Anchoring non-violent education in the law is welcomed
Published: Thursday, Nov 23rd 2023, 09:50
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The right to a non-violent upbringing is to be explicitly enshrined in the Civil Code. This was largely welcomed in the consultation that ended on Wednesday. The explicit mention of psychological violence is desired.
The Federal Council drew up the draft following a motion from parliament. The bill instructs parents to bring up their children "without the use of corporal punishment or other forms of degrading violence". The Center Party, the Greens, the Green Liberals and the FDP support the inclusion of such a principle in the law. This measure would create clarity and send a strong signal to the population with the aim of bringing about a change in parenting behavior, writes the Centre Party.
The FDP also welcomes the fact that the text clarifies the duties of parents without interfering massively with their educational autonomy. For the SVP, the draft is not necessary as it only has the character of a "guiding principle". The mere fact that Switzerland has been admonished several times at international level to create an explicit legal basis is not enough to approve the draft with its "programmatic character", the SVP states.
Explicitly mention psychological violence
The Conference of Cantonal Directors of Social Affairs (SODK) and the Education without Violence Association welcome the enshrinement of a non-violent upbringing in law. However, they advocate a formulation in the form of a children's right such as "Children have the right to a non-violent upbringing".
With such a formulation, all persons involved in raising children are affected by the ban on violence. The association argues that this point needs to be clarified.
The Green Liberals welcome the fact that the phrase "other forms of degrading violence" can also be used to include psychological violence. For Swiss child protection, these types of violence should be listed in detail in the dispatch. The SODK would also like to see psychological violence explicitly mentioned as the most widespread form of violence.
Importance of prevention
The Federal Council's draft also aims to strengthen prevention. This is also largely welcomed in the consultation process. Help and advice services aimed at parents and children are to be expanded. They already exist, but their nature and accessibility vary from canton to canton. The cantons must ensure that these services are sufficiently available in the event of parenting difficulties.
Although the bill emphasizes that the new standards must be accompanied by awareness-raising and information campaigns, nothing is said about the responsibility and financing of these campaigns, regrets the association "Education without Violence". It advocates a solution in which the federal government is actively involved, either alone or in cooperation with the cantons and private institutions, as is the case with tobacco prevention, for example.
The SODK also believes that a coordinated approach should be taken by the Confederation and cantons at national level to promote prevention, awareness-raising and information. The studies explicitly state that a ban on violence in education alone is not enough to reduce the number of cases.
The SODK and child protection also point out that the prevention of violence in parenting must not be limited to access to counseling centers. Other forms of support, e.g. parent education courses or services that relieve parents, are very helpful and should be reflected in the draft.
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