What is hospitalization for care purposes and who can be involuntarily hospitalized?

It is a legal measure that allows to involuntarily hospitalize a person who suffers from a mental disorder, a mental disability, or is in a serious state of abandonment, when the necessary care or assistance cannot be provided to them otherwise. The rule has been in force since 1 January 2013, provided for in the law on the protection of minors and adults in Switzerland. Hospitalization takes place in a suitable institution, such as psychiatric hospitals, specialized clinics or care facilities.

Why is the Federal Council reviewing this legislation in 2026?

Two external evaluations revealed a need for clarification and adjustment. For adults (assessment of 2 August 2022, noted on 16 December 2022): regulatory adjustments are needed on the competence of doctors to order hospitalizations and on medical measures during hospitalization. For minors (assessment of 21 November 2025, taken note of 12 August 2026): the current rules do not sufficiently take into account the specific needs of children and adolescents during involuntary admissions.

What are the three main novelties of the revision that the Federal Council proposes?

First, the clarification and standardization of the regulatory framework on medical measures in hospitalizations for the purpose of care, to avoid differing interpretations between cantons and structures. Second, the introduction of a national statistic to monitor this measure at the federal level and evaluate its effectiveness. Third, the creation of specific rules dedicated to the needs of children and adolescents, which take into account their psychological and physical evolution.

When will this law come into effect?

The draft must be drawn up by the Federal Department of Justice and Police (FDJP) by the summer of 2028. Consultations with cantons and stakeholders will follow during the following months. The law will not come into force before 2029 or 2030, depending on the length of the consultation and the parliamentary process.

Who will be affected by the revision changes?

Magistrates specialising in protection, doctors, psychologists, social workers, hospitals and psychiatric clinics managing involuntary admissions. Particular attention will be paid to psychiatric hospitals and institutions that welcome minors, who will have to adapt decision-making procedures, staff training and infrastructure to the new provisions. Families of hospitalized minors will also see more specific and protective procedures.

Federal Council revises entitlement to hospitalization assistance (cross-border guide)

Di Redazione Frontaliere Ticino · Published on 19 August 2026

Swiss Federal Palace in Bern, where the Federal Council decided to revise admission law for vulnerable adults and minors

On 12 August 2026, the Federal Council instructed the DFGP to review the rules on involuntary admission: national statistics, clarifications on medical measures and specific protections for minors. Avamprogetto by summer 2028.

Context

In a nutshell

Federal Council initiates review of rules on involuntary admissions for adults and minors
Three novelties: clarification on medical measures, national statistics, protections dedicated to minors
Advance project by summer 2028, assignment to the DFGP confirmed on August 12, 2026

Key facts

What: Complete review of the right to hospitalization for care purposes (protection of minors and adults)
When: 12 August 2026 (Federal Council decision)
Where: Switzerland, national federal civil law
Who: Federal Council and Federal Department of Justice and Police (FDJP)
Expiry: Summer 2028
Regulations in force since: 1 January 2013

On 12 August 2026, the Federal Council instructed the Federal Department of Justice and Police (FDJP) to draw up a comprehensive revision of the Swiss Civil Code regarding admission for care purposes. This is a legal measure that makes it possible to involuntarily hospitalize a person who suffers from a mental disorder, a mental disability or is in a serious state of abandonment, if the necessary care or assistance cannot be provided to them otherwise. The current legislation has been in force since 1 January 2013.

The review framework

In the years following the entry into force of 2013, the Federal Council had commissioned two separate external evaluations: one on adults and one on minors. On 16 December 2022, the Executive took note of the report relating to the hospitalization

Operational details

The problems found in adults

The adult assessment, completed on 2 August 2022, confirmed that the protection system has achieved its intended purposes. The provisions in force on the subject have made it possible to adequately protect vulnerable people by reducing the risk of abandonment or deterioration of health. However, the application practice revealed important grey areas, especially around the figure of the doctor in charge of ordering involuntary admissions. The issue is not marginal: it involves fundamental rights of the individual (personal freedom versus the need for health protection) and requires regulatory clarification to avoid differing interpretations between cantons, hospitals and psychiatric clinics.

The specific needs of minors

The assessment on minors, delivered on 21 November 2025, presents a different and more urgent picture. Current norms, although designed to protect, do not adequately reflect the characteristics of the psychological and physical development of children and adolescents. A minor requires additional protections, specific procedures for consultation and involvement of the family, and care that the previous legislation (designed mainly around the protection of adults) does not provide for sufficiently. For this reason, the review should include dedicated provisions that take into account the evolution of discernment capacity according to age.

The importance of statistics

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Key points

Legislative Procedure Timeline

The review process was officially launched on 12 August 2026 with the assignment to the Federal Department of Justice and Police (FDJP). The first phase, that of the outline project, must be completed by the summer of 2028. The draft is the preliminary document that contains the proposals for regulatory changes to the Civil Code, still open to comments and refinements before the drafting of the official government message that will accompany the draft law to Parliament.

After the summer of 2028, the ordinary federal consultation procedures will follow: the project will be submitted to the cantons, professional associations (doctors, psychologists, social workers, hospital organizations), children's rights organizations and other interested bodies. This consultation phase can last a few months and is used to gather feedback from those who work directly in the field of protection, care and mental health.

Impacts on cantons and structures

As hospitalization for care purposes is governed by the Federal Civil Code, the review will have a national and binding scope for all cantons. Each cantonal administration will have to adapt its administrative and judicial practices to the new provisions. This means that magistrates specialising in child and adult protection, doctors, social workers and inpatient facilities will receive new lines

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Source: admin.ch

Frequently Asked Questions

What is hospitalization for care purposes and who can be involuntarily hospitalized?: It is a legal measure that allows to involuntarily hospitalize a person who suffers from a mental disorder, a mental disability, or is in a serious state of abandonment, when the necessary care or assistance cannot be provided to them otherwise. The rule has been in force since 1 January 2013, provided for in the law on the protection of minors and adults in Switzerland. Hospitalization takes place in a suitable institution, such as psychiatric hospitals, specialized clinics or care facilities.
Why is the Federal Council reviewing this legislation in 2026?: Two external evaluations revealed a need for clarification and adjustment. For adults (assessment of 2 August 2022, noted on 16 December 2022): regulatory adjustments are needed on the competence of doctors to order hospitalizations and on medical measures during hospitalization. For minors (assessment of 21 November 2025, taken note of 12 August 2026): the current rules do not sufficiently take into account the specific needs of children and adolescents during involuntary admissions.
What are the three main novelties of the revision that the Federal Council proposes?: First, the clarification and standardization of the regulatory framework on medical measures in hospitalizations for the purpose of care, to avoid differing interpretations between cantons and structures. Second, the introduction of a national statistic to monitor this measure at the federal level and evaluate its effectiveness. Third, the creation of specific rules dedicated to the needs of children and adolescents, which take into account their psychological and physical evolution.
When will this law come into effect?: The draft must be drawn up by the Federal Department of Justice and Police (FDJP) by the summer of 2028. Consultations with cantons and stakeholders will follow during the following months. The law will not come into force before 2029 or 2030, depending on the length of the consultation and the parliamentary process.
Who will be affected by the revision changes?: Magistrates specialising in protection, doctors, psychologists, social workers, hospitals and psychiatric clinics managing involuntary admissions. Particular attention will be paid to psychiatric hospitals and institutions that welcome minors, who will have to adapt decision-making procedures, staff training and infrastructure to the new provisions. Families of hospitalized minors will also see more specific and protective procedures.