The Administrative Council calls for acceptance of the extension to the penal provision against racism to include discrimination on the grounds of sexual orientation

Members of the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community are subject to a higher level of rejection, discrimination and violence than other groups. In school, professional and family life, during sporting and leisure activities, in the street and online, they often continue to be subjected to mockery, alienation, contempt and violence, both verbal and physical. It is therefore essential to provide them with specific protection. Extending the penal provision against racism to include homophobia is a move in this direction. It is a necessary step in ensuring greater respect for LGBTIQ people.

Plugging a legislative gap

Switzerland is regularly condemned by the United Nations Commission on Human Rights for failing to have adapted its legislation in order to provide specific protection for sexual and gender minorities. Home to the headquarters of the UN Human Rights Council and the global human rights capital, it is essential that Geneva support this amendment to the federal legislation. This is all the more important as the Constitution of Geneva, accepted by the people on 14 October 2012, already formally and explicitly prohibits all forms of discrimination based on sexual orientation.

No threat to freedom of expression

In the European countries which have adopted similar legislation, there has been no threat to freedom of expression. The opportunity naturally remains for debates and critical views, as long as human dignity is respected. The Administrative Council is keen to emphasise that homophobic hatred is no more an opinion than is racism. Verbal abuse and incitement to hatred have serious consequences for LGBTIQ people and their entourage. This type of behaviour has no place in public debate.

Pursuing simultaneous awareness campaigns

The amendment of article 261bis alone will not put an end to homophobia. An awareness and prevention campaign will still be necessary if mentalities are to be changed in the long run. The City of Geneva has strived to achieve this goal for a number of years and fully intends to pursue its efforts. Extending the penal provision will send a strong message that homophobic hatred is unacceptable in our society and that it will no longer be tolerated. This measure will also serve to establish official statistics concerning homophobic violence which are absolutely essential to prevention efforts.

With a view to ensuring a more sustainable society which respects all its constituent elements and in the interests of Switzerland and the Swiss people as a whole, the Administrative Council of the City of Geneva calls on the population to vote YES on 9 February 2020.