Whether the appellant could avoid compulsory health insurance affiliation on the basis of contractual freedom and human rights.
No. Swiss constitutional and statutory law expressly allow mandatory health insurance for persons domiciled in Switzerland, subject to exceptions not shown here.
Art. 117 Cst. authorizes compulsory health insurance; Art. 3(1) LAMal imposes general insurance coverage. The Universal Declaration of Human Rights is declaratory and non-binding. The legislative choice pursues public interest and is proportionate; the court may not review the political expediency of this scheme without breaching separation of powers.