Press Release, The Federal Council, 20.12.2017
Federal Council rejects constitutional facial coverings ban, accepts provisions in law
The popular initiative "Yes to a ban on full facial coverings" was submitted on 15 September 2017 with 105 553 valid signatures. It demands that nobody should be permitted to cover their face any more anywhere in Switzerland, in all public places and anywhere that is accessible to the public. Exceptions would be permitted on the grounds of security, health, the climate and native custom. The initiators are calling for specific provisions in law.
Respecting the tried-and-tested federalist approach
The Federal Council rejects the popular initiative because it would result in a blanket solution for all cantons. In Switzerland, regulations governing public spaces are traditionally a cantonal matter. As is currently the case, the Federal Council believes that the cantons should be able to decide whether or not they wish to ban full facial coverings. In particular, the Federal Council takes the view that the cantons should continue to determine for themselves how they treat tourists from Arab states who wear facial covering. The cantons’ differing sensitivities in this regard are also reflected in a number of cantonal decisions concerning a ban on full facial coverings. The cantons of Zurich, Solothurn, Schwyz, Basel-Stadt and Glarus have rejected such a ban, while the Ticino and the St. Gallen cantonal parliament advocate prohibiting face-coverings.
Face must be uncovered when dealing with the authorities
The Federal Council is nonetheless aware that covering the face can be problematic. It therefore wishes to make an indirect counter-proposal, which suggests specific statutory-level regulations targeting areas over which it is able to exercise independent governance. For example, the Federal Council expressly wishes it to be a punishable offence to force someone to cover their face. Such an express provision in the Swiss Criminal Code underscores the Federal Council's position that it will not accept the use of force against women. No woman may be coerced into covering her face. Furthermore, in future anyone dealing with federal authorities, or with authorities which administer federal law, must do so with their face uncovered. This includes, for example, contact with migration and labour market authorities. Any breach of these new statutory provisions would be punishable.
For the complete documentation see the pages in German, French or Italian.
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