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Art. 2 Federal Act of 13 December 2002 on the Elimination of Discrimination against People with Disabilities (DDA) - Definitions

DDA
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In this Act, a person with a disability is a person who, due to a physical, mental or psychological impairment which is likely to be permanent, finds it difficult or is unable to carry out everyday tasks, cultivate social contacts, move around, obtain an education or training, or work. {note: Amended by Annex No 3 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 ( AS 2016 689; BBl 2013 3729).} Discrimination occurs when persons with disabilities are treated in legal or practical terms differently from persons without disabilities and thus without material justification are disadvantaged when compared to persons without disabilities, or when they are not treated differently but different treatment is necessary to ensure that persons with disabilities have the same rights as persons without disabilities. Discrimination relating to access to a building, a structure, a dwelling or a public transport facility or vehicle occurs when access for persons with disabilities is not possible for structural reasons or is only possible with difficulty. Discrimination in obtaining a service occurs when it is impossible or only possible with difficulty for persons with disabilities to obtain a service. Discrimination in access to general and advanced education and training occurs in particular when: a. it is difficult for persons with disabilities to use aids or obtain the necessary assistance from other persons; b. the duration and organisation of the course and examinations are not adapted to the specific needs of persons with disabilities.

Art. 2 DDA · Definitions

In this Act, a person with a disability is a person who, due to a physical, mental or psychological impairment which is likely to be permanent, finds it difficult or is unable to carry out everyday tasks, cultivate social contacts, move around, obtain an education or training, or work.

Discrimination occurs when persons with disabilities are treated in legal or practical terms differently from persons without disabilities and thus without material justification are disadvantaged when compared to persons without disabilities, or when they are not treated differently but different treatment is necessary to ensure that persons with disabilities have the same rights as persons without disabilities.

Discrimination relating to access to a building, a structure, a dwelling or a public transport facility or vehicle occurs when access for persons with disabilities is not possible for structural reasons or is only possible with difficulty.

Discrimination in obtaining a service occurs when it is impossible or only possible with difficulty for persons with disabilities to obtain a service.

Discrimination in access to general and advanced education and training occurs in particular when: a. it is difficult for persons with disabilities to use aids or obtain the necessary assistance from other persons; b. the duration and organisation of the course and examinations are not adapted to the specific needs of persons with disabilities.

← Art. 1 DDA Federal Act of 13 December 2002 on the Elimination of Discrimination against People with Disabilities (DDA) - Purpose Art. 3 DDA →

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Court Decisions Applying This Provision (72)

BGE 151 I 73 (Art. 2 Abs. 5 lit. a BehiG)
Disability discrimination claim for a personal assistant to perform administrative study tasks under the Disability Discrimination Act fails on proportionality as it would lower academic standards.
Central substantive provision interpreted to assess the claim for a personal assistant in education, ultimately denying the request as disproportionate.
51/2020/72 · sh (Art. 2 Abs. 4 BehiG)
Shop Operator's Refusal of Entry to Unmasked Person Upheld on Coercion and Discrimination Claims
The court analyzed the appellant's claim of discrimination under this provision regarding the consequences of the mask mandate.
ZK 2013 551 · be (Art. 2 Abs. 4 BehiG)
Deaf Litigant Exemption from Prepayment of Sign Language Interpreter Costs
Cited in the reasoning section to support the conclusion that the appellant should not bear additional costs for the sign language interpreter due to hindering access to the court.
BRGE.I.Nr.0054.2013 · zh (Art. 2 Abs. 3 BehiG)
Accessible Internal Access Not Required for Futile Design
Cited to define disadvantage concerning access to buildings and facilities for disabled persons.
B.2025.80 · sg (Art. 2 Abs. 1 und Abs. 5 BehiG)
Child Placement Appeal: Support Class vs. Regular Classroom and Procedural Costs
Cited in the context of determining that the dispute concerns claims under the BehiG, leading to the waiving of costs in the appeal proceedings and the reimbursement of costs in the recourse proceedings.
WKL.2025.13 · ag (Art. 2 Abs. 5 BehiG)
Parents' Private School Funding Claim Dismissed Over Unproven Special Needs
Used to declare the proceedings free of charge due to claims for the removal of disadvantages in education.
B-3253/2024 (Art. 2 al. 5 LHand)
Property Manager Exam Appeal Rejected Over Procedural Claims
Defines inequalities in training for persons with disabilities, relevant to the applicant's claim about accommodations.
B-4548/2024 (art. 2 al. 2 LHand)
Swiss Maturity Exam: No Spell Check for Dyslexia
An inequality exists when persons with disabilities are subjected to a difference in treatment, in law or in fact, that disadvantages them without objective justification, or when a necessary difference in treatment to re-establish factual equality between persons with and without disabilities is lacking.
B-4548/2024 (art. 2 al. 5 LHand)
Swiss Maturity Exam: No Spell Check for Dyslexia
In the context of education, inequality exists when specific auxiliary means or personal assistance necessary for persons with disabilities are not granted, or when the duration and organization of training and examinations are not adapted to their specific needs.
3.RV.2024.8 · ag (Art. 2 Abs. 2 und 4 BehiG)
Late Appeal Dismissed Due to Untimely Filing and Insufficient Proof of Impediment
Cited to determine whether the application of tax law provisions constituted discrimination against the appellant due to her disability.
B.2024.130 · sg (Art. 10 Abs. 1 in Verbindung mit Art. 8 Abs. 2, Art. 2 Abs. 1 und Abs. 5 BehiG)
Dyslexia Accommodation in Vocational Exams Over Time Extension Denial
Used to rule that the administrative and cantonal appeal procedures are free of charge due to the application of the Disability Equality Act (BehiG).
B.2024.130 · sg (Art. 8 Abs. 2, Art. 2 Abs. 1 und Abs. 5 BehiG)
Dyslexia Accommodation in Vocational Exams Over Time Extension Denial
Cited in conjunction with Art. 10 Abs. 1 BehiG to establish that the procedures are free of charge.
3.RV.2023.141 · ag (Art. 2 Abs. 1 BehiG)
Taxpayer Wins Appeal on Disability Cost Deductions
Cited to define who is considered a person with a disability.
VB.2023.00388 · zh (Art. 2 BehiG)
Parents Denied Reimbursement for Private Schooling Due to Unproven Special Needs
Used to determine if the son's dyslexia constitutes a disability for the purpose of special educational needs.
B.2023.178 · sg (Art. 2 Abs. 1 BehiG)
Child with Down Syndrome Placement in Special Education Upheld
Cited in the reasoning regarding the cost exemption for the appeal proceedings based on federal law concerning disability equality.