Switzerland urged to change rape consent law

Switzerland has made progress to protect women from violence but further work is needed. Keystone / Luis Berg

The Council of Europe has expressed concern that Switzerland’s legal system does not adequately protect women from violence and rape.

The Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) called for reforms in its first country report on Switzerland.

In particular, GREVIO noted that the Swiss legal definition of rape does not comply with an international standard that consent must be explicitly given.

The Swiss parliament is currently considering an update to define rape as sex without consent even if no force is used to bring the law in line with the Istanbul Convention.

GREVIO also noted that women are not guaranteed a fair hearing in Swiss courts.

The report, released on Tuesday, speaks of a “persistence of gender stereotypes within the judiciary that may lead to women victims of gender-based violence being made to feel guilty and to the seriousness of this violence being downplayed.”

In addition, GREVIO complains of insufficient funding and that “women victims of violence do not have equal access to shelter accommodation and high-quality assistance throughout the country”.

However, the report also praises Swiss progress in protecting women against violence, particularly implementation of the Istanbul Convention, the adoption of a national action plan for the period 2022-2026 and an update to the law in 2020 to better protect women against violence.

The Swiss government responded to the findings by pointing out that it is still working on improving the situation for women, such as the establishment of a 24-hour hotline for victims of violence and its 2030 Equality Strategy.

“The Federal Council is working to ensure that the targets of the Istanbul Convention are implemented consistently,” it stated.