Key Benefits:
October 14, 2012 (Status on March 20, 2014) 1
Preamble
The people of Geneva,
Recognising its humanistic, spiritual, cultural and scientific heritage, as well as its membership in the Swiss Confederation,
Convinced of the richness of successive contributions and the diversity of its members,
Resolved to renew its social contract in order to preserve justice and peace, and to ensure the well-being of present and future generations,
Attached to the opening of Geneva to the world, its humanitarian vocation and the principles of the Universal Declaration of Human Rights,
Determined to strengthen a republic based on majority decisions and respect for minorities,
Respecting federal and international law,
Adopts this Constitution:
1 The Republic of Geneva is a democratic rule of law based on freedom, justice, responsibility and solidarity.
2 It is one of the sovereign cantons of the Swiss Confederation and exercises all the powers which are not conferred on it by the Federal Constitution.
1 Sovereignty resides in the people, who exercise it directly or by election. All political powers and public functions are merely a delegation of its supreme authority.
2 The structures and authority of the State are based on the principle of the separation of powers.
3 The authorities work together to achieve the goals of the state.
1 The state is secular. It observes religious neutrality.
2 He or she does not pay or subsidize any cultural activity.
3 The authorities have relations with religious communities.
The canton includes the territory guaranteed to it by the Confederation. It is made up of municipalities.
1 The official language is French.
2 The state promotes the learning and use of the French language. He is defending it.
The law regulates the acquisition and loss of the nationality of Geneva.
| 1 The coat of arms of the Republic and the Canton of Geneva represent the meeting of the black eagle with a crowned head on a yellow background and the gold key on a red background. The crest represents a sun appearing on the upper edge and bearing the IHS trigram in Greek letters. 2 The motto is "Post tenebras luxuries". |
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The Republic and Canton of Geneva guarantees fundamental rights and is committed to the common prosperity, social cohesion and peace, security and preservation of natural resources.
1 The State acts at the service of the community, in addition to private initiative and individual responsibility.
2 Public activity is based on law and is in the public interest. It is proportionate to the intended purpose.
3 It shall be exercised in a transparent manner, in accordance with the rules of good faith, in accordance with federal law and international law.
4 It must be relevant, effective and efficient.
Public activity is part of a balanced and sustainable development.
1 The State informs widely, consults regularly and sets up consensus frameworks.
2 The rules of law are published. The relevant directives are published, unless there is overriding public interest.
1 The State shall respond to damages caused without the right of its agents in the performance of their duties.
2 The law sets out the conditions under which the State responds to damages caused by lawful agents in the performance of their duties.
1 All persons are equal in law.
2 No person shall be discriminated against on the basis of his or her origin, social situation, sexual orientation, belief or disability.
3 Women and men are equal in law. The law provides for equality of law and fact in particular in the fields of family, training and work.
4 Women and men are entitled to equal pay for work of equal value.
1 The access of persons with disabilities to buildings, facilities and equipment, as well as benefits to the public, is guaranteed.
2 In their relations with the State, persons with disabilities have the right to obtain information and to communicate in a form adapted to their needs and capacities.
3 Sign language is recognized.
Everyone has the right to be treated without arbitrariness and in accordance with the rules of good faith.
1 Everyone has the right to the preservation of his or her life and physical and mental integrity.
2 Torture and other cruel, inhuman or degrading treatment or punishment are prohibited.
3 No one shall be returned to the territory of a State in which he or she is at risk of torture or other cruel and inhuman treatment or punishment or any other serious breach of his or her integrity.
Everyone has the right to live in a healthy environment.
Everyone has the right to personal freedom, security and freedom of movement.
1 Everyone has the right to respect for his private and family life, his home, correspondence and communications.
2 Everyone has the right to be protected against the misuse of the data concerning him.
Everyone has the right to marry, to enter into a registered partnership, to establish a family or to choose another form of life, either alone or in common.
1 The fundamental rights of the child must be respected.
2 The best interests of the child and his or her right to be heard shall be guaranteed for decisions or procedures relating to it.
3 The child is protected against any form of abuse, exploitation, illegal movement or prostitution.
4 The right to a birth or adoption allowance and a monthly allowance for each child is guaranteed.
1 The right to education, training and continuing education is guaranteed.
2 Everyone has the right to free initial public education.
3 Any person without the financial resources necessary for a recognised formation has the right to state support.
1 Freedom of conscience and belief is guaranteed.
2 Everyone has the right to forge his or her religious or philosophical beliefs and to profess them individually or in the community.
3 Everyone has the right to join and leave a religious community.
4 No one may be required to contribute to the expenses of a cult.
1 Everyone has the right to form, express and disseminate his or her opinion freely.
2 Everyone has the right to receive information freely, to obtain them from generally accessible sources and to disseminate them.
3 Any person who, in good faith and in the interest of safeguarding the general interest, reveals to the competent body the unlawful conduct identified in a lawful manner benefits from adequate protection.
1 The right to information is guaranteed.
2 Everyone has the right to know the information and to access the official documents, unless there is a preponderant interest.
3 Access to public service media is guaranteed.
4 Everyone has the right to sufficient and pluralistic information enabling him to participate fully in political, economic, social and cultural life.
The freedom of art and artistic creation is guaranteed.
The freedom of scientific education and research is guaranteed.
Freedom of association is guaranteed.
1 Freedom of assembly and demonstration is guaranteed.
2 The law may subject to authorisation meetings and demonstrations in the public domain.
1 Everyone has the right, without incurring prejudice, to petition the authorities and to collect signatures to that effect.
2 The authorities examine petitions addressed to them. They will respond as soon as possible.
1 The property is guaranteed.
2 Full compensation is payable in the event of expropriation or restriction of property that is tantrable to an expropriation.
1 Economic freedom is guaranteed.
2 It includes free choice of occupation and employment, free access to private economic activity and free exercise.
1 Freedom of association is guaranteed.
2 No person shall be adversely affected by his or her membership or union activity.
3 Trade union information is available at the workplace.
4 Conflicts are resolved as a matter of priority through negotiation or mediation.
1 The right to strike and the right to collective lay-off are guaranteed if they relate to labour relations and are in conformity with the obligations to preserve the peace of work or to resort to conciliation.
