Exit ban for pensioners in Uri could be contrary to federal law

The measures in the fight against the corona virus are becoming increasingly drastic. Seniors are no longer allowed to shop in the canton of Uri. The federal government is now giving the green light to this drastic step.

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The canton of Uri reacted to the further spread of the corona virus with a drastic measure: Since Thursday 6:00 p.m., there has been an extremely extensive exit restriction for people over 65 years of age: pensioners are no longer allowed to leave their homes for shopping.

The only exceptions are visits to the doctor after consultation by phone and funerals in the closest family. The rule also does not apply to people in systemically important functions in the healthcare system. “However, walks alone or in pairs are allowed for a maximum of two hours per day,” says a canton’s media release.

Uri rushed to the federal government without asking

In this way, Uri wants to better protect particularly vulnerable groups of people. However, it is not clear whether the cantons have the competence for such provisions after the federal government has seized the right of access by declaring the extraordinary situation. The emergency ordinance states that the cantons only kept their responsibilities where the Covid 19 ordinance provides nothing else. However, the behavior of particularly vulnerable people is regulated in the decree.

Article 10b of the regulation states that particularly vulnerable people should stay at home and avoid crowds of people. The canton of Uri, however, converts this recommendation into a ban. The Zurich State Law Professor Felix Uhlmann therefore explains to the NZZ on request that he considers such a ban to be critical.

The cantonal management staff in Uri are authorized to do so if there is a hurry, said its spokesman, Adrian Zurfluh, at the request of the NZZ. The executive staff has the backing of the government council. However, the move was not discussed with the federal government. Now the federal government is actually giving the green light: the ordinance would instruct particularly vulnerable people to stay at home, the Federal Office of Justice wrote at the request of the NZZ: “Against the background of this federal regulation, it cannot be ruled out that the cantons will curfew adopted from the age of 65. »

Federal Council decides on Friday

Another question is whether such a far-reaching restriction on freedom of movement is sensible and proportionate at the present time. At its Friday session, the Federal Council will speak again about measures to combat the corona virus. A curfew should also be an issue.