First Yes to more protection for foreign victims of domestic violence
Published: Tuesday, Dec 19th 2023, 10:10
Updated At: Tuesday, Dec 19th 2023, 10:10
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Foreign victims of domestic violence should be better protected in Switzerland. Victims with a residence or short-term residence permit or who have been temporarily admitted are currently threatened with the loss of their residence papers if the marriage is dissolved.
On Tuesday, the National Council voted in favor of amendments to the Foreign Nationals and Integration Act (FNIA) by 129 votes to 65. In future, it wants to guarantee hardship cases in cases of domestic violence and regulate the stay of victims in Switzerland. Next up is the Council of States.
The SVP did not want to support the bill, but was defeated with its motion and subsequently with minority motions that sought to tighten the conditions for hardship cases. All other parliamentary groups and the Federal Council supported the proposed changes to the AIG.
Persistence in relationship
The bill was drafted by the National Council's Political Institutions Committee (SPK-N). According to spokesperson Samira Marti (SP/BL), the majority noted that victims of violence often remain in their relationship in order not to lose their residence permit.
Andri Silberschmidt (FDP/ZH) said that it was about the basic human rights of those who could not protect themselves. Many women affected by violence are migrants, added Irène Kälin (Greens/AG). The current legal situation gives perpetrators a means of power that they can use systematically.
Barbara Steinemann (SVP/ZH) countered that courts already protect foreign women affected by violence from deportation. She criticized the bill, which requires residence permits for victims of violence regardless of integration and employment, as going far too far and creating an incentive for abuse.
With the bill, the National Council also wants to specify the term domestic violence and list examples and characteristics of domestic violence in the law. The cantons are to implement the new rules. However, as with personal hardship cases, they should only be allowed to apply the rule with the consent of the federal government.
Also for cohabiting partners
The National Council also wants the new rules to apply not only to married couples as they do today, but also to their children, to people in registered partnerships and - under certain conditions - to cohabiting partners. The Council rejected a proposal by the SVP to remove these from the bill.
The SVP and the Federal Council unsuccessfully requested the deletion of the paragraph that provides for an exception to the integration criteria in cases in which the right of residence of a victim of domestic violence is extended.
This would prevent interpretation difficulties, as the current law already contains an exemption provision in this sense, said Justice Minister Elisabeth Baume-Schneider.
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