The right to education for people with disabilities and the resulting responsibilities for educational institutions are set forth in various international treaties and in the Swiss constitution and national laws.

Constitutional ban on discrimination

In agreement with various international human rights treaties, the Swiss Federal Constitution bans every kind of discrimination in Art. 8., para. 2:

“No person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.”

The UN Convention on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities (CRPD) has been in place in Switzerland since 2014. It obliges the member states to wide-ranging measures to promote the participation of persons with disabilities in the life of society. In Article 24, it describes the right of people with disabilities to develop

“their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential”.

Federal Act on the Elimination of Discrimination against People with Disabilities (DDA)

The Federal Act on the Elimination of Discrimination against People with Disabilities (DDA) enables the Swiss authorities at federal level to combat discrimination against people with disabilities. For the education sector, in Art. 2 para. 5a, it names the following forms of discrimination, which it is empowered to eliminate:

“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.”

Law on the rights of people with disabilities, Canton of Basel-Stadt

The Canton of Basel-Stadt is also committed to accessibility and wants to play a pioneering role in this area. The canton firmly holds that:

“Persons with disabilities […] [should] be able to realize their rights in all areas of life. The goal is a self-determined and independent life.”

The legal basis is the Law on the rights of people with disabilities (Behindertenrechtegesetz, BRG), which went into effect on 01.01.2021 and which also applies to the University of Basel.

University of Basel

The University of Basel already committed to advancing the needs of students with disabilities in 2011, in its Disability Statement:

“[The university] provides specific services to facilitate accessible studies for students with handicaps and to guarantee the legal right to equal participation in educational programs.”

In 2020, the university released its «Code of Conduct», and it speaks out here against every form of discrimination:

“We do not tolerate discrimination on the grounds of age, gender, gender identity, background, language, sexual orientation, religion, political opinion, mental or physical disability or personal lifestyle and circumstances.”

The 2012 University Statute also states in § 6 that the university facilitates studies for students with disabilities. Various study regulations contain guidelines for accommodations and compensations. The Teaching Committee approved the Process for Compensating for Disadvantages in 2015.