Facts
The three brothers V. had lived in Switzerland as recognized refugees since 1980. In 1987, they were sentenced to conditional custodial sentences and a three-year expulsion from the country. In 1990, they were deported to Czechoslovakia, as their refugee status had expired. In 1991, they illegally re-entered Switzerland and requested social assistance from the municipality of X., which was refused. The Cantonal Government of Bern upheld the municipality's rejection, as the brothers V. could apply for re-naturalization in the Czech Republic and be gainfully employed there.
Considerations
The Federal Supreme Court decided that the appellants could invoke an unwritten constitutional right to subsistence, which also applies to foreigners, regardless of their residence status. This right is justiciable as a minimum entitlement, even though the nature and scope of the benefits are primarily a matter for the competent community.
The Cantonal Government was not allowed to refuse the appellants assistance on the grounds that they were acting in an abusive manner by…