Questão jurídica principal
Whether stopping social assistance after the appellant received AHV early pension and supplementary benefits violated Art. 12 BV or cantonal social welfare law.
Decisão extraída
No. Art. 12 BV guarantees only a minimum subsistence entitlement, which was satisfied by the social insurance benefits. Under cantonal law, social assistance is subsidiary to obtainable legal entitlements, and requiring the appellant to claim them was not arbitrary.
Fundamentação extraída
The court held that social rights generally do not trigger the full freedom-rights limitation test. The cantonal provisions expressly make assistance subsidiary to other available claims. Because the reduced early pension was offset by supplementary benefits, and the appellant did not show a definitive disadvantage at ordinary retirement age, the cessation was permissible.