Facts
S., born in 1985, filed an asylum application on May 4, 2004. By decision of January 13, 2005, the Federal Office for Migration (ODM) refused to consider his application and ordered his deportation from Switzerland. From February 2005 onwards, S. received emergency assistance in the form of accommodation in a civil defense shelter and meals in kind. He stayed in various reception centers for asylum seekers.
S. appealed the decision of the Vaud Population Service (SPOP) of December 14, 2006 to the Administrative Court of the Canton of Vaud, requesting its annulment. The Cantonal Court partially upheld the appeal, finding that the accommodation should include private space for the recipient of emergency assistance. S. filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court recalls that persons subject to a non-entry decision on their asylum application and an enforceable deportation decision can only claim the emergency assistance guaranteed by Art. 12 of the Federal Constitution, and not ordinary social assistance. Emergency assistance must cover basic needs to ensure decent survival, such as housing, food, clothing, and basic medical care.
The fact that emergency assistance is provided exclusively in the form of benefits in kind, without the payment of pocket money, is not contrary to the requirements of Art. 12 of the Constitution. However, the Federal Supreme Court notes that, in certain cases, the granting of a minimum of pocket money could be justified, particularly when the emergency assistance is prolonged, in…