2 The law may prohibit the use of strikes by certain categories of persons or restrict their employment in order to ensure a minimum service.
The right to housing is guaranteed. Everyone in need is entitled to be accommodated in an appropriate manner.
1 Everyone has the right to cover their vital needs in order to promote their social and professional integration.
2 Everyone has the right to care and personal assistance as a result of his or her health, age or disability.
1 Everyone has the right to have their case treated fairly, within a reasonable time.
2 The right to be heard is guaranteed.
3 Any person who does not have sufficient resources has the right to free legal assistance provided that his cause does not appear to be without any chance of success.
1 Fundamental rights must be respected, protected and enforced throughout the legal system.
2 Whoever assumes a public duty is obliged to respect, protect and realize fundamental rights.
3 To the extent appropriate, fundamental rights apply to relationships between individuals.
4 The State shall dispense education with respect for human dignity and fundamental rights.
The realization of fundamental rights is the subject of an independent periodic evaluation.
1 Any restriction of a fundamental right must be based on a legal basis. Serious restrictions must be provided for by law. Serious, direct and imminent danger cases are reserved.
2 Any restriction of a fundamental right must be justified by a public interest or by the protection of a fundamental right of others.
3 It must be proportionate to the intended purpose.
4 The essence of fundamental rights is inviolable.
1 Political rights are guaranteed.
2 The guarantee of political rights protects the free formation of the citizens' opinion and the faithful and safe expression of their will.
3 The law ensures the integrity, security and secrecy of the vote.
1 Political rights are the subject of participation in elections and voting, eligibility, as well as the signing of initiatives and requests for referendum.
2 The law ensures that any person enjoying political rights can actually exercise them.
1 The Council of State organises and monitors electoral operations.
2 The votes shall be held in the shortest possible time, but not later than one year after:
The right to use the public domain free of charge in order to collect signatures for initiatives or requests for referendum is guaranteed.
1 The holders of political rights at the cantonal level are persons of Swiss nationality who are 18 years of age domiciled in the canton, as well as persons domiciled abroad who exercise their federal political rights in the Township.
2 Persons of Swiss nationality who are 18 years of age domiciled in the municipality are holders of political rights at the municipal level.
3 Incumbents of the right to elect, vote and sign initiatives and requests for referendum on the municipal plan are persons of foreign nationality aged 18 years who have their legal domicile in Switzerland for at least eight years.
4 The political rights of persons who are durably incapable of discernment can be suspended by decision of a judicial authority.
The state contributes to the preparation for citizenship.
1 The State promotes a balanced representation of women and men within the authorities.
2 It takes measures to enable elected persons to reconcile their private, family and professional lives with their mandate.
1 The cantonal electoral body elects:
2 The election to the Council of States takes place at the same time as that of the National Council, for a term of four years, according to the modalities of the election of the Council of State.
3 In the event of an election to the Council of State or the Council of States, persons domiciled abroad are required to take home in the canton.
The communal electoral body elects:
1 Elections to the proportional system are held in a single electoral district.
2 Lists that have received less than 7 % of the valid votes cast do not get seats.
1 Elections to the majority system are held in a single electoral district.
2 Candidates who have obtained the most votes shall be elected in the first round, but at least the absolute majority of valid ballots, including white papers.
3 If a second ballot is required, it shall be held by a relative majority.
4 In the event of a vacancy during the term of office, a supplementary election shall be held in the shortest possible time. The law may provide for exceptions.
5 If the number of candidates is equal to the number of seats to be filled, the election is tacit. This rule does not apply to the first round of the election of the Council of State, the Geneva delegation to the Council of States and the municipal executive.
1 4 % of political rights holders may submit to the Grand Council a proposal for a full or partial revision of the constitution.
2 The proposal may be drafted in any form (initiative formulated) or designed in general terms and may be drafted by a revision of the constitution (unformulated initiative). A partially formulated initiative is considered unformulated.
3 A constitutional initiative cannot be transformed into a legislative initiative after the publication of its launch.
1 3 % of the holders of political rights may submit to the Grand Council a legislative proposal in all matters of the competence of its members.
2 The initiative can be formulated or unformulated. A partially formulated initiative is considered unformulated.
The initiative indicates the composition of the relevant initiative committee to withdraw it.
Signatures in support of an initiative must be filed within four months of the publication of the initiative.
1 The validity of the initiative is examined by the Council of State.
2 The initiative that does not respect the gender unit is declared void.
3 The initiative which does not respect the unit of matter is split or declared partially null, depending on whether the various parties are in themselves valid or not. Failing that, or if the non-respect of the unit of matter was obvious from the outset, the initiative is declared void.
4 The initiative of which a party is not in conformity with the law is declared partially null if the remaining part (s) are in themselves valid. Otherwise, the initiative is declared null.
1 The Grand Council decides on the initiative.
2 It may oppose a counterproject formulated on a constitutional initiative.
3 If he refuses a legislative initiative, he may oppose a counterdraft formulated.
4 If it accepts a non-formulated initiative, it does so by means of a draft.
1 The law regulates the procedure in such a way as to respect the following deadlines as soon as the outcome of the initiative is established:
2 These deadlines are imperative. In case of appeal, they shall be suspended to the right of judgment.
1 The initiative refused by the Grand Council is subject to the electoral body if it is not withdrawn.
2 The initiative that was not dealt with after the period of time prescribed in s. 62, para. 1, let. B or c, is subject to the electoral body.
3 The Grand Council's counterproposal to an initiative is subject to the electoral body if the initiative is not withdrawn. The latter shall decide independently on the initiative and on the counterproject, and then indicate its preference between the two by answering a subsidiary question.
If the electoral body accepts a non-formulated initiative, the Grand Council is required to implement it within twelve months with a draft.
The revisions of the constitution are automatically submitted to the electoral body.
1 As part of the measures necessary for financial consolidation, the law may provide that the electoral body shall be subject ex officio to legislative measures.
