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Art. 108 Construction of housing and home ownership
1The Confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing. 2It shall encourage in particular the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs. 3It may legislate on the development of land for housing construction and on increasing the efficiency of construction. 4In doing so, it shall take particular account of the interests of families, elderly persons, persons on low incomes and persons with disabilities.
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Art. 109 Landlord and tenant
1The Confederation shall legislate against abuses in tenancy matters, and in particular against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases. 2It may legislate to declare framework leases to be generally applicable. Such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and respect the principle of equality before the law.
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Art. 110 Employment *
1The Confederation may legislate on: - a.
- employee protection;
- b.
- relations between employer and employee, and in particular on common regulations on operational and professional matters;
- c.
- recruitment services;
- d.
- the declaration of collective employment agreements to be generally applicable.
2Collective employment agreements may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and they respect the principle of equality before the law and the right to form professional associations. 3August 1 is the National Day of the Swiss Confederation. In terms of employment law, it is regarded as equivalent to a Sunday, with equivalent rights to pay.
1* With transitional provision
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Art. 111 Old-age, survivors' and invalidity pension provision
1The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors' and Invalidity Insurance, the occupational pension scheme and private pension schemes. 2The Confederation shall ensure that the Federal Old-age, Survivors' and Invalidity Insurance and the occupational pension scheme are able to fulfil their purpose at all times. 3It may require the Cantons to exempt institutions of the Federal Old-age, Survivors' and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights. 4In cooperation with the Cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership.
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Art. 112 Old-age, Survivors' and Invalidity Insurance
1The Confederation shall legislate on the Old-age, Survivors and Invalidity Insurance. 2In doing so, it shall adhere to the following principles: - a.
- the insurance is compulsory;
- abis.1
- it provides cash and non-cash benefits;
- b.
- pensions must be sufficient to cover basic living expenses adequately;
- c.
- the maximum pension must not be more than twice the minimum pension;
- d.
- pensions must as a minimum be adjusted in line with price trends.
3The insurance is funded: - a.
- through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;
- b.2
- through subsidies from the Confederation.
4The subsidies from the Confederation may not exceed one half of the disbursements made under the scheme.3. 5The subsidies from the Confederation shall in the first place be funded from the net proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues from gaming houses. 6…4
1 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951). 2 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951). 3 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951). 4 Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).
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Art. 112a Supplementary benefits
1Confederation and Cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the Old-age, Survivors and Invalidity Insurance. 2The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Confederation and Cantons.
1 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).
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Art. 112b Promoting the rehabilitation of people eligible for invalidity benefits*
1The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance. 2The Cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work. 3The law determines the goals of rehabilitation and the principles and criteria.
1 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951). 2* With transitional provision.
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Art. 112c Aid for elderly people and people with disabilities*
1The Cantons shall provide for assistance and care in the home for elderly people and people with disabilities. 2The Confederation shall support national efforts for the benefit of elderly people and people with disabilities. For this purpose, it may use resources from the Old-age, Survivors and Invalidity Insurance.
1 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951). 2* With transitional provision.
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Art. 113 Occupational pension scheme *
1The Confederation shall legislate for an occupational pension scheme. 2In doing so, it shall adhere to the following principles: - a.
- the occupational pension scheme, together with the Old-age, Survivors' and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.
- b.
- the occupational pension scheme is compulsory for employees; the law may provide for exceptions.
- c.
- employers shall insure their employees with a pension institution; if required, the Confederation shall make it possible for employees to be insured with a federal pension institution.
- d.
- self-employed persons may insure themselves on a voluntary basis with a pension institution.
- e.
- for specific groups of self-employed persons, the Confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.
3The occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees. 4Pension schemes must satisfy the minimum requirements under federal law; the Confederation may provide for national measures to resolve particular difficulties.
1* With transitional provision
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Art. 114 Unemployment insurance
1The Confederation shall legislate on unemployment insurance. 2In doing so, it shall adhere to the following principles: - a.
- the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment;
- b.
- the insurance is compulsory for employees; the law may provide for exceptions;
- c.
- self-employed persons may insure themselves voluntarily.
3The insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers. 4Confederation and Cantons shall provide subsidies in extraordinary circumstances. 5The Confederation may enact regulations on social assistance for the unemployed.
