Disability Rights and Swiss Citizenship: The Dimensions of Inclusive and Exclusive Integration Criteria

International treaties guarantee ‘fundamental rights’ for disabled people that ensure them a dignified life. However, access to citizenship is subject to specific criteria, which can be difficult to fulfill for people with disabilities. Consequently, there exists an intersecting policy tension between the exemptions of disabled people from citizenship criteria and migration control; both of which are “neighbouring legal fields” to disability law. This study of the Swiss case compiles and examines Swiss law that pertains to foreign migrants with disabilities and focuses on the following questions: (i) How has the legal framework that regulates access to Swiss citizenship for immigrants with a disability evolved over time? (ii) Has said legal framework become inclusive over time? The main findings are the following: (i) immigration and citizenship policies continue to value an individual’s capacity to contribute to society and (ii) the examined case law has developed to being indirectly ableist.

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Publication Details

Journal
sozialpolitik ch
Published
2024-12-20
DOI
https://doi.org/10.18753/2297-8224-4812
Citations
1
Primary Topic
Migration, Refugees, and Integration
Type
article
Field-Weighted Citation Impact
1.13

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article

Disability Rights and Swiss Citizenship: The Dimensions of Inclusive and Exclusive Integration Criteria

Leslie Ader
1 citations
sozialpolitik ch
Migration, Refugees, and Integration
1.13
article

Disability Rights and Swiss Citizenship: The Dimensions of Inclusive and Exclusive Integration Criteria

Leslie Ader
article en
1 citations

Abstract

International treaties guarantee ‘fundamental rights’ for disabled people that ensure them a dignified life. However, access to citizenship is subject to specific criteria, which can be difficult to fulfill for people with disabilities. Consequently, there exists an intersecting policy tension between the exemptions of disabled people from citizenship criteria and migration control; both of which are “neighbouring legal fields” to disability law. This study of the Swiss case compiles and examines Swiss law that pertains to foreign migrants with disabilities and focuses on the following questions: (i) How has the legal framework that regulates access to Swiss citizenship for immigrants with a disability evolved over time? (ii) Has said legal framework become inclusive over time? The main findings are the following: (i) immigration and citizenship policies continue to value an individual’s capacity to contribute to society and (ii) the examined case law has developed to being indirectly ableist.

sozialpolitik ch(2/2024)
University of Neuchâtel (CH)
National Science Foundation, Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung
Reduced inequalities
Openalex Percentile: Top 14%
Migration, Refugees, and Integration
1.13
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