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SWISS REFERENDUM

EXPLAINED: Why Switzerland has not banned ‘gay conversion therapy’

Banned in several other countries across the globe, so-called ‘gay conversion therapy’ remains legal in Switzerland.

Published: 16 February 2022 11:20 CET
So-called 'gay conversion therapy' is still legal in Switzerland. Photo by Kelly Sikkema on Unsplash
So-called 'gay conversion therapy' is still legal in Switzerland. Photo by Kelly Sikkema on Unsplash

In September 2021, almost two thirds of Swiss voters approved a proposal via referendum to allow same-sex marriage in Switzerland. 

The law will come into effect from mid-2022 onwards. 

READ MORE:UPDATE: Swiss voters say big ‘yes’ to same-sex marriage

Despite this, therapies to “cure” homosexuality remain legal across Switzerland. Similar therapies have been banned in neighbouring Germany and France in recent years. 

While actual instances of this therapy are relatively rare, there have been increasing calls for a ban in recent decades. 

Why is ‘gay conversion therapy’ still legal in Switzerland? 

The answer, as with many questions in Switzerland, comes down to the country’s federal-cantonal system along with conservative voices still maintaining a prominent role in society. 

While several cantons including Basel, Bern and Zurich have indicated a desire to stamp out the practice, bans are difficult at a cantonal level. 

‘Deviance and morality’: The history of the same-sex marriage movement in Switzerland

Basel City has banned the practice, but authorities in Bern and Zurich believe that such bans can only take place at a federal level. 

There is also political opposition to change, particularly among the right-wing Swiss People’s Party (SVP), which remains Switzerland’s largest and most popular political party. 

David Trachsel, President of the young SVP, said such therapies should remain legal as they were not mandatory and were only made available to those who sought help. 

“Anyone who wants help should be able to get it,” Trachsel told Swiss news outlet 20 Minutes. 

Where such therapies were coerced, then Trachsel said bans and further consequences should be implemented. 

“If the person takes part in such therapy due to external pressure, then this must be prosecuted.”

Sarah Wyss, from the Social Democrats, said the therapies were outdated. 

“To describe homosexuality as ‘curable’ is catastrophic.”

Wyss’ National Council colleague, from the Green Liberal Party, agreed with Wyss. 

“I don’t understand what there is to heal. Nobody is treated because they prefer to eat apples than bananas.” 

She did however decline to advocate for a complete ban, saying such therapies should only be banned for minors. 

“Especially in the case of minors, problems with sexual orientation can actually only be attributed to social conflicts.”

Will these therapies be banned in the future? 

As yet, the legal validity of a canton-only ban has not been tested, although Bern and Zurich authorities believe a federal solution is needed. 

The most recent effort to ban the therapies for minors only took place in 2016 federally, although the Swiss Federal Council at the time said it saw “no possibility or need for action specifically aimed at protecting minors from therapies against homosexuality”.

Authorities in Basel City have launched an initiative to have the practice banned, which may result in a federal vote on the matter. 

READ MORE: Same-sex couples can marry from July 1st in Switzerland

According to the initiative, Basel City authorities want conversion therapy to be banned, those who practice it (i.e. therapists and preachers) to face bans and further consequences to be laid out for those who continue to practice it. 

Trachsel said he opposed this plan as it led to a blanket ban on all forms of therapy related to sexuality, which could lead to people being prosecuted despite helping those who asked for assistance. 

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SWISS REFERENDUM

‘Historic step’: What to know about Geneva’s plan to extend parental leave

Geneva residents have voted for a 24-week paid leave package for new parents — the first Swiss canton to do so.

Published: 20 June 2023 12:25 CEST
‘Historic step’: What to know about Geneva's plan to extend parental leave

Nearly 58 percent of the canton’s voters on Sunday June 18th greenlighted the proposal put forward by the Green Liberal Party to grant new parents a paid leave that is six weeks longer than the current (cumulative) period allowed by the law (read more about this below).

“It is an immense joy, a historic progressive step,” Aurélien Barakat, president of the Geneva Green Liberals, said on social media after the results of the vote emerged. 

However, the new legislation must still be approved by the parliament during its autumn session, so the victory at the polls is still tentative at this point.

What would the new law provide for?

In short, it would give new parents in the canton — including homosexual couples and adoptive parents — more time at home with their baby.

Currently, Geneva mothers get 16 weeks of leave (versus 14 weeks provided for by federal law), while fathers benefit from two weeks — the same period as in other cantons.

Under the new law — should it be accepted by the parliament — new parents will benefit from six more weeks at home with their baby.

This leave can be taken either at the same time by both parents for a total of 24 weeks for the two, or one of the parents can grant two weeks of their own allowance to the other, by mutual agreement. In other words, this scheme allows some flexibility.

These additional weeks are to be financed by a joint contribution from employees and employers.

Not everyone, however, is happy about the vote’s results.

“With the approval of this constitutional provision, the purchasing power of the population will decline due to the increase in joint contributions,” toward the parental leave, the Geneva section of the right wing Swiss People’s Party (UDC) said in a statement. 

What is the situation elsewhere in the country?

Parental leave allowances in Switzerland are lagging behind many other European nations. 

The reason is that the country has a strong history of individual responsibility, which promotes the idea that the state (or employer) should not pay for people choosing to have children.

Mothers here are entitled to 14 weeks leave and fathers to two.

During the 14-week (or 98-day) leave of absence, mothers in Switzerland are entitled to be paid 80 percent of their salary, up to a maximum of 196 francs a day.

But while the paid maternity leave was established in Switzerland in 2005 — years later than in the EU — fathers had to wait much longer to get that same (though more time- limited) right.

That changed on September 27th, 2020, when 60 percent of Swiss voters decided in favour of a two-weeks paternity leave.

As far as compensation, fathers can receive a maximum of 2,744 Swiss francs during their two weeks of leave with the money to be paid under the state-run compensation scheme. 

READ ALSO: What parental leave are new parents entitled to in Switzerland?

All this shows why Geneva’s move is truly pioneering for Switzerland, although it is still far behind the benefits accorded to new parents in other countries — in France, for instance, new mothers are entitled to receive up to 26 weeks of leave, and in Sweden both parents can benefit from 480 days off.

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