2 For each of these measures reducing the burden, the vote is against the proposed legislative amendment to a tax increase of equivalent effect.
3 Each person taking part in the vote must make a choice, not to oppose either a double refusal or a double acceptance of the proposed alternative.
1 The laws, as well as other acts of the Grand Council providing for expenditure, are subject to the electoral body if the referendum is requested by 3 % of the holders of political rights.
2 They are also subject to the electoral body if the referendum is requested by 500 political rights holders:
3 The objects referred to in this Article shall also be subject to the electoral body if the Grand Council so decides by a two-thirds majority of the votes cast, with abstentions not being taken into consideration, but at least by a majority of its members.
1 The signatures in support of a request for a referendum must be filed within 40 days of the publication of the act.
2 This period is suspended from 15 July to 15 August inclusive and from 23 December to 3 January inclusive.
The referendum is excluded from the annual expenditure and revenue law as a whole, except in respect of its special provisions establishing a new tax or amending the rate or base of a tax.
1 Laws whose entry into force does not suffer any delay may be declared urgent by a decision of the Grand Council by a two-thirds majority of the votes cast, with abstentions not being taken into consideration, but at least by a majority of Its members. These laws come into force immediately.
2 If the referendum is requested, the law lapses one year after its entry into force, unless it has been in the meantime accepted by the electorate. The law lapses cannot be renewed under urgent procedure.
1 Can ask the municipal council to deliberate on a specific subject matter:
2 The law defines the matters in which the right of initiative can be exercised.
3 Art. 58 and 59 are applicable.
1 The validity of the initiative is examined by the Council of State.
2 The initiative which does not respect the unit of matter is split or declared partially null, depending on whether the various parties are in themselves valid or not. Failing that, or if the non-respect of the unit of matter was obvious from the outset, the initiative is declared void.
3 The initiative of which a party is not in conformity with the law is declared partially null if the remaining part (s) are in themselves valid. Otherwise, the initiative is declared null.
1 The municipal council decides on the initiative.
2 If it accepts it, it makes it a reality through deliberation.
3 If he refuses the initiative, he can oppose a counterproject.
1 The law regulates the procedure in such a way as to respect the following deadlines as soon as the outcome of the initiative is established:
2 These deadlines are imperative. In case of appeal, they shall be suspended to the right of judgment.
1 The initiative refused by the municipal council is subject to the electoral body if it is not withdrawn.
2 The initiative that was not dealt with after the period of time prescribed in s. 74, para. 1, let. B or c, is subject to the electoral body.
3 The municipal council's counterproject to an initiative is subject to the electoral body if the initiative is not withdrawn. The latter shall decide independently on the initiative and on the counterproject, and then indicate its preference between the two by answering a subsidiary question.
If the electoral body accepts an unformulated initiative or counterproject, the municipal council is required to adopt a compliant deliberation within 12 months.
1 Proceedings of the municipal councils shall be submitted to the municipal electoral body if the referendum is requested by:
2 Art. 68 is applicable.
1 The referendum is ruled out against the municipal budget as a whole.
2 It may be requested only against budgetary provisions that introduce a new revenue or expenditure or that change the rate of a tax or the amount of a previous year's expenditure.
1 Deliberations without delay may be declared urgent by a decision of the municipal council by a two-thirds majority of the votes cast, with abstentions not being taken into consideration, but at least by the majority Of its members.
2 If the referendum is requested against a general rule or order, deliberation shall lapse one year after its entry into force, unless it has been in the meantime accepted by the electoral body. Lapsed deliberation cannot be renewed in accordance with the emergency procedure. The referendum is excluded from other urgent deliberations.
1 The Grand Council is made up of 100 deputies and deputies.
2 He is elected every five years, alternating with the local elections, to the proportional system.
The Grand Council consists of deputies and deputies.
1 The term of office of a member of the Grand Council is incompatible with:
2 It is also incompatible with the following functions:
1 The members of the Grand Council freely exercise their mandate. They make their connections to interest groups public.
2 They shall refrain from participating in the debate and the vote of an object in which they have a conflict of interest or when they have cooperated in drawing up the proposal or the position of the Council of State as a member of the cantonal administration.
The members of the Grand Council and the Council of State express themselves freely in parliament. They do not incur any legal liability for what they say there, except as provided for by law.
1 The Grand Council meets regularly in ordinary session.
2 It meets in extraordinary session at the request of 30 of its members or of the Council of State.
3 The members of the Council of State attend the meetings and may participate in the debates.
4 The sessions are public. The Grand Council may sit in camera to deliberate on a particular object.
1 The Grand Council shall elect, for a period fixed by law, its Presidency and the other members of its Bureau.
2 Each parliamentary group is represented in the office.
The Grand Council has its own administrative resources.
The Council of State shall provide the Grand Council with all relevant information in the performance of its functions.
1 The Grand Council is a committee to prepare its debates. The law limits the number.
2 It may delegate, through legislation, certain decisions to the committees. It can always refer to a specific object.
3 The committees shall have the staff and technical means necessary to carry out their tasks.
4 They can obtain information, consult documents, conduct investigations, and obtain the active cooperation of the executive branch.
1 The Grand Council passes the laws.
2 Each member of the Grand Council exercises his or her right of initiative by submitting a bill, motion, resolution, postulate or written question.
3 The legislative procedure applies to revisions of the constitution.
The notice of the Council of State is required in all cases where the Grand Council is called upon to decide on external relations and federal matters.
1 The Grand Council authorised the ratification of the intercantonal conventions by legislation.
2 Intercantonal conventions are subject to periodic evaluation.
3 This Article does not apply to inter-cantonal conventions on matters of a regulatory nature.
The Grand Council exercises high supervision over the State Council, the administration and cantonal institutions of public law, as well as on the management and administration of the judiciary and the Court of Auditors.
The criminal prosecution of members of the Council of State, the judiciary of the judiciary and the Court of Auditors for offences committed in the performance of their duties shall be subject to the prior authorisation of the Grand Council.
The Grand Council shall adopt the annual budget, authorise expenditure and approve the annual accounts. It sets taxes.
