Facts
The national prevention campaign against HIV and other sexually transmitted diseases has been running since 1987 with annually changing motifs and campaigns, initially under the logo "STOP AIDS", later under "LOVE LIFE - STOP AIDS" and since 2005 under "LOVE LIFE". In May 2014, the Federal Office of Public Health (FOPH) launched the "LOVE LIFE - regret nothing" campaign, which aims to protect the general public from HIV and other sexually transmitted diseases and is intended to encourage responsible sexual behavior.
35 children and young people demanded that the FOPH discontinue the campaign and issue a contestable order. The FOPH did not enter into the applications, as there was no interest worthy of protection. The Federal Administrative Court dismissed the complaint against this.
Before the Federal Court, the complainants requested that the judgment be overturned and the matter be remanded to the FOPH for a substantive decision.
Considerations
The Federal Court decided that the "LOVE LIFE" campaign is an official warning and recommendation and thus a factual act with a generally abstract structure. Legal protection against such factual acts is generally possible if there is an interest worthy of protection and an infringement of rights and obligations.
The complainants argued that children and young people have a claim to special protection under Art. 11 para. 1 of the Federal Constitution. The Federal Court stated that the scope of protection of Art. 11 para. 1 of the Federal Constitution depends on social change and that criminal law sets limits…