Facts

The applicant, of Angolan nationality, was born in 1986 and entered Switzerland in 1995 with her mother. She has been living in the municipality of A. (canton of Zurich) since May 2002 and is under guardianship due to her mental weakness. She receives full support from the federal social assistance for refugees. The applicant applied for naturalization, but the civic section of the municipal council of A. rejected her application on the grounds that she did not meet the requirements of economic independence. The Administrative Court of the Canton of Zurich confirmed this refusal, considering that the requirement of financial autonomy could justify a difference in treatment of persons dependent on social assistance. The applicant then appealed to the Federal Tribunal.

Considerations

The Federal Tribunal considers that the requirement of financial autonomy for naturalization specifically affects persons with disabilities and disadvantages them compared to healthy applicants. Although the municipality's concern about not having to bear significant social costs is legitimate, this justification is not sufficient in view of the particular circumstances of the case. Indeed, the applicant's temporary admission status is in principle temporary, and she could obtain a residence permit in the more or less near future, which would in any case imply that the…