Swiss upper house tightens proposed epidemic law

Switzerland’s Council of States has tightened the proposed revision of the Epidemics Act, limiting when authorities can impose measures and introducing stricter conditions for vaccination mandates, SRF reported on Tuesday.

The chamber decided that measures may be ordered only when the risk of a specific pathogen spreading has increased significantly. It also approved a provision stating that no population group may be discriminated against by such measures.

On vaccination, the Council of States specified that a mandate for groups such as healthcare workers or particularly exposed people may be imposed only if there is a “special threat” to public health. Health Minister Elisabeth Baume-Schneider did not oppose the change and stressed that mandatory vaccination should always be a last resort.

The chamber also explicitly ruled out enforcing vaccination through physical force. Against the Federal Council’s wishes, it decided that people must not be punished for violating a vaccination mandate.

Social Democratic parliamentarian Flavia Wasserfallen criticised the decision, saying that some cantons already provide for fines in their health laws when people violate a vaccination mandate imposed by the canton. Those seven cantons would have to remove the fines from their laws, she said. The mandate would effectively become a strong recommendation without legal consequences.

The Council of States also decided that cantons must permanently maintain sufficient hospital beds and staff reserves to handle peak demand during an epidemic. The Federal Council had not included this requirement in its proposal.

The cantons have previously rejected the requirement as too expensive. Baptiste Hurni, a Social Democratic member of the Council of States from Neuchâtel and spokesman for the health committee, said the measure would have a cost, but compared it with the resources provided to fire services and the army so they can prepare for potential risks.

FDP parliamentarian Damian Müller said staff, equipment and capacity could be mobilised quickly in an emergency only if the necessary conditions were created in advance.

The amendments passed with only one opposing vote but are not yet final. The bill will now go to the National Council.