By adopting the budget, the Grand Council may not exceed the total sum of the expenditure entered in the project submitted to it without providing for the financial coverage of the overrun. Borrowing cannot be considered a financial hedging.
1 The Grand Council approves by legislation the alienation of any property owned by the State or a legal person from public law to natural or legal persons other than legal persons governed by public law.
2 The following are excepted and subject to approval by the Council of State:
3 The disposal of property owned by the Cantonal Bank is not subject to authorization.
1 The Grand Council exercises the right of grace.
2 A pardon application for the same sentence may be renewed.
The Grand Council may grant general or special amnesty by legislation.
1 The Council of State is made up of seven State Councilors.
2 He was elected every five years to the majority system. The first round took place simultaneously in the election of the Grand Council.
1 The term of office of a member of the Council of State is incompatible with:
2 The undertaking of which a member of the Council of State is the owner or in which he exercises, either directly or by person interposed, an overriding influence cannot be in direct or indirect business relations with the State.
The members of the Council of State shall freely exercise their mandate. They make their connections to interest groups public.
1 The Council of State is a collegial authority.
2 It shall appoint a chairperson from among its members for the duration of the parliamentary term.
1 The Council of State organises the cantonal administration in departments and directs it.
2 Any changes in the composition of the departments shall be submitted for approval to the Grand Council. The latter shall be determined by resolution at the sitting following the proposal of the Council of State.
3 The president or president of the Council of State heads the presidential department. This department is responsible for, inter alia, external relations, relations with international Geneva and the coherence of government action.
1 The Council of State shall present its programme of legislature to the Grand Council within six months of its entry into office.
2 The Grand Council shall be determined by means of a resolution within two months.
3 At the beginning of each year, the Council of State presents a report to the Grand Council on the state of implementation of the legislative programme.
4 It may amend the programme during the parliamentary term. He shall inform the Grand Council accordingly.
5 The Council of State provides long-term analysis beyond the legislature.
Each year the Council of State presents the revenue and expenditure budget to the Grand Council. It reports on the state of the administration's finances and activities.
1 The Council of State shall direct the preparatory phase of the legislative procedure.
2 It can present draft laws, amendments and proposals to the Grand Council.
3 In its reports to the Grand Council, it notes the long-term economic, financial, ecological and social consequences of legislative projects.
4 He enacted the laws. It shall be responsible for their implementation and shall adopt the necessary regulations and orders to that effect.
5 When the Grand Council adopts a bill that has not been tabled by the Council of State, the Council of State may, before enacting the law, represent it in the Grand Council with its observations, within six months. If, after further deliberation, the Grand Council adopts the draft previously drawn up, the Council of State promulgates the law.
Municipalities, political parties and representative communities are invited to take a decision in the preparatory work on important legislative acts and inter-cantonal conventions, as well as on other far-reaching projects.
1 The Council of State conducts the canton's foreign policy.
2 It submits an action plan to the Grand Council for the duration of the parliamentary term.
1 The Council of State is responsible for security and public order. For this purpose, it can only use bodies organised by law.
2 It may seek the support of the military, other federal services or other cantons for civil purposes.
1 In the event of a disaster or other extraordinary situation, the Council of State shall take the necessary measures to protect the population. He shall inform the Grand Council accordingly.
2 If it can meet, the Grand Council will see the extraordinary situation.
3 The measures taken in a state of need remain valid when the Grand Council approves them. Failing that, they cease to have effect after one year at the latest.
1 The State Chancellery is under the authority of the President or President of the Council of State. It is at the service of all departments and ensures the transversality of information.
2 The Council of State appoints the Chancellor or Chancellor.
3 The Chancellor or Chancellor heads the State Chancellery and has a consultative role in the meetings of the Council of State.
4 Art. 103 is applicable.
1 The judiciary is exercised by:
2 Exception courts are prohibited.
3 Justice is administered diligently.
Advertising of hearings and judgments is guaranteed. The Act provides for exceptions.
Judgments of the courts of second instance may have separate opinions.
The State shall encourage mediation and other forms of alternative dispute resolution.
The judiciary establishes each year its operating budget, which is included in the cantonal budget in a specific heading, as well as its accounts and a management report. The latter are subject to the approval of the Grand Council.
1 The judges and magistrates of the judiciary are elected every six years to the majority system.
2 Apart from general elections and the creation of new courts, the law may provide for their election by the Grand Council.
The Constitutional Court:
1 Magistrates and judges of the judiciary are subject to supervision by the High Judicial Council.
2 The law may entrust functions of the Supreme Council of the Judiciary to an inter-cantonal body.
1 The Supreme Council of the Judiciary is composed of seven to nine members. It may include alternate members. The Act sets out their method of designation.
2 A minority of its members is a member of the judiciary.
Before each election of the judiciary, the Superior Council of the Judiciary assesses the candidates' qualifications. It provides advance notice.
1 The Court of Auditors shall ensure independent and autonomous control of the cantonal administration, municipalities, public law institutions and subsidised private bodies, or in which the public authorities have a major influence.
2 The checks carried out by the Court of Auditors shall be subject to the free choice of the Court and shall be the subject of public reports, which may include recommendations. These reports shall be submitted to the Council of State, the Grand Council and the audited entity.
3 The Court of Auditors shall exercise its control in accordance with the criteria of the legality of the activities, the regularity of the accounts and the proper use of public funds. It also has the task of evaluating public policies.
The Court of Auditors shall be elected every six years to the majority system.
The Court of Auditors shall draw up each year its operating budget recorded in the cantonal budget in a specific heading, as well as its accounts and its management report. The latter are subject to the approval of the Grand Council.
1 No one may oppose the secrecy of office in the Court of Auditors. The tax secrecy and other secrets established by the law are reserved.
2 The Court of Auditors may request the removal of the secrets provided for by the law by a reasoned request which sets out the limits and purposes of the investigation.
1 Municipalities are territorial public authorities with legal personality.
2 Their autonomy is guaranteed within the limits of the constitution and the law.
1 The division of labour is governed by the principles of subsidiarity, subsidiarity, transparency and efficiency.
2 The law sets out the tasks that are assigned to the canton and those that return to the municipalities. It defines joint tasks and complementary tasks.
