Councils agree on protection for foreign victims of violence
Published: Wednesday, May 29th 2024, 10:40
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Foreign victims of domestic violence will be better protected in Switzerland in future. They will no longer lose their residence status if they leave a violent relationship. Instead, the hardship clause applies to them. On Wednesday, the Council of States resolved the last differences with the National Council on the bill.
In the end, the only controversial issue was the exact criteria on which the authorities should base their determination of victim status.
The National Council originally wanted it to count as evidence of domestic violence if someone sought advice from a specialist agency. However, a majority in the Council of States felt that this would lower the hurdle for proving domestic violence too much.
Compromise agreed
On Wednesday, the small chamber accepted a compromise proposal from the National Council by 36 votes to 7 with five abstentions. According to this proposal, victims of violence should be considered to be those who receive support from a specialist agency or seek protection in a specialized facility, such as a women's shelter. Seeking counseling, on the other hand, is not enough.
Following the decision by the Council of States, the matter is now ready for the final vote. The bill was drafted by the National Council's Political Institutions Committee (SPK-N). It defines the concept of domestic violence in concrete terms. Criteria for determining domestic violence are listed in the law as examples. The last remaining difference concerned this very list.
Among the indications of domestic violence mentioned are that someone was recognized as a victim under the Victim Assistance Act, had to receive medical treatment, or that the police had to intervene in one case.
Social change
A further innovation takes account of social change. The new provisions apply not only to married couples, as was previously the case, but also to their children, to people in registered partnerships and - under certain conditions - to cohabiting partners.
The cantons must implement the new rules. However, as with cases of personal hardship, they are only allowed to apply the rules with the consent of the federal government. Victim status does not automatically lead to the right to stay. Rather, the law still provides for a case-by-case assessment.
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