/ Background on legal measures in Switzerland

/ Structural violence - Switzerland has a National Action Plan on equality of women and men - which also contains a chapter on violence against women.

/ Domestic violence against women is established as a criminal act in Swiss legislation (Art. 55 StGB) however, it is regulated in each canton individually. In most cantons domestic violence is part of the police law. More and more cases are classified as cases of domestic violence.
As part of the «Opferhilfegesetz» (put in force on 1.1.1993), survivors of domestic violence have the right to apply for court accompaniment free of charge which is implemented.
Due to the high number of homicides - especially among intimate partners - a new weapon law is currently being worked on.
Other issues discussed in context with domestic violence are the need to increase protection and support of children witnessing and experiencing violence in the family.

/ Migrant women - Residence permit is linked to marital status. Experts of domestic violence criticize the Swiss law of residence which discriminates migrant women disproportionately.

/ Marital rape (within marriage) is treated as a criminal offence and prosecuted.

/ Sexual harassment is defined as discrimination and thus illegal in the law on equality between women and men (1996).

/ Stalking - In Switzerland stalking is not classified as a criminal offence, however stalking can be prosecuted in combination with other misdemeanours - such as threat, harassment, constraint, etc. For this reason the Swiss anti-stalking order (1.7.2007), which is not part of the criminal but of the civil law, is difficult to implement, especially since psychological violence is not considered a criminal offence in this context.

Source for this English Paper, Page 154 of: Country report 2008. Reality Check on European Services for Women and Children Victims of Violence: «A Right for Protection and Support?» www.wave-network.org