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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

What costs could Swiss residents face if health insurance votes don’t pass?

On June 9th, Swiss voters will weigh in on two proposals intended to curb the cost of the health insurance. What could happen if they are rejected?

Published: 21 May 2024 12:41 CEST
What costs could Swiss residents face if health insurance votes don't pass?

Both citizen-driven initiatives aim to cut the costs of the obligatory health insurance (KVG / LaMal), which have been climbing for years.

The first proposal calls for capping the insurance rates at 10 percent of income, with the excess be paid for by the federal and cantonal governments.

The second, on the same ballot, 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.

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

What could happen if the proposals fail to gain the majority of votes?

The Swiss Trade Union (USS) estimates that if the two initiatives are rejected by voters, a family of four would have to pay 27 percent more for their health insurance by the year 2030.

These calculations are based on official government figures, the USS said.

A premium for a single adult would also increase — from 430 to 540 francs a month on average — and would likely be even higher in certain cantons, because how much of your income is spent on health insurance is determined by your place of residence. 

For instance, based on figures from the Federal Office of Public Health (FOPH) and research carried out  by Ecoplan independent political and economic consultancy, a family with two young, pre-school-age children and a net income of 97,992 francs a year, will spend the biggest chunk of their income (16.5 percent) on health insurance in Basel-City.

Next are Neuchâtel (14.9 percent) and Bern (13.2 percent).

On the other hand, in Zurich, Switzerland’s (and the world’s) most expensive city, that proportion is 12.2 percent — still high, but lower than in a number of other cantons.

As a comparison, that rate in the canton of Graubünden is only 6 percent.

READ ALSO: In which Swiss cantons is most income spent on health insurance? 

But even despite the risk of much-higher premiums in the future, the Federal Council and the parliament are urging voters to reject both proposals, arguing they will not sustainably solve the soaring costs of healthcare.

Instead, they have concocted their own ‘counter-initiative’ to the two proposals that they want voters to approve.

They include having cantons increase the amount of financial help they pay toward health premiums for low-income people, and providing for more targeted measures, including specific cost control objectives for healthcare services. 

Are the two proposals more likely to be approved or turned down?

In April, GFS research institute found that 60 percent of respondents in its survey approved the initiative to cap premiums at 10 percent of income, while 36 percent were against it. The rest was undecided.

However in a more recent poll, carried out at the beginning of May by Sotomo institute, the ‘yes’ camp was smaller: 56 percent of voters were in favour of the initiative and 40 percent were against.

Here too, 4 percent were undecided.

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