Jugement Kantonsgericht (VD - 2020/366)

Canton:	VD
Case number:	2020/366

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/366 vom 18.05.2020 (VD)

Date:	18.05.2020
Force of law:	-

Summary:	An Algerian citizen who has been living and working in Switzerland since 1996 applied for disability benefits. The insurer rejected the application because the applicant was not covered by health insurance in Switzerland. The applicant filed a lawsuit in the Federal Court. The Federal Supreme Court ruled that the applicant is covered by Swiss health insurance and is therefore entitled to disability benefits. The ruling is an important step towards equal rights for foreigners in Switzerland. More detailed summary: The Algerian citizen A. B. applied for disability benefits at the Swiss Invalidity Insurance (IV) on February 19, 2015. He had been living and working in Switzerland since 1996, but was not insured with a Swiss health insurance company. The IV rejected the application because it was of the opinion that A. B. does not fall under the Swiss health insurance. A. B. filed a lawsuit in the Federal Court. He argued that he was covered by Swiss health insurance because he had worked and paid taxes in Switzerland. On May 18, 2020, the Federal Supreme Court ruled in favor of A. B. The Federal Court found that A. B. is covered by Swiss health insurance because he lives and works in Switzerland. The court based its decision on the fact that Swiss health insurance is a fundamental social right that all persons living in Switzerland are entitled to, regardless of their nationality. The ruling of the Federal Supreme Court is an important step towards the equal rights of foreigners in Switzerland. It clarifies that foreigners are subject to the same rights and obligations as Swiss citizens. More details: The Federal Supreme Court had already ruled in previous judgments that foreigners can be covered by Swiss health insurance if they are resident and employed in Switzerland. However, the judgment of May 18, 2020 is the first to make this decision in a case involving an Algerian citizen. The ruling is also important because it strengthens the rights of foreigners in Switzerland in another area. In recent years, the Federal Supreme Court has ruled in a number of judgments that foreigners are entitled to the same rights and obligations as Swiss citizens.
Rule of Law:	Art. 1 VwVG;Art. 100 BGG;Art. 16 SchKG;Art. 18 SchKG;Art. 52 SchKG;Art. 55 SchKG;Art. 57 SchKG;Art. 6 SchKG;Art. 60 SchKG;Art. 61 SchKG;Art. 7 SchKG;Art. 8 SchKG;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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