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HOMOPHOBIA

EXPLAINED: The Swiss referendum that could criminalise homophobia

Swiss residents eligible to vote are set to head to the polls in February to vote on a law which criminalises homophobia. This is what you need to know about the vote.

Published: 8 February 2020 10:01 CET
Updated: 8 February 2020 11:01 CET
EXPLAINED: The Swiss referendum that could criminalise homophobia
Photo: HANNIBAL HANSCHKE / DPA / AFP

Unlike other forms of discrimination related to race and gender, homophobic discrimination is not criminalised at a federal level in Switzerland. 

The Swiss Government updated the law in December of 2019 to include homophobia under current anti-discrimination statutes, thereby allowing for it to be criminally prosecuted. 

Far-right groups have opposed the move, saying it would serve as a barrier on free speech – gathering the 50,000 signatures necessary to launch a referendum. 

Switzerland will now go to the polls on the 9th of February to vote on the matter – along with another vote on affordable housing. 

READ MORE: Affordable housing: Swiss coalition calls for investment and law reform

READ MORE: Why opposition to cheaper housing is mounting in Switzerland 

Supporters of the criminalisation of homophobia 

Although homosexual relationships are tolerated in much of Switzerland, the country lags behind its neighbours when it comes to affording same-sex groups legal protection. 

The Criminal Codes of France, Austria, Denmark and the Netherlands, among others, include prohibitions on homophobic actions and words. 

Protesters in Zurich. Image: Fabrice Coffrini

In addition to having no criminal restrictions on homophobia, same-sex marriage is still not legal in Switzerland – a fact which stands out when compared to (most of) its neighbours. 

Advocates of the ban argue that even where relationships are accepted, the failure to recognise them legally in an equal fashion leads to feelings of shame and in some cases self harm and suicide – particularly among younger people. 

Young gay and lesbian people are two to five times more likely attempt suicide than heterosexual people in Switzerland. 

And those opposed?

The major opponent of the new law is the Federal Democratic Union, a hard-right, religious party with little popular support. 

Despite the party securing the 50,000 signatures needed to hold a referendum, it only commands around one percent of the national vote and has less than 3,000 members. 

The FDU have argued that the law restricts freedom of speech and puts people at risk for sanction if the debate issues surrounding same sex relations. 

In an interview published with Swiss website Swissinfo, the FDU distinguished between laws which restricted racism and those which restricted homophobia, saying that those in the latter category were not at risk of genocide. 

READ MORE: Switzerland drops down European gay rights ranking

No homo(phobia)? How do the Swiss feel on same-sex relationships 

Despite widespread liberal attitudes to homosexuality in Switzerland, portions of the electorate remain opposed. 

A poll from January 2020 showed one in ten Swiss consider homosexuality to be immoral, while more than 20 percent of the electorate indicated they were against same-sex marriage. 

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While this may represent a small portion of the electorate, the country is strong on issues of free speech – with the 50,000-strong petition to hold the referendum a clear indication that the outcome is anything from decided.  

Member comments

  1. Worldwide, here’s what the “protect free speech” goons are REALLY saying:

    “Duh, drool, it’s mah ‘right’ to threaten, bully and provoke hatred agin’ anybody’s who different from ME. Duh, especially all them thar preverts.”

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REFERENDUMS IN SWITZERLAND

Swiss voters approve boost to pension payments

Swiss voters on Sunday overwhelmingly backed a proposal to increase pension payments, a move hailed as "historic" by backers at a time when the country's ageing population faces surging living expenses.

Published: 3 March 2024 08:07 CET
Updated: 3 March 2024 17:03 CET
Swiss voters approve boost to pension payments
A call by trade unions to add a 13th monthly pension payment each year secured nearly 60 percent backing, final results showed.
 
But a separate vote to raise Switzerland’s retirement age to 66 from 65 was soundly rejected by three-quarters of voters.
 
The AVIVO pensioners’ association hailed the pension increase as “a historic victory”.
 
Switzerland’s Greens Party also celebrated a “significant victory… for the many retirees who will see their situations improve”.
 
While opinion polls had indicated strong popular support for the “Better living in retirement” proposal, suspense had lingered on whether it would secure the necessary majorities in most of Switzerland’s 26 cantons.
 
But in the end, the initiative won the double-majority needed to pass, with backing from 58.24 percent of voters and 16 cantons.
 
Ten cantons rejected the move, the results showed, while support soared above 70 percent in six cantons, including over 82 percent in the western Jura region.
 
 
Sunday’s vote marks the first time that Swiss voters have accepted a popular proposal to alter the country’s social security system, according to the ATS-Keystone news agency.
 
It is also the first time Swiss trade unions have succeeded in pushing through an initiative at the polls under the country’s direct democratic system.
 
‘Soaring costs’

The “Better living in retirement” proposal calls for a 13th monthly pension payment each year, similar to the “13th month” salary many employees receive in Switzerland and other European countries.

Monthly social security payments in Switzerland can rise to 2,450 Swiss francs ($2,780) for individuals and 3,675 francs for married couples.

READ ALSO: What is Switzerland’s 13th-month pension plan and why are they voting on it?  

The payments do not go far in a country consistently ranked among the most expensive in the world.

Rent for a typical two-bedroom apartment in Swiss cities is at least 3,000 francs, and a coffee costs upwards of five francs.

“There is a purchasing power crisis,” said Pierre-Yves Maillard, head of the Swiss Trade Union Federation (SGB) and part of the “yes” campaign.

“Retirees are seeing their living standards erode,” he told AFP last week.

“The cost of living just keeps soaring,” agreed Jakob Hauri, a retiree quoted by the campaign.

People power

Left-leaning parties supported the initiative, which was fiercely fought by right-wing and centrist parties, as well as the Swiss government and parliament.

The government warned the proposed hike would cost more than four billion Swiss francs a year, which would require tax increases and could threaten the financial stability of the social security system.

It also said there would be limited social benefit from the proposed change, which would hand additional payments to all pensioners, regardless of their financial situation.

“If the initiative passes, a lot of retirees will receive a 13th social security payment even though they don’t really need it,” the government warned.

But the Swiss Trade Union Federation (SGB) said Sunday’s vote results “clearly show that the government, a majority of the parliament and employers have for too long ignored the pension problem”.

Its chief, Pierre-Yves Maillard, told public broadcaster RTS on Sunday that the win was “a wonderful message to all those who have worked hard all of their lives”.

It is proof, he said, that “it is the people who have the power in Switzerland”.

Retirement age unchanged

A second issue on the ballot Sunday seeking to raise the retirement age was soundly rejected.

A full 74.72 percent of voters turned down the proposal by the youth branch of the right-wing Liberal Party to gradually raise the retirement age from 65 to 66 over the next decade, a moved aimed at ensuring full financing of the pension system.

A majority of voters in every Swiss canton rejected the proposal, which came less than two years after voters narrowly opted to raise the retirement age for women from 64 to 65, to match the retirement age for men.

Voter participation is generally low in Switzerland’s popular votes, which are held every few months, and rarely inches above 50 percent.

But Sunday’s issues sparked heated debate and participation reached more than 58 percent.

 

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