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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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For members

HEALTH INSURANCE

How Switzerland’s two crucial health insurance referendums could impact you

The price of Swiss health insurance premiums has been rising significantly in the past few years, prompting political parties to launch two cost-cutting initiatives. The votes will take place in June and there's a lot at stake.

Published: 24 April 2024 15:33 CEST
How Switzerland's two crucial health insurance referendums could impact you

On June 9th, the Swiss will cast their votes on two issues aiming, though in different ways, to curb the continually increasing cost of the obligatory health insurance (KVG / LaMal).

This is what’s at stake.

The ’10-percent’ initiative

In view of the high (and rising) premiums and other costs of living, which eat up a big chunk of the budgets of low- and middle-income consumers, the Social Democratic Party has spearheaded a national vote to cap the insurance rates at 10 percent of income.

Anything over this limit should be paid for by the federal and cantonal government, the party says.

While this strategy may sound enticing to everyone tired of paying high premiums, the government warns that while this proposal looks good on paper, the ‘yes’ vote could unleash some serious consequences.

Its main argument is that this measure would cost several billion francs per year, and does not provide any incentives to control health costs.

Instead, the Federal Council and the parliament have concocted their own ‘counter initiative’ that they want voters to approve.

Under this proposal, cantons will have to increase the amount of financial help they pay toward health premiums for low-income people. 

READ ALSO: How do I apply for health insurance benefits in Switzerland?

‘For Lower Premiums’ initiative

For its part, the Centre party has come up with its own proposal to reduce health insurance costs, which will also be voted on June 9th.

It provides for a ‘brake’ on health costs, which should evolve according to the economy and wages.

This brake would work in the same way as the federal spending brake. Therefore, when healthcare costs exceed wages for a given year by 20 percent, the government must take action to bring the  costs down.

The government is asking voters to turn down the Centre’s proposal because it doesn’t take into account factors such as demography, technological progress in healthcare, as well as the dependence of salaries on economic developments.

Here too, the Federal Council and parliament have put out their own counter-project, providing for more targeted measures, including specific cost control objectives for healthcare services.

Are there any other proposals on the table aiming to curb the cost of insurance premiums?

Yes.

While they are not on the ballot, two ideas have been debated in past months.

One calls for scrapping multiple private carriers  in favour of a government-run single health insurance scheme, similar to that in the EU. 

The other idea floating around is to replace the current system where rates are determined by factors such as age and canton of residence, and base them on wages instead. 

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