Facts
In July 2009, the parents of the mentally disabled Serbian national X., born on March 2, 1993, filed an application for the ordinary granting of Swiss citizenship for her. The Political Municipality of Amriswil rejected the application, as X. did not have her own will to acquire Swiss citizenship and no clear advantages of naturalization were apparent. X., represented by her sister and guardian Y., then filed an appeal with the Department of Justice and Security of the Canton of Thurgau, which upheld the appeal and remanded the matter for re-evaluation by the Municipal Assembly. The Political Municipality of Amriswil filed a complaint against this decision with the Administrative Court of the Canton of Thurgau, which dismissed the complaint. Thereupon, the Political Municipality of Amriswil filed a subsidiary constitutional appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses the appeal. It holds that the refusal of naturalization due to the mental disability of the appellant violates the prohibition of discrimination under Art. 8 para. 2 of the Federal Constitution. Although the appellant herself does not have her own will for naturalization due to her disability, this is not sufficient justification for the denial of citizenship, as it can be assumed that she would have wanted to be naturalized like her siblings. Furthermore, material advantages do not have to be associated with naturalization, as advantages of an idealistic nature can also justify naturalization.
The Federal Supreme Court further holds that the practice of the appellant to exclude…