Federal
Law and Homosexuality:
Federal law guarantees the basic human rights of
personal liberty including those rights not explicitly
mentioned in the constitution. In 1992, those basic
rights were confirmed explicitly to include the right to
homosexuality. Basic rights are guaranteed to minors (18
years old) and to adults.Anti-discrimination:
Anti-discrimination statutes forbid discrimination
based on sexual orientation. However, those who practice
discrimination can rarely be brought to court.
Switzerland's ancient federal law contains no special
mention of protection for gays and lesbians. Separate
Cantons (Appenzell, Ausserhoden, Bern), nevertheless,
have more progressive laws that specifically protect gays
and lesbians from discrimination.
Age of Consent:
The age of consent for gay sex is 16 years old. If
there are no more than three years between the
participants, one or both may be under 16 years. At 17,
you can take a 14-year-old to bed and go unpunished! But
if you are 19, you must keep your hands off any
15-year-olds!
School/University:
Homosexuality is not a ground for dismissal or
disciplinary action; this rule applies to teachers and
students alike. Behaviors that are forbidden and
punishable apply to gays and straights as well.
Indenture/Work:
You cannot be dismissed from employment because of
homosexuality. Nor can an employer dismiss you because
the "general harmony" of the workplace is
disturbed by your homosexuality.
If you receive a dismissal notice, demand a written
explanation for the dismissal and consult a lawyer. If
homosexuality is mentioned as a reason for dismissal, the
action is illegal. This principle, however, will not
insure you're getting your job back. You merely have claim
for compensation.
Unfortunately, many employers still have prejudices
against gay people. When you scout for employment, it is
inappropriate and, perhaps self-defeating, to declare
your homosexuality outright to your prospective employer.
If the employer asks about your sexual orientation, do
not refuse to answer. Rather, in self-defense, and
assuming you want the job, call yourself heterosexual to
make your prospective employer content. If he or she
later discovers you to be gay, that factor alone cannot
be grounds for dismissal.
Rent
The principle operating in lease agreements is
similar to work rights. Homosexuality cannot be a reason
for giving notice. You are even permitted to have a
friend living in the same apartment if you notify your
landlord of the additional person. If you believe your
rental rights have been violated and you have been given
an eviction notice because of your homosexuality, demand
that such notice be justified in writing and take the
notice to the Mediation Board for Rental Matters. The
notice of eviction will then be lifted, and you can go on
living where you have been. If you and a gay partner are
searching for an apartment and doubt a particular
landlord will accept you, the financially stronger of the
two should rent the apartment in his name independently;
soon after moving in, you may bring your partner in to
share the place.
Domestic Partnerships:
You may form a domestic partnership without having a
written agreement. If you want something in writing,
"Right Tips for Same Gender Partnerships"
recommends a model agreement form. You will need some
form of written legal documents, however, to cover
situations when a partner is ill or dying. Partners
should consult a gay attorney for further information on
these matters. Matters of inheritance and legal powers
are quite important in critical situations and can lead
to serious conflict if not settled early on.
"Faggot! Gay
Swine!":
Anti-gay violence, harassment, insult, defamation, or
forcible assault on gays (or on straights) is punishable
by law. When you make an accusation or claim to a police
office, you are granted a lawyer to represent your case.
Canton Zurich also has a Help Center for male victims of
sexual violence. The Help Center, along with the city
police and the district court, is building a network of
assistance for victims of gay violence.
| If you would like to receive more
Information about the gay rights situation in
Switzerland, please visit the website of Pink
Cross |
|