3 The canton assumes tasks that exceed the capacity of the communes.
Municipalities encourage the public to participate in the development of community planning and decisions. The authorities are accountable for the reasons for their decisions.
1 The canton takes into account the consequences of its activity for the municipalities.
2 It puts in place a process of consultation with the municipalities from the start of the planning and decision-making procedure.
1 In order to carry out their duties, the communes may cooperate with each other, as well as with neighbouring communities located on the other side of the cantonal or national border.
2 The law defines the instruments of inter-communal collaboration.
3 It guarantees democratic control of inter-communal structures. It can provide for the exercise of the popular initiative and the referendum at the inter-communal level.
The communes are subject to the supervision of the Council of State, which ensures that they exercise their powers in accordance with the law.
1 The canton encourages and facilitates the merger of municipalities.
2 To this end, it takes measures, including financial incentives.
1 The municipal council is the deliberative authority of the municipality.
2 The law establishes the number of members of the municipal council according to the population of the municipality.
3 The municipal council is elected every five years to the proportional system.
1 The municipal executive is a collegial authority that is freely organized.
2 It is composed of:
3 He was elected every five years to the majority system. The first round took place at the same time as the election of the municipal council.
1 No one can be a member of both the municipal council and the municipal executive.
2 The term of office of a municipal council member is inconsistent with the following functions:
3 The term of office of a member of the municipal executive is incompatible with a function within the municipal administration. The law sets out other incompatibilities.
1 The Republic and Canton of Geneva is open to Europe and the world.
2 In the implementation of its external policy, it works closely with the Confederation, the other cantons and the neighbouring regions. It encourages joint initiatives, as well as partnerships between public and private actors.
3 The rights of democratic participation are guaranteed.
1 Regional policy aims at the sustainable, balanced and solidarity-based development of the Franco-Valdo-Geneva region.
2 The canton promotes permanent, coherent and democratic cross-border institutional cooperation, with the participation of public authorities and socio-economic and associative communities.
1 The State supports the international vocation of Geneva as a centre for dialogue, decision and international cooperation, based on the humanitarian tradition and the law, as well as on the values of peace and solidarity.
2 It pursues a policy of international solidarity that supports the protection and realization of human rights, peace, humanitarian action and development cooperation.
3 For these purposes, it takes any useful initiative and makes available resources, in coordination with the Confederation.
1 The State provides favourable reception conditions for international cooperation actors.
2 It facilitates the development of clusters of expertise and promotes interaction, research and training.
3 It supports the measures of hospitality, consultation, awareness and education to ensure good agreement among the population.
1 The tasks of the State shall be carried out by the canton and, in accordance with the Constitution and the law, by the municipalities and institutions governed by public law.
2 The State carries out its tasks diligently, efficiently and transparently.
3 It is organized in a structured manner. It defines the responsibilities of its officers and is based on their autonomy and competence.
1 The State shall take the measures to enable any person to:
2 It combats threshold effects that could hinder incentives and insertion measures.
The public service is responsible for the tasks for which public intervention is required.
1 The State shall establish comprehensive financial planning.
2 The management of public finances is efficient and effective.
3 As a general rule, the state balances its operating budget.
4 It takes account of the cyclical situation and has counter-cyclical reserves. Deficits must be offset in the medium term.
5 The budget and accounts of the canton, municipalities and institutions of public law are published.
The State shall administer, preserve, protect and develop the public heritage.
1 State resources include:
2 The state may resort to borrowing.
1 The principles governing the tax system are legality, universality, equality and economic capacity.
2 The taxes of natural persons are designed to protect economically weak persons, to maintain the will to engage in a gainful occupation and to encourage individual foresight.
3 The taxes of legal persons are designed in such a way as to preserve their competitiveness, taking into account their efforts to maintain and develop full employment.
4 The state is fighting fraud, subtraction and tax fraud.
1 The state controls debt and maintains it at a level that does not threaten the interests of future generations.
2 A deficit operating budget can only be accepted by a majority of the members of the Grand Council.
3 The State shall periodically check that the benefits it provides and the grants it grants are effective, necessary and financially sustainable. It waives benefits and subsidies that do not meet these conditions.
1 The state protects human beings and their environment.
2 It fights all forms of pollution and implements the principles of prevention, precaution and the charging of costs to polluters.
3 The exploitation of natural resources, including water, air, soil, subsoil, forest, biodiversity and the landscape, must be compatible with their sustainability.
The state implements policies to reduce greenhouse gases.
1 The supply of water is guaranteed in sufficient quantity and quality. This resource must be preserved and saved.
2 Subject to the validly constituted private rights, the lake, the rivers, the main and deep water bodies, as defined by law, are public property and must be safeguarded.
1 The state protects nature and the landscape.
2 It defines protected areas and promotes their networking.
1 The state respects the principles of industrial ecology.
2 It implements a policy of reducing the source of waste, particularly those that are most harmful to the environment.
Hunting of mammals and birds is prohibited. Official wildlife regulation measures are reserved.
1 The State shall ensure that spatial planning respects the principles of a compact, multipolar and green agglomeration. It preserves the useful agricultural area and protected areas.
2 It organises the territory from a cross-border regional perspective and promotes social and intergenerational diversity.
3 It ensures a rational use of the soil by optimising the density of the urbanised areas.
The State guarantees the development of community spaces dedicated to the practice of sport, culture and leisure.
The state promotes the achievement of sustainable neighbourhoods.
The State shall ensure free access to the shores of the lake and rivers in respect of the environment and of the overriding public and private interests.
1 The State's energy policy is based on the following principles:
2 Communities and public institutions are bound by the objectives of this section, in particular for their investments and the use of their social rights.
3 Collaboration between the State and private enterprises is encouraged in order to achieve these objectives.
1 The supply and distribution of water and electricity, as well as the disposal and treatment of waste water, constitute a cantonal monopoly to the extent permitted by federal law.
2 This monopoly can be delegated to an institution of public law. It also offers other services in the field of industrial services, including the provision of gas and thermal energy, as well as the treatment of waste.
