assistance by persons facing a difficult financial situation? This is precisely the subject of the research project “Law and reality in social assistance” funded by the Swiss National Fund. Relying on ten indicators, the research team has notably examined how the right to financial social assistance and the bonds linked to it are arranged or how social assistance is settled. In its recently published article, the research team highlights the disparities between cantonal laws in the context of an analysis of standards (cf. interactive graph).
Large cantonal disparities
The indicators define to what extent the laws diverge on the organizational and structural level, but also on an individual level. Only Appenzell Rhodes-Exterior, Bern, Geneva, Glaris and the Jura obtain more than half of the possible points on these two scales.
The differences are particularly marked in terms of organization and structure, which can be explained by the lack of federal directives in this area. With regard to individual rights and obligations, cantonal disparities are less, but values are generally at a low level. This is also explained by the fact that many cantons deviate from the directives of the Swiss Conference of CSIAS Social Action Institutions. These notable discrepancies questioned and raise a particular question, namely to what extent this situation is problematic from the point of view of constitutional law.
The project is not yet completed. In some cantons, surveys are conducted to determine the subjective reasons for non-recourse to social assistance. They will lead to the formulation of recommendations.
Contact people:
Additional information:
Haute école spécialisée bernoise Travail social Communication Hallerstrasse 10 3012 Bern
Tel. +41 31 848 46 19 [email protected]
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