Current Version
| Region | Switzerland |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | Jul 1, 2020 |
| End Date | now |
| Description | Since 2020, an amendment to Article 261 bis of the Criminal Code (1937) penalises discrimination based on "sexual orientation" in the provision of goods and services. Article 261 bis of the Criminal Code was amended to include “sexual orientation” in the provision that criminalises public denigration, discrimination, or incitement to those actions, as well as the public dissemination of ideologies that aim to systematically denigrate or defame members of a protected group. |
| Sources | https://database.ilga.org/switzerland-lgbti https://www.fedlex.admin.ch/eli/cc/54/757_781_799/en https://www.fedlex.admin.ch/eli/cc/43/359_375_369/de |
Revision History (3)
Revision by Nathan. Improvements
| Old Value | New Value (Current) | |
|---|---|---|
| Description | Discrimination is only illegal for sexual orientation and not gender identity. | Since 2020, an amendment to Article 261 bis of the Criminal Code (1937) penalises discrimination based on "sexual orientation" in the provision of goods and services. Article 261 bis of the Criminal Code was amended to include “sexual orientation” in the provision that criminalises public denigration, discrimination, or incitement to those actions, as well as the public dissemination of ideologies that aim to systematically denigrate or defame members of a protected group. |
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| Sources | https://www.fedlex.admin.ch/eli/cc/54/757_781_799/en https://www.fedlex.admin.ch/eli/cc/43/359_375_369/de | https://database.ilga.org/switzerland-lgbti https://www.fedlex.admin.ch/eli/cc/54/757_781_799/en https://www.fedlex.admin.ch/eli/cc/43/359_375_369/de |
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Revision by jalves_CH. In 2020, legal changes were applied in the Swiss Criminal Code (StGB) and in the Military Criminal Code (MStG). Federal Constitution of the Swiss Confederation: It is open for interpretation whether "lifestyle" ("Lebensform") includes sexual orientation. "Sexual orientation" or "gender identity" are nonetheless not metioned in the Constitution.
| Old Value | New Value | |
|---|---|---|
| Start Date | Apr 18, 1999 | Jul 1, 2020 |
| Sources | http://www.admin.ch/ch/e/rs/1/101.en.pdf | https://www.fedlex.admin.ch/eli/cc/54/757_781_799/en https://www.fedlex.admin.ch/eli/cc/43/359_375_369/de |
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Revision by CHR0LL0PH0BICCC
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Illegal | Illegal in some contexts |
| Description | Discrimination is only illegal for sexual orientation and not gender identity. | |
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Reports (7)
- Status is not correct "In 2020 referendum to protect lgbt right in constitution, approuve by the people "
- Status is not correct "Only discrimination and hate speech based on sexual orientation is illegal, not gender identity"
- Date is incorrect
- Status is not correct "we will vote 9. feb 2020 on the antidiscrimination law. so following up on this day its not illegal to have public hate speech on bi-,lesbians, gays and transgenderpersonas. also the vote is excluding transgenderpeople, so this will remain, even if we vote positively."
- Status is not correct
- Status is not correct "illegal: state / citizen
legal: citizen / citizen"
- Status is not correct "Article 8 of the Swiss constitution don't talk about sexual orientation or gender identity, it talks about protection from discrimination based on "way of life". "