3 It buys renewable energy produced by individuals or businesses under appropriate conditions.
4 It does not apply degressive tariffs which do not comply with the objectives of the state's energy policy.
The cantonal authorities are opposed by all means at their disposal and within the limits of their powers to the installations of nuclear power plants, radioactive waste depots and reprocessing plants in the territory and in the vicinity of the Township. For installations that do not meet these conditions of location, the canton's notice is given by the Grand Council in the form of a law.
1 The state guarantees access to the health care system and health care.
2 It responds to overall health planning and the satisfaction of hospital and ambulatory care needs, medical, care and medico-social facilities, as well as home care and support.
3 Patients'and patients' rights are guaranteed.
1 The State is taking measures to promote health and prevention. It aims to reduce the impact of environmental and social factors which are detrimental to health.
2 It supports the diversification of health benefits and comprehensive care for patients and patients.
3 It coordinates the players in the health system and encourages their collaboration to deliver quality benefits in an efficient manner.
1 Care is provided by members of the duly qualified health professions.
2 Monitoring of their training and activity is the responsibility of the State. She cannot be delegated.
3 The State supports the action of family caregivers.
1 Medical facilities under public law provide, according to their specificities, care, education and research.
2 The operating deficit of medical institutions governed by public law is covered by a subsidy paid annually to the State budget.
The state guarantees the free choice of the health professional.
Smoking is prohibited in indoor or closed public places, in particular in those who are subject to an operating licence.
Dogs that are dangerous or are derived from so-called attack breeds, as well as their crossings, are prohibited on the territory of the canton.
1 The State shall take the necessary measures to enable all persons to find suitable accommodation for themselves and their families on an affordable basis.
2 It implements a housing, incentive and concerted social policy.
3 To combat the shortage, it encourages the production of sufficient housing to meet the various needs of the population.
4 It pursues an active policy of making available low-cost housing that meets the overriding needs of the population.
5 He is fighting land speculation.
1 The cantonal master plan provides for the provision of suitable building land and adequate densification.
2 The regulations on decommissioning, construction, processing and renovation provide for simple procedures for the rapid implementation of projects.
3 The search for energy-efficient building solutions is encouraged.
4 The State shall pursue an active policy on the acquisition of land, in particular with a view to the construction of public utilities by public or non-profit institutions, such as housing cooperatives.
The State shall encourage access to the ownership of housing.
1 The canton provides financial assistance to municipalities which receive new housing, in particular of public utility.
2 It supports the construction of new infrastructure.
1 The State shall take the measures necessary for the placing on the market of dwellings left empty for speculative purposes.
2 It ensures that a permanent base of social housing is established.
3 It shall take measures to prevent persons from being without housing, in particular in the event of forced evacuation.
The state provides security and public order.
1 The canton has a monopoly on public strength.
2 The law regulates the delegation of police powers limited to the qualified staff of the municipalities.
3 Conflicting situations are treated as a priority in order to rule out or limit the use of force. The persons concerned are required to provide assistance.
1 The State creates an environment conducive to a free, responsible, diversified and interdependent economy.
2 It is about full employment.
3 It encourages the creation and maintenance of innovative, dynamic, job-generating and wealth-generating enterprises, oriented in the long term and according to the needs of the region.
1 The State pursues an active employment policy and takes measures to prevent unemployment. It promotes professional reintegration.
2 It promotes social dialogue and the conclusion of collective labour agreements.
1 The State promotes a diversified agriculture of quality, respectful of the environment and proximity.
2 It promotes the agricultural products of the canton.
3 It supports training and employment in agriculture.
The State shall ensure information and the protection of consumers.
1 The State shall develop a comprehensive mobility policy by coordinating the policies of development, energy, protection of the environment and traffic.
2 It facilitates travel by aiming at the complementarity, safety and fluidity of the various public and private means of transport.
3 It guarantees the individual freedom of choice of mode of transport.
4 It encourages soft mobility.
1 The state develops the network of public transport and the supply at the level of the agglomeration.
2 It promotes the use of environmentally friendly public transport.
3 It ensures that they are accessible to the entire population and cover its overriding needs.
4 A self-governing body of public law manages public transport.
1 The canton plans in the long term and realizes the infrastructure necessary for the development of the agglomeration.
2 The design and implementation of communication channels, public transport infrastructure and soft mobility accompany construction projects for housing, employment, trade and leisure.
3 The State may enter into partnerships with the private sector.
1 The State organises and finances public, secular and quality education.
2 The main goals of public education are:
1 Training is compulsory until at least the age of majority.
2 After compulsory education, it may take place in the form of teaching or vocational training.
1 The State shall facilitate access to training and promote equal opportunities.
2 It fights illiteracy and illiteracy.
1 Higher education is provided by the university and the high schools.
2 These are aimed at a high level of quality and international recognition. They promote interdisciplinarity. They contribute to the development of the scientific, cultural, economic and social life of the community.
The State shall support basic and applied research.
The State supports continuing education and professional development.
Private institutions contribute to the provision of training. The law regulates authorization and supervision.
The provision of daycare spaces for preschool children is adapted to meet the needs.
1 The canton and the communes organise the pre-school reception.
2 They assess needs, plan, coordinate and promote the creation of reception places.
3 The township is responsible for monitoring day care facilities.
1 The municipalities or groups of municipalities finance the construction and maintenance of the daycare facilities.
2 The canton and the communes or groups of communes finance the operation after deduction of the participation of the parents and of any other income.
1 The canton and the municipalities encourage the creation and operation of private day-care facilities, in particular business crèches.
2 They promote the development of partnerships between public and private actors.
1 The state implements a family policy. It recognizes the social, educational and economic role of families.
2 It lays down minimum family allowances.
3 It guarantees, in addition to the federal legislation, insurance of at least 16 weeks in the case of maternity or adoption.
The State takes account of the requirements of intergenerational solidarity in the definition of its policies and in its action.
1 The State shall implement a youth policy which takes into account the needs and interests of children and young people, in particular in the fields of training, employment, housing and health.
