Perceptions of Proportionality

The principle of proportionality is enshrined in Swiss law to ensure that the fundamental human rights guaranteed by the constitution cannot be abusively restricted in cases in which the overriding public interest outweighs individual interests. Government bodies, the Federal Council, and Parliament applied this law to harness proportionate measures during the COVID-19 crisis. The study presented in this chapter highlights how Swiss residents perceive the proportionality of these measures. Comments were solicited between December 2021 and January 2022 via the PubliCo platform. Qualitative analysis shows that the responding population does not perceive proportionality in a homogeneous way in terms of what is proportionate, who should decide whether measures are proportionate, and how such decisions should be made. In order to be acceptable to different population groups, decisions about containment measures need to be informed by an ethical reflection in addition to the law. The three intertwined moral notions of relational autonomy, social justice, and trust appear important to respondents: They are dependent on a shared and communicated reality of the public health problem as a major interest among the population. Based on the different publics who bear the burden of the measures, ethical reflections offer a means of refining the decisions and applications of the necessary proportionality when it comes to restricting fundamental rights.