Switzerland recognising obesity as a disability under certain conditions

The Federal Court's ruling allows obesity patients to apply for invalidity pensions, subject to treatment.

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The Swiss Federal Court has ruled that obesity may qualify as a disability in specific cases, granting some individuals access to invalidity pensions.

This decision marks a shift in the court's approach, as obesity was previously not considered a disability unless it led to physical or psychological disorders, or was caused by such conditions.

In its ruling, the court stated that the long-standing case law, which excluded obesity from invalidity benefits on the grounds that it could be treated, was no longer applicable.

The ruling aligns with changes in the legal handling of addiction cases, where the focus is now on the impact an addiction has on a person's ability to work, rather than the possibility of treatment.

Obesity is now recognised as a complex and chronic somatic disease, and the court has emphasised that a case-by-case assessment is necessary to determine how it limits a person's ability to work.

However, the court also specified that individuals seeking invalidity pensions due to obesity must demonstrate a commitment to reasonable treatment measures, such as dietary therapy, medication, behavioural therapy, or a physical activity programme, to reduce the condition's effects.

This ruling is particularly significant in the case of a woman from Aargau who suffers from class III obesity, the most extreme form of obesity. She had previously applied for an invalidity pension but was rejected.

The Federal Court partially upheld her appeal, recognising that she was not able to work at full capacity. The court has now instructed the cantonal invalidity insurance office to re-examine her case and conduct medical assessments to determine her eligibility, taking into account her obligation to pursue treatment.

The court's decision is expected to set a precedent for how obesity is treated within the scope of invalidity insurance in Switzerland, acknowledging the need for a more nuanced approach to this chronic condition.