2 It promotes access for children and young people to arts education and culture.
3 He encourages them to practice sport.
1 The state takes into account the ageing of the population.
2 It addresses the needs of seniors, particularly in the areas of home care, medico-social institutions, recreation, associative activities and volunteerism.
1 The State shall promote the economic and social integration of persons with disabilities.
2 In new construction, accommodation and working places are made accessible and adaptable to the needs of people with disabilities. During renovations, the needs of these are taken into account in an appropriate manner.
1 The State facilitates the reception, participation and integration of foreign persons.
2 It facilitates their naturalisation. The procedure is simple and quick. It can only give rise to a fee for the cover of costs.
1 The state takes care of people in need.
2 It promotes foresight and mutual aid, fights the causes of poverty and prevents situations of social distress.
3 It ensures the integration of vulnerable people.
1 Social assistance is intended for people who have difficulties or lack the means to meet their basic and personal needs.
2 It is subsidiary to other federal, cantonal or communal social benefits and social insurance benefits.
3 The State implements social assistance and action in collaboration with public and private institutions.
1 The Hospice général is an autonomous institution of public law.
2 It is responsible for social assistance, including financial assistance, support and reintegration. The law may give it other tasks.
1 The Hospice général retains its assets, which remain separate from those of the canton and cannot be diverted from their destination.
2 The income of its assets and other resources is used to carry out its tasks.
3 The canton guarantees the benefits of the Hospice général. It gives it the means to carry out its tasks and covers its excess of expenses by means of a credit carried out annually to the cantonal budget.
1 The state promotes artistic creation and cultural activity. It ensures their diversity and accessibility.
2 To this end, it provides adequate means, spaces and work instruments.
3 It encourages cultural exchanges.
1 The State shall ensure the conservation and presentation of the cultural heritage.
2 It can contribute to the costs of conserving and renovating protected religious buildings.
1 The ecclesiastical buildings whose property has been transferred to the churches by the communes retain their religious destination. It cannot be disposed of for consideration. The law may provide for exceptions.
2 The temple of Saint Peter is owned by the Protestant Church of Geneva. The state has at its disposal for official ceremonies.
1 The state promotes public access to diverse leisure activities.
2 It encourages and supports sport in its educational, popular and high-level practices.
1 The Council of State organises internal control within each department. The same is true for municipalities and public law institutions.
2 An internal audit body covers the entire cantonal administration. It is administratively attached to the Council of State and freely defines its investigative subjects. Its reports shall be submitted to the Council of State and to the relevant committees of the Grand Council.
3 The law defines the communes and institutions of public law that must establish such a body.
1 External control of the State shall be provided by the Court of Auditors.
2 The revision of the State's accounts shall be carried out by an external and independent body appointed by the Grand Council. This can be the Court of Auditors.
Art. 131 applies by analogy to internal control and audit, as well as to the revision of the State's accounts.
1 This Constitution shall enter into force on 1 Er June 2013.
2 Art. 229, para. 2, and art. 231 shall enter into force upon the approval of this Constitution by the electoral body.
1 The Constitution of the Republic and the Canton of Geneva of 24 May 1847 is hereby repealed.
2 The provisions of the former right which are contrary to the directly applicable rules of this Constitution shall be repealed.
3 For the rest, the former right remains in effect as long as the implementing legislation required by this Constitution has not been enacted.
1 The legislative amendments required by this Constitution shall be adopted without delay, but at the latest within five years of its entry into force.
2 To this end, the Council of State shall submit to the Grand Council a legislative programme before 1 Er January 2014.
1 Pending an implementing law, the competent judicial authority in the field of adult protection may suspend political rights under s. 48, para. 4. It shall decide on the extent of the suspension.
2 Persons deprived of political rights at the entry into force of this Constitution shall remain so until the decision of a judicial authority, but no later than three years. They may apply at any time to the authority referred to in the preceding paragraph or to the judicial authority designated by the implementing law, which shall decide whether or not to suspend political rights and, where appropriate, on its scope.
1 The former right applies to popular initiatives whose launch was published before the entry into force of this Constitution.
2 The pending constitutional initiatives are being transformed by the Grand Council into a draft revision of this Constitution.
1 The former right applies to requests for a referendum on acts adopted before the entry into force of this Constitution.
2 Legislation referred to in s. 67, para. 2, let. B, shall contain, upon the entry into force of this Constitution, the following laws:
No later than 30 days before the entry into force of this Constitution, the Council of State shall adopt the number of signatures required for the outcome of an initiative or a request for a referendum in accordance with Art. 56, para. 1, 57, para. 1, 67, para. 1, 71, para. 1, and 77, para. 1.
1 The election of the Grand Council and the first round of the election of the Council of State took place in October 2013, at the end of the current parliamentary term.
2 The following elections take place between March and May 2018.
As long as implementing legislation has not been adopted, deputies and deputies shall be elected in accordance with the following principles:
The first renewal of the High Judicial Council following the entry into force of this Constitution shall be subject to the former right if the implementing legislation has not been adopted in the meantime.
The Grand Council shall adopt the implementing provisions of Art. 138 and 139 within three years of the entry into force of this Constitution.
The offer of daycare spaces shall be adapted to the needs within four years of the entry into force of this Constitution.
The minutes of the committees of the Constituent Assembly are public.
