Forcible deportation

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The forced return (deportation) of individuals with a legally binding removal order, and the related disclosure of medical data, is a matter for the Central Ethics Committee (CEC) of the Swiss Academy of Medical Sciences (SAMS). The authorities’ interest in the efficient execution of deportations must not compromise the medical ethical duties of physicians – for example, with regard to professional confidentiality.

Physicians play several roles in the context of forced returns. One such role involves doctors who provide treatment for patients subject to a legally binding removal order. In view of the planned deportation, these treating physicians are required to disclose medical information that is relevant for the assessment of the transportability of their patient.

 

Another role applies to the doctors who make the decision regarding transportability. Since the legal changes introduced in May 2022, responsibility for this decision rests explicitly and solely with the physicians appointed for this purpose by the State Secretariat for Migration (SEM), and no longer with the treating doctor (e.g. the prison physician). Finally, there are physicians – or healthcare professionals acting on their behalf – who accompany the deportation process and provide medical care to the person being deported during transport.

 

 

Medical Report Form for the Assessment of Transportability

The attending physician is legally required to disclose only those medical data that are already available at the time of the request and are relevant for the assessment of the person’s transportability. Only medical information necessary for enforcing the removal order may be disclosed. The disclosure takes place between medical professionals and not to the authorities.

 

As of 1 Januar 2026, a standardised nationwide report form will be used in Switzerland for the transmission of relevant medical data. The form was developed by a working group comprising representatives of the medical profession and the authorities.

 

Until the end of 2025, all cantons except Solothurn (SO), Thurgau (TG), and Vaud (VD) will continue to use the current form:

 

The medical profession was informed through an article in the Swiss Medical Journal (Bulletin des médecins suisses, BMS). The article explains the procedure step by step for individual cases.

 

Read the article in French or in German.

 

 

For any questions regarding the process of data transmission, JDMT Group AG is available to provide information. Acting on behalf of the federal authorities, JDMT Group AG performs the controlling function for process management: Tel. 044 404 51 51, Email: office@jdmt.ch.

 

 

Respecting Medical Confidentiality

When transmitting medical data concerning a person subject to deportation, medical confidentiality must be respected. Ideally, the affected person should give their consent to the data disclosure. If consent is refused, it is strongly recommended – despite the new legal and regulatory provisions – to request a formal release from medical confidentiality through the competent authority.

 

An overview of the responsible cantonal offices and the corresponding forms can be found on the following page:

 

Release from professional confidentiality: List of responsible cantonal authorities and forms

 

 

CONTACT

lic. theol., dipl. biol. Sibylle Ackermann
Head Department Ethics
Tel. +41 31 306 92 73