Facts
On April 10, 2002, the Social Welfare Commission of the City of Schaffhausen granted the complainant (born 1960) a monthly support allowance of CHF 830.-, but made the payment conditional on his participation in the city's day labor program. The Department of the Interior of the Canton of Schaffhausen retroactively set the complainant's entitlement to social assistance at CHF 611.10 per month from February 22, 2002 and made a higher support payment dependent on his attendance of the day labor program. The High Court of the Canton of Schaffhausen dismissed the complainant's appeal against this decision.
On February 12, 2003, the Social Welfare Commission granted the complainant a monthly support allowance of CHF 623.70 from February 1, 2003, again with the condition that he participate in employment and integration measures from March 1, 2003. The Department of the Interior of the Canton of Schaffhausen and the High Court of the Canton of Schaffhausen dismissed the complainant's appeals against this decision.
The complainant filed a constitutional appeal with the Federal Supreme Court, requesting the annulment of the decision of the High Court of the Canton of Schaffhausen dated August 22, 2003.
Considerations
According to the case law of the Federal Supreme Court, Art. 12 BV only guarantees a minimum of subsistence, i.e., the indispensable means for a dignified existence. The entitlement to assistance in emergencies is linked to the principle of subsidiarity, according to which only persons who are unable to provide for themselves are entitled to assistance.
The High Court rightly decided that the condition to participate in employment and integration measures is based on…