“The myth that obesity and the work incapacity it causes can be overcome through individual willpower alone cannot be maintained.” The Federal Court made public a landmark judgment on Thursday. The evolution of the law and medical knowledge are forcing it to review its case law concerning the access of obese people to an AI pension. Previously, obesity did not in principle give right to a pension because it was considered, in short, that treatments could make it possible to overcome it. This vision was analogous to that which existed for addictions.
“We see no reason to maintain the case law handed down so far in the area of obesity,” said the Federal Court. He judged the case of a Basel woman suffering from massive obesity, with a body mass index of 58 which led to de facto immobility and severe pain. However, the AI refused him a full pension, relying on previous judgments which considered that obesity was not in itself a disabling disease.
For the Federal Court, the arguments are outdated. The previous rules were based on analogy with those on addictions, but these have since changed in 2019. As a result, new rules had to be determined for obesity as well. “It is appropriate to ask ourselves for each particular case to what extent the illness restricts the capacity to work,” explains the Court.
Even if the latter makes a decision which will facilitate access to AI for obese people, he wishes to point out that this does not change the fact that, as with other conditions, it will be necessary to commit to following treatments. , “such as dietary, medicinal or behavioral therapies or even a physical activity program”, which condition the payment of the pension. This is still in the law: “the insured must undertake everything that can reasonably be required of him to reduce the duration and extent of the incapacity for work”.
Also on Thursday, the Federal Statistical Office published new figures which indicate that, in 2022, 43% of Swiss people were either overweight or obese. Obesity has more than doubled in 30 years, the share of the population concerned having increased from 5% to 12% since 1992. Men (13%) are slightly more affected than women (11%). On the other hand, men are much more concerned by being overweight, since 39% of men were affected, compared to 23% of women. Statistics also show that obese people are more often affected by diseases such as hypertension or diabetes.