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Art. 115 Support for persons in need
Persons in need shall be supported by their Canton of residence. The Confederation regulates exceptions and powers.
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Art. 116 Child allowances and maternity insurance
1In the fulfilment of its duties, the Confederation shall take account of the needs of families. It may support measures for the protection of families. 2It may issue regulations on child allowances and operate a federal family allowances compensation fund. 3It shall establish a maternity insurance scheme. It may also require persons who cannot benefit from that insurance to make contributions. 4The Confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the Cantons.
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Art. 117 Health and accident insurance
1The Confederation shall legislate on health and accident insurance. 2It may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.
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Art. 117a Primary medical care
1The Confederation and the Cantons shall within the scope of their powers ensure the adequate provision of high quality primary medical care that is accessible to all. They shall recognise and promote family medicine as an essential component of primary care. 2The Confederation shall legislate on: - a.
- basic and continuing education and training for family medicine professions and the requirements for practising these professions;
- b.
- appropriate remuneration for family medicine services.
1 Adopted by the popular vote on 18 May 2014, in force since 18 May 2014 (FedD of 19 Sept. 2013, FCD of 18 Aug. 2014; AS 2014 2769; BBl 2010 2939, 2011 7553, 2013 7347, 2014 6349).
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Art. 118 Health protection
1The Confederation shall, within the limits of its powers, take measures for the protection of health. 2It shall legislate on: - a.
- the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health;
- b.
- the combating of communicable, widespread or particularly dangerous human and animal diseases;
- c.
- protection against ionising radiation.
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Art. 118a Complementary medicine
The Confederation and the Cantons shall within the scope of their powers ensure that consideration is given to complementary medicine.
1 Adopted by the popular vote on 17 May 2009, in force since 17 May 2009 (FedD of 3 Oct. 2008, FCD of 21 Oct. 2009; AS 2009 5325; BBl 2005 6001, 2006 7591, 2008 8229, 2009 7539).
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Art. 118b Research on human beings
1The Confederation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. In doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society. 2The Confederation shall adhere to the following principles in relation to biological and medical research involving human beings: - a.
- It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.
- b.
- The risks and stress for the participants must not be disproportionate to the benefits of the research project.
- c.
- A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.
- d.
- An independent assessment of the research project must have determined that the safety of the participants is guaranteed.
1 Adopted by the popular vote on 7 March 2010, in force since 7 March 2010 (FedD of 25 Sept. 2009, FCD of 15 April 2010; AS 2010 1569; BBl2007 6713, 2009 6649, 2010 2625).
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Art. 119 Reproductive medicine and gene technology involving human beings
1Human beings shall be protected against the misuse of reproductive medicine and gene technology. 2The Confederation shall legislate on the use of human reproductive and genetic material. In doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere in particular to the following principles: - a.
- All forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.
- b.
- Non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.
- c.1
- The procedures for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman's body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman's body than are required for medically-assisted reproduction.
- d.
- The donation of embryos and all forms of surrogate motherhood are unlawful.
- e.
- The trade in human reproductive material and in products obtained from embryos is prohibited.
- f.
- The genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides.
- g.
- Every person shall have access to data relating to their ancestry.
1 Adopted by the popular vote on 14 June 2015, in force since 14 June 2015 (FedD of 12 Dec. 2014, FCD of 21 Aug. 2015; AS 2015 2887; BBl 2013 5853, 2014 9675, 2015 6313).
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Art. 119a Transplant medicine
1The Confederation shall legislate in the field of organ, tissue and cell transplants. In doing so, it shall ensure the protection of human dignity, privacy and health. 2It shall in particular lay down criteria for the fair allocation of organs. 3Any donation of human organs, tissue and cells must be free of charge. The trade in human organs is prohibited.
1 Adopted by the popular vote on 7 Feb. 1999, in force since 1 Jan 2000 (FedD of 26 June 1998, FCD of 23 March 1999; AS 1999 1341; BBl 1997 III 653, 1998 3473, 1999 2912 8768).
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Art. 120 Non-human gene technology *
1Human beings and their environment shall be protected against the misuse of gene technology. 2The Confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. In doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species.
1* With transitional provision
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