Question juridique clé
Whether the insured person's nomadic way of life must be considered when assessing residual earning capacity under disability insurance.
Solution extraite
Yes. The assessment must account for the traditional nomadic lifestyle and cannot presume sedentary work that would require cultural uprooting.
Motifs extraits
Applying standard statistical wages would assimilate the insured to the majority population and ignore that most statistically available jobs presuppose sedentary life. This would amount to an indirect discrimination incompatible with constitutional and international protection of the lifestyle of the Swiss travelling community.