(c) by SPOT 25 and AHS Switzerland

GAYS AND THE LEGAL CODE

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

(c) by SPOT 25 and AHS Switzerland