Domestic violence faces tougher legislation

One in five women falls victim to domestic violence in Switzerland swissinfo.ch

Swiss victims of domestic violence are set to receive more protection as new legislative measures go into effect on July 1.

But specialists are warning that while the new rules, which include the possibility of excluding violent partners from homes, represents major progress, it will not be effective unless the cantons are prepared to apply it fully.

As of Sunday, victims of violence, threats or harassment will no longer have to leave their residence to protect themselves. They will be able to ask a judge to expulse their violent partner for a predetermined period of time.

The court will also be able to impose a restraining order on the violent person, preventing them from coming into contact with the victim at home, within a defined perimeter as well as on certain streets or places. Telephone calls and written messages are also out of the question.

Restraining orders will also be issued in cases of stalking.

For Stella Jegher of Amnesty International Switzerland, the legal changes, which had been demanded a long time ago, represent a big step forward. But she warns that tweaking the law is not enough alone.

“Any effects will depend on how the cantons implement the new legislation,” she told swissinfo. “Some of them already had a similar law, but others will have to adapt.”

Cases of domestic violence are already automatically prosecuted if the police intervene. Officers are normally trained to respond to this type of situation and victims do not have to file a complaint.

For Jegher, who is responsible for Amnesty’s ongoing campaign opposed to violence against women, the cantons will also have to ensure that there is an established support network for victims so they can make the right decisions concerning their future.

“It’s not enough to let them stay in their homes alone,” she said.

Foreign victims

Jegher also warns that one group was forgotten by the legal changes: foreign women.

“There is no specific protection for these women,” she said. “They are often afraid of complaining because they worry that they will lose their resident status, which is linked to their partner’s job.”

Swiss residence permits are usually granted to foreigners only if a person has a job. Parliament refused in the legislation a proposal to include specific conditions for foreign women.

However, Switzerland’s recently adopted law on foreigners allows the cantons to grant a residency permit in extreme cases.

Mentality

Jegher adds that domestic violence is not about to go away.

“The changes might make some partners think twice about the way they act and heighten awareness about this issue, but it will not be enough,” she told swissinfo.

“It’s a problem of mentality. There’s still plenty of work to be done with men before we make any real progress against domestic violence.”

Stopping or at least reducing this problem will require the input of all civil society – not least that of politicians, specialists and teachers.

“It will not be enough to convince adults that violence is a bad option,” said Jegher. “We need to make 16- and 17-year-olds aware before it becomes an issue.”

swissinfo, Scott Capper

Key facts

Studies show that one in five women in Switzerland falls victim at least once in her life to domestic violence – physical or sexual violence.
Four out of ten women have faced mental abuse.
Physical violence is almost always accompanied by mental violence.
Other studies estimate that five to ten per cent of men are victims of domestic violence.

Domestic violence

A person is considered to be in a situation of domestic violence is his or her physical, mental or sexual integrity is threatened or violated by someone in the family circle, or a present or past partner.

Domestic violence is characterised by violence or threats of violence, but also by repeated insults or harassment.