Sunday, October 21, 2018

Swiss Parliment Motion To Collect Health Data in Regards to Wireless Communication

Switzerland: Motion 18.3855: "For a better consideration of health in the mobile telephony sector (II)"

18.3855: MOTION:  For a better consideration of health in the mobile telephony sector (II)

This is an unofficial translation from French.

Submitted by:
ESTERMANN YVETTE on 26 September 2018 to the National Council, Swiss Parliament

Status of deliberations: Not yet dealt with by the Council



TEXT:

The Federal Council is responsible for ensuring that the following accompanying measures are taken in the event of a change of direction  in the mobile telephony sector.

The Federal Law on Protection against the Dangers of Non-Ionizing Radiation and Sound (LRNIS) stipulates that the health risks to humans and animals must be clearly indicated. In this respect, particular emphasis should be placed on the fundamental rights of respect for the home and private sphere (art. 13, para. 1), and also on physical and psychological integrity and freedom of movement (art. 10, para. 2). The damages caused by mobile telephony require clear regulation, based on the principle of causality, according to which injured parties and persons seeking advice should now only be advised by neutral persons.  Similar to the Gene Technology Act, the LRNIS is reflected in the LPE [Federal Act on the Protection of the Environment], Cst. [Federal Constitution] and CP [Swiss Criminal Code].

According to art. 65, para. 1, of the Swiss Constitution, relevant data on the health of the population must be collected in relation to radiation generated by mobile telephony and possible electrosensitivity.

Therefore, it is necessary to explain to the public, honestly and thoroughly, not only the potential health hazards of electromagnetic fields, but also the appropriate protective measures. All electronic devices will now have to be equipped with warning labels containing all relevant information.

While it is true that digital technology is our future, we expect the authorities to support the change in technological direction, particularly in terms of legislation, health and education.

a. According to administrative judge Bernd I. Budzinski ("Von der Versorgung ohne Auftrag zur Bestrahlung ohne Gesetz" [from serving without a mandate to emitting radiation in the absence of a law]), limit values are neither legal grounds nor a reason for anyone to force the population to be subject to radiation indoors. The Ordinance on Protection against Non-Ionizing Radiation (ORNI), in force since February 2000, only sets limit values, not to mention the fact that the LPE [Federal Act on the Protection of the Environment] does not regulate non-ionizing radiation and electromagnetic fields at all. The above-mentioned fundamental rights are no longer respected for hundreds of thousands of people in Switzerland alone.

Due to the threat scenario, insurers have denied mobile operators the possibility to take out liability insurance. This situation has increased legal uncertainty and the trend towards health denial.

b. Therefore, the collection of health data, in particular the conducting of a population survey on the symptoms of electrosensitivity, and also the provision of information to people of all ages and professions, are among the essential measures to bring about a change in direction aimed at making mobile telephony respectful of health.

COMPETENT AUTHORITY

Federal Department of the Environment, Transport, Energy and Communications (DETEC)

PRIORITY COUNCIL

National Council

CO.SIGNATORIES (6)

GRAF MAYA HARDEGGER THOMAS REIMANN LUKAS REIMANN MAXIMILIAN SEMADENI SILVATÖNGI MICHAEL

AREAS (2)

Media and communication


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