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- The Council of States wants to punish people who publicly call for discrimination and hatred against gays and lesbians.
- He wants to expand the existing anti-racist criminal law.
- Discrimination based on gender identity – the sense of sex to which one belongs – should be excluded.
Today, "anyone publicly incites hatred or discrimination against any person or group of people for reasons of race, ethnicity or belief. or religion is punishable by a term of imprisonment of up to three years or a fine ".
That's what the Criminal Code says. Discrimination based on sexual orientation and gender identity is also new. This calls for a parliamentary initiative by National Councilor Mathias Reynard (SP / VS).
Janiak: "Stammtisch is not in danger"
This change in the criminal law does not limit the freedom of expression, said Claude Janiak (SP / BL): "The Stammtisch is not in danger.You can continue to tell good jokes, if you like, also about homosexuals. "There are good jokes you can laugh about, Janiak says.
"But you can not sow hatred." Opinions on hatred and degradation of some sections of the population have nothing to do with the expression of opinion. "This view was also shared by a majority in the Council of States. He accepted the draft at the vote by 32 votes to 10.
Unclear boundaries of gender identity
With a smear: The small room refused to include gender identity as a ground of discrimination in the legal text. Thomas Hefti (FDP / GL) justified this by saying that gender identity was unclear. "There is no clear limit to their reach," Hefti said.
Federal Councilor Simonetta Sommaruga expressed the same point of view to the Council. The bill now returns to the National Council with this difference.
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