Councils want to introduce an anti-sexism penal norm
Published: Wednesday, Dec 18th 2024, 20:10
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Parliament wants to criminalize incitement to hatred and violence based on gender. The Council of States has agreed to this request with six identical parliamentary initiatives, at the request of a minority.
The small chamber reached its decision on Wednesday by 21 votes to 18, with two abstentions. It thus followed the proposal of a minority of its Legal Affairs Committee (RK-S). The National Council's Legal Affairs Committee (RK-N) can now prepare a draft bill.
The National Council supported the six initiatives from the SP, Greens, GLP, Center Party, FDP and EPP a year ago. Specifically, it advocated the addition of the word "gender" to Article 261bis of the Criminal Code, the so-called anti-racism penal provision. Violations of this provision would be punishable by up to three years' imprisonment or a fine.
"Violence arises from words"
According to the current legal situation, the criminal provision covers incitement to hatred and discrimination against people on the basis of their race, ethnicity, religion or sexual orientation.
In the Council of States, the minority that wanted to do the same as the National Council prevailed. Calls for violence and hatred on the grounds of gender should be just as intolerable as racist, anti-Semitic or homophobic calls for violence. The courts are reluctant to apply the anti-racism criminal standard.
Minority spokeswoman Mathilde Crevoisier Crelier (SP/JU) recalled a banner displayed at a football match with the slogan "Winti Frauen figge und verhaue". The authors of the call had been acquitted in court. "Violence comes from words," Marianne Binder (center/AG) followed up.
If a bill is drafted, it could define what exactly is meant by the term "gender", said Binder. "An appeal to misogyny and misogyny is not an opinion and must be punishable by law," said Maya Graf (Greens/BL).
Fears of judicial overload
Although the losing majority acknowledged that there was a problem, they also feared that the judicial system would be overburdened, meaning that more serious cases could not be judged. It also criticized the fact that the concept of gender was not defined clearly enough. Freedom of expression was also at risk.
"Whether, for example, a misogynistic or anti-male joke is punishable or not is difficult to answer," said Beat Rieder (center/VS). Criminal law does not serve to teach people decency and morality.
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