Numbers refer to articles and divisions of articles of the Constitution
Home
Social Action 212 to 215
Public Activity 9, 10
Administration 89, 94, 106, 115, 128, 148, 221
Age (right to vote and stand for election) 48
Agents of the State 12, 148
Agriculture 187
Social Assistance 213
Elders 208
Alienation of buildings 98
Allocations ( Family, birth, adoption) 23 4 , 205 2
Land use planning 163 to 166
Amnesty 100
Illiteracy 195 2
Adjudication (prohibition of) 17
Army 112
Arms 7 1
General Scope Order 79 2
Art 29, 216
Constituent Assembly 237
Legal Assistance 40 3
Associations 211
Hearings (advertising) 118
Autonomy
Authorities
Cantonal Bank 98 3 , 189
Good faith 9, 17, 26 3
Volunteering 211 1
Budget
Goals
Censorship (prohibition of) 27 2
State Chancellery 114
Hunting 162
Dangerous Dogs 177
Citizen
Citizenship (preparation for) 49
Climate 158
Social cohesion 8, 205 to 211
Collaboration
Commissions 90
Commons
Accounts V. Budget
Concertation 11 1 , 135 2 , 147 3
Confederation
Conflicts
Conscience (freedom of - And belief) 25
Council of State
Superior Council of the Judiciary 125 to 127
Council of States 52
City Council 140, 142
Consumption 188
Cantonal Constitution
Federal Constitution 1
Consultation 11 1 , 110
Contreproject 61 2, 3 , 63 3 , 73 3 , 75 3 , 76
Control
Intercantonal Conventions 93, 110
International cooperation 146, 147
Constitutional Court 124
Court of Auditors 95, 128 to 131, 222
Belief (freedom of - And conscience) 25
Culture 164, 207 2 , 216, 217
Waste 168
Deliberation 73 2 , 76, 77, 79
Democracy 1 1 , 51 1 , 136 3 , 144 3 , 145 2
Departments 106, 114 1
Expenditures
Member of Parliament
Sustainable development 10, 145 1 , 157, 165
Motto 7
Dignity 14 1
Discriminations (prohibition of) 15 2
Transitional provisions 224ss
Home
Freedom of the City V. Citizen
Fundamental rights
Political rights 44 to 79
Water 159, 168 1
School V. Training
Ecology 161
Economy 35, 185 to 189
Ecclesiastical buildings 218
Equality
Church Religion
Elections
Electricity 168
Eligibility 48
Employment 155 3 , 185, 186, 187 3 , 192 2 , 207 1
Borrow 97, 154 2
Indebtedness (brake on) 156
Energies 167 to 170
Child 23, 200, 204 2 , 207
Education 30, 174 1 , 193 to 199, 207 2
Enterprises 103 2 , 168 3 , 185 3
Environment
Tax Escroquerie 155 4
Standalone institutions of public law
State
Rule of law 1
Foreign/Foreigners
Evaluation 42, 93, 128, 151
Municipal Executive 53, 141, 142
Executing 109 4
Expropriation 34 2
Expression (freedom of) 26
Family 13 2 , 15 3 , 22, 149 1 , 178 1 , 205
Public Finance 96 to 98, 108, 143, 152 to 156
Taxation 155
Public Force 184
Training 15 2 , 24, 193 to 199
Passive Smoke (protection against) 176
Merging communes 138, 139, 235
Builds
International Geneva 106 3 , 146, 147
Financial Management 152
Government V. Council d ' State
Thanks 99
Grand Council
Strike (right of) 37
Interest Groups 84 1 , 104
High-level schools 196
General Hospice 214
Illetrism 195 1
Real Property (alienation) 98
Immunity 85, 95
Taxes
Inability of discernment 48 4
Incompatibility 83, 103, 142
Independence 84, 104, 117
Information 11, 16 2 , 26, 28, 114 1 , 188, 220
Infrastructure 181 2 , 192
People's Initiative
Integration 39 1 , 209 1 , 210 1 , 212 3
Integrity (right to) 18
Public interest 9 2 , 11 2 , 43 2
Youth 207
Judgments (advertising) 118
Judges V. Magistrates of the Judiciary
Justice 1, 116 3
Laïcité 3, 193 1
Language 5, 16 3
Legislature
Freedom 1
Freedoms V. Fundamental rights
Housing 38, 67 2 , 178 to 182, 192 2 , 207 1 , 209 2 , 230 2
Laws
Leisure 164, 192 2 , 208 2 , 219
Magistrates of the Judiciary 52 1 , 117, 122, 123, 125
Majoritary (system) 52, 55, 102, 122, 129, 141
Protest (freedom of) 32
Marriage (right to) 22
Maternity (insurance) 205
Medicine 171 to 175
Media 27, 28, 220
Mediation
Military 112
Public Prosecution 116
Collective Development (right of) 37
Mobility 190 to 192
Geneva Nationality 6
Naturalization 210
Nature 160
Necessity (state of) 113
Non-refoulement 183
Opinion
Public Order 112, 183
Peace
Parliament V. Grand Council
Participation 134, 144, 145, 210
Registered partnership (right to) 22
Partnerships 144, 192, 203, 211
Political parties 51, 110
Heritage
Landscape 157, 160
Persons with disabilities 16, 209
Petition 33
People
Planning 134, 135, 152, 171
Police 112
Power
Presidency
Press V. Media
Procedure
Occupation (free choice of) 35 2
Legislature Program V. Legislature
Proportionality 9 2 , 43 3
Proportional (system) 54, 81, 140
Property
Prud'hommes 123
Advertising 11, 118, 128 2 , 152 5
Quorum 54
Reports 107, 109, 121, 128, 130, 221
Research 30, 147, 167, 174, 197
Referendum
Regulation 79, 109
Reintegration 186, 214
External relations 92, 106, 144 to 147
Religion
Representation of women and men 50
Republic and canton
Liability
Resources
Meeting (freedom of) 32
Revision
Health 39, 171 to 177, 207
Science (freedom of) 30
Meetings 86, 114
Function secret 131, 223
Security 8, 20, 44 3 , 112, 183, 184, 190 2
Separation of powers
Public Service 28, 150
Industrial Services 168
Signatures
Solidarity 1 1 , 146 1, 2 , 201, 206
Social (Cohesion and peace) 8, 205 to 211
Sovereignty 2
Private Sphere (protection of) 21
Sport 164, 207, 219
Subsidiarity 133
Monitoring
Unions 36
Majority System V. Major
Proportional System Cf Proportional
Tasks 41 2 , 133
Public Tasks 148-151, 157 to 220
Territory
Titularity 48
Torture (prohibition of) 18 2
Treaties V. Intercantonal Conventions
Transparency 51, 133, 148
Transport
Working 15 3, 4, 36 3 , 37 2 , 149 1 , 186 2 , 209 2 , 216 2
Tribunals
University 196
Urgency
Life
Votation 45, 46, 63, 75
