On 30 June 2022, the Constitutional Court held that it was unconstitutional not to allow unvaccinated or unrecovered people from going to the hairdresser during their ‘second lockdown’, in application of the so-called ‘2G rule’.

Between 15 November 2021 and 30 January 2022 (eleven weeks), people who had neither been vaccinated against nor recovered from COVID-19 were only allowed to leave their homes on an exceptional basis, to meet the necessary basic needs of daily life, e.g., to go to pharmacies or supermarkets.

However, the Court found that the 6th COVID-19 Protective Measures Ordinance on this ‘second lockdown’ for the unvaccinated and unrecovered did not sufficiently adapted the conditions for ‘necessary basic needs of daily life’. In the light of the total duration of this measure, a visit to the hairdresser, for example, also counts as a basic need of daily life; however, this was not considered in the Ordinance. The Constitutional Court thus upheld the applicant's claims. 

The Court had ruled in April 2022 that the ‘2G rule’ was not unconstitutional – but the challenge was based on different arguments.

Reference: judgment V 3/2022-19.

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