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GAY RIGHTS

Switzerland divided ahead of homophobia referendum

For gay rights campaigner Jean-Pierre Sigrist, the new law being voted on in a referendum in Switzerland on Sunday might have stopped him getting beaten up four decades ago.

Switzerland divided ahead of homophobia referendum
Photo: FABRICE COFFRINI / AFP

“And maybe I would not have been laughed at when I went to the police,” said the 71-year-old, who believes the law will be “an added safeguard against homophobia”.

The new law would widen existing legislation against discrimination or incitement to hatred on ethnic or religious grounds to include sexual orientation.

The change was passed by the Swiss parliament in 2018. But the populist rightwing Swiss People's Party (SVP) and the Federal Democratic Union of Switzerland (EDU), a small party based on Christian values, are opposed.

Critics of the law, who have forced a public referendum on the issue, believe it will end up censoring free speech.

Eric Bertinat, a UDC local lawmaker in Geneva, told AFP that he believed the law was “part of an LGBT plan to slowly move towards same-sex marriage and medically assisted reproduction” for gay couples.

UDF chief Marc Frueh has called it a “censorship law”. But Sigrist, founder of Switzerland's association of gay teachers, said it would counter growing intolerance.

The retired teacher said he supports freedom of expression, “but not the freedom to say anything at all”.

All of Switzerland's major parties except the UDC, the biggest political force in parliament, support the law.

No to 'special treatment'

Under the new law, homophobic comments made in a family setting or among friends would not be criminalised.

But publicly denigrating or discriminating against someone for being gay or inciting hatred against that person in text, speech, images or gestures, would be banned.

The government has said it will still be possible to have opinionated debates on issues such as same-sex marriage, and the new law does not ban jokes — however off-colour.

“Incitement to hatred needs to reach a certain level of intensity in order to be considered criminal in Switzerland,” Alexandre Curchod, a media lawyer, told AFP.

But he admitted that there could be exceptions “if it can be shown that, under the cover of artistic production or joking, someone is in fact engaging in incitement”.

Gay rights campaigners are divided over the legislation. A group called “No to Special Rights!” is opposed, arguing that the gay community does not need special protection.

“I fight for the acceptance and normalisation of my sexuality. But for me that also means not asking for special treatment,” said Michael Frauchiger, co-head of the group.

Opinion polls show that the Swiss as a whole are broadly in favour of the law, but that the margin between supporters and opponents has narrowed in recent months.

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REFERENDUM

What were the results of Switzerland’s cantonal referendums?

Along with national referendums, some Swiss cantons also held their own votes. Among the most contentious ones took place in Geneva, including around rights to vote for foreigners.

What were the results of Switzerland's cantonal referendums?

Swiss citizens in the French-speaking canton weighed in on some hot button issues on Sunday.

One concerned extending voting rights for foreigners

Specifically, the initiative called for foreigners who have lived in the canton for at least eight years, to be able to vote and stand as candidates for political offices at the cantonal level — a move that, if accepted, would make Geneva the first canton to grant non-Swiss citizens such sweeping rights.

(Neuchâtel and Jura allow foreigners to vote at cantonal level, but not stand for election).

However, on Sunday, voters heeded the recommendation of the Geneva parliament, which said that “the only path for foreigners to obtain full political rights is through naturalisation.”

The initiative was refused by 61 percent of voters.

However, 84.7 percent of voters were in favour of another cantonal proposal: to ban “the exhibition or wearing of symbols, emblems and any other object of hatred, particularly Nazi, in public spaces” in Geneva.

Voters also refused to change the current law on assisted suicide in elderly-care facilities.

While assisted suicide is legal throughout Switzerland, some cantons, like Vaud and Valais, also authorise public care facilities o allow this practice, as long as all the legal conditions are met.

Also in Geneva, such a legislation had prevented care facilities from banning assisted suicide on their premises.

However, cantonal parliament suspended these provisions, prompting an assisted suicide organisation, EXIT, to bring the issue to the polls.

Just over 76,5 percent of voters cast their votes in favour of maintaining the current system.

READ ALSO: Do Swiss cantons have different rules on assisted suicide?

What about other cantons?

Referendums were held in some cantons only.

In Fribourg, for instance, voters had to decide on constitutional initiative which sought to  ensure a public hospital emergency service operating 24 hours a day, 7 days a week, throughout the entire canton.

This initiative was driven by the cut in health services on the outskirts, which caused an increase in emergencies and an overload of cases in the hospitals in the city of Fribourg.

However, 62.8 percent of voters rejected this initiative. Instead, they favoured their parliament’s counter-proposal to improve access to health services for all residents of the canton.

And in Zug, 59.5 percent of voters said no to an initiative calling for a “safe, direct and continuous bicycle network” to be implemented in the canton by 2030.

Instead, voters agreed with their government’s argument that most of the initiative’s concerns have already been met because the canton has been working on improving the cycle path network for years.
 

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