SHARE
COPY LINK

RACISM

‘Foreign pig’ not racist: Switzerland’s top court

Calling someone a "foreign pig" or "dirty asylum-seeker" is insulting but is not against Switzerland's anti-racism law, the country's top court said in a ruling released on Friday.

'Foreign pig' not racist: Switzerland's top court
Photo: AFP/Getty Images

The supreme court found in favour of a police officer who had used the slurs when he arrested an Algerian suspected thief.
   
The incident took place at a trade fair in the northern city of Basel in April 2007, where the Algerian was detained for allegedly snatching a Russian man's bag.
   
After checking the suspect's identity papers, the policeman discovered that he was an asylum-seeker and proceed to insult him.
   
As a result, the officer received a suspended fine for breaking the country's anti-racism laws.
   
After the penalty was overturned by another court, the case worked its way up to the top of the Swiss justice system.
   
The Lausanne-based federal court said that while such terms were clearly insulting, they were too broad to fall foul of anti-racism rules because they did not target a particular ethnic group, race or religion.
   
It also said calling someone "dirty" — even if the individual's nationality was mentioned — was not against the anti-racism law.

The court ruling was published as the UN Committee for the Elimination of Racial Discrimination (CERD) in Geneva issued its findings from a review of Switzerland's record, a regular procedure for signatory states.

CERD member Anastasia Crickley, who was in charge of the review, said of the court ruling: "It sounds to me like a very good case for the recommendation that we have made, that what's needed in Switzerland is a clear definition of direct and indirect racial discrimination and legislation."
   
She said the CERD was also concerned about referendums in Switzerland on toughening immigration and asylum rules and banning the construction of Muslim minarets.
   
On February 9th, Swiss voters narrowly approved scrapping rules that gave European Union citizens free access to their labour market after campaigners argued the neutral country was being "swamped" with immigrants.
   
"Migration laws are needed, but we're concerned at the increasingly protectionist way in which these are being encapsulated and presented, and the xenophobic tone overall that tends to be associated with them," Crickley said.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

RACISM

Why are racist incidents on the rise in Switzerland?

Switzerland’s Federal Commission against Racism (EKR) announced this week that the number incidents of racism reported to it rose by almost a quarter in 2023.

Why are racist incidents on the rise in Switzerland?

In a new report published on Sunday, the EKR revealed that 876 incidents of racism had been reported to the body. In comparison, 708 incidents were reported to the EKR in 2022. 

That reflects a rise of 24 percent in the number of reported incidents.

The current conflict in the Middle East was highlighted explicitly as fuelling the rise in incidences of racism.

Some 69 reports related to anti-Arab racism, while anti-Muslim xenophobia was cited in 62 reports. There were also 46 incidents of anti-semitic abuse recorded last year

Read More: Switzerland acknowledges ‘systemic racism’ in the country

Another section of the report significantly identified right-wing populist political campaigns as a significant motivator of racist hate, promoted through flyers with xenophobic slogans or visual tropes. 

Discrimination based on nationality or ethnicity constituted the largest share of reports at 387 reports, followed by anti-black racism with 327 documented incidents.

Additionally, 155 reports related to a person’s legal right to remain in Switzerland, while 137 reported discrimination based on gender. 

Read More: Are foreigners in Switzerland likely to experience some form of racism?

The EKR report also identified where these racist incidents were most likely to occur: Educational institutions, such as schools and universities, were the most frequent locations for incidents at 181 reports, followed by the workplace at 124 incidents and open public spaces at 113. 

With almost two hundred of the 876 reported incidents taking place at schools and universities, Ursula Schneider-Schüttel, President of the EKR, had words of warning: 

“One finding from the report in particular deserves our attention: reports of racial discrimination at school are at the forefront this year. This is worrying.

“School should be where children and young people are protected from discrimination.

“We must therefore ask ourselves what responsibility educational institutions have in ensuring a non-discriminatory learning environment and what it takes to achieve this responsibility can be met.” 

SHOW COMMENTS