Disability Discrimination Act (DDA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 7 Legal rights relating to buildings, facilities or vehicles
1 Any person suffering discrimination as defined in Article 2 paragraph 3 may when a building or structure as defined in Article 3 letters a, c and d is constructed or renovated: a. during the building authorisation procedure, request the competent authority that the discrimination cease; b. by way of exception, claim in civil proceedings a legal right to the elimination of discrimination on conclusion of the building authorisation procedure, where the failure to take the measures required by law was not recognisable during the building authorisation procedure. 2 Any person who suffers discrimination as defined in Article 2 paragraph 3 in relation to a public transport facility or vehicle as defined in Article 3 letter b may request the competent authority to order the licensed undertaking to eliminate or cease the discrimination.
Para. 2 — Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).
Art. 8 Legal rights in the case of services
1 Any person who suffers discrimination as defined in Article 2 paragraph 4 by a licensed undertaking or a state authority may request a court or an administrative authority to order the provider of the service to eliminate or cease the discrimination. 2 Any person suffers discrimination as defined in Article 2 paragraph 5 by a state authority may request a court or an administrative authority to order the state authority to eliminate or cease the discrimination. 3 Any person who suffers discrimination as defined in Article 6 may claim compensation in a court.
Para. 1 — Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).
Art. 9 Right of organisations for persons with disabilities to appeal and take legal action
1 Organisations for persons with disabilities operating throughout Switzerland that have been established for at least ten years may take legal action in cases of discrimination that affect a substantial number of persons with disabilities. 2 The Federal Council shall designate the organisations entitled to appeal. 3 These organisations have a right of appeal: a. in civil proceedings to declare that there is discrimination as defined in Article 6; b. in proceedings to grant authorisation for the construction or the renovation of buildings and structures in order to enforce the legal rights defined in Article 7; c. in proceedings by the federal authorities for planning approval and for the registration or testing of vehicles under: 1. Article 13 paragraph 1 of the Road Traffic Act of 19 December 1958, 2. Article 18 and 18w of the Railways Act of 20 December 1957, 3. Article 11 and 13 of the Federal Act of 29 March 1950 on Trolleybus Companies, 4. Articles 8 14 and 15b paragraph 2 of the
Para. 3 let. c let. 1 — SR 741.01 Para. 3 let. c let. 2 — SR 742.101 Para. 3 let. c let. 3 — SR 744.21 Para. 3 let. c let. 4 — Amended by No II 1 of the FA of 17 March 2017, in force since 1 Jan. 2020 (AS 2019 1749; BBl 2016 6435). Para. 3 let. c let. 4 — SR 747.201 Para. 3 let. c let. 5 — SR 748.0 Para. 3 let. c let. 6 — Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911). Para. 3 let. c let. 6
Art. 10 Costs of the proceedings
1 Proceedings under Articles 7 and 8 are free of charge. 2 A party that acts in bad faith or that fails to take the proceedings seriously may be required to pay procedural costs. 3 In proceedings before the Federal Supreme Court, the court costs are governed by the Federal Supreme Court Act of 17 June 2005.
Para. 3 — SR 173.110 Para. 3 — Amended by Annex No 5 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).