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(en) Switzerland, Libertarian Socialist Organization OSL-Vaud - Undocumented: illegalisation killer rights (fr) [machine translation]

Date Wed, 07 Nov 2012 08:57:45 +0200


Switzerland experienced a restrictive immigration legislation, which has been produced for decades women and men undocumented. The Aliens Act makes it almost impossible legal residence of people who have no passport or Swiss are not nationals of the European Union. These people are "illegalized" turned into "criminals" as illegal residence is liable to one year imprisonment to the maximum! --But we're talking hundreds of thousands of people from four-fifths of the world, who often live for many years in Switzerland, working there, entire families with their children more often in school. ---- From the point of view of common sense, it is common to say the undocumented have no rights. Yet, in theory, this is wrong! Even the Federal Court pointed out that these people can enjoy all the fundamental rights guaranteed by the Federal Constitution.

Anyone undocumented enjoys civil rights because the law is not a nationality condition. His intimate life, as his private and public life should be protected against any attack that would be worn without right. It may well be, in theory, rent an apartment: when she pays rent, it becomes tenant or subtenant, with all the rights and all the protections related to the conclusion of a lease.

But now, the "illegalization" makes practically impossible the exercise of rights to the tenant. Taking a lease in his name, the undocumented person will be announced well-appointed control people. The illegality of stay will be immediately identified with criminal charges with the key. Even un.e ami.e who would help by signing the lease risk up to a year in prison, as one who "facilitates the illegal stay of a foreigner" is also considered a criminal by the Act foreigners ...

This "illlégalisation" that brings women and men undocumented living in extremely precarious conditions, in fear constantly being denounced, falling into a police control, and then be returned. Yet forced to stay as every human being undocumented people are often subject to arbitrary and sometimes violence, owners or profiteers who exploit blatantly legal fragility resulting from "illegal stay".

The situation of real hardship, extreme dependency, is a shocking breach with respect to rights in principle to all citizens. This gap can and will engulf other challenged these rights in relation to other sectors of the population. What is the guarantee of fundamental rights in a "rule of law" if it is not to defend the weak? The situation of undocumented illustrates the reverse mechanism: precisely because of their weakness, due to the impossibility of regularizing stay - though known to many people, sometimes even authority! - And they do not qualify for the guarantee provided by these rights.

To leave such a denial to allow undocumented migrants to access a right to housing, you must first claim and gain a true "right to be there." This is the only way to ensure equal treatment of all human beings living in our country. This may seem little, but that would be a revolution.

Related Link: http://www.rebellion-osl.ch
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