Meeting in a special session, the National Council accepted this Monday to introduce provisions in the Swiss Civil Code to establish the principle that children are entitled to education without violence. It was following a motion by Christine Bulliard-Marbach (C/FR) of 2019, that this object has followed its legislative course to date.
Committee rapporteur, Philippe Nantermod (PLR/VS) recalled the societal context of this problem: “spanking and slap are no longer part of the punitive education in Switzerland, or at least, they are no longer accepted as such”. However, the Civil Code will now specify: “Parents must raise their children without resorting to violence, which explicitly includes corporal punishment and degrading treatments. The cantons are required to guarantee easy access to consulting and support services, both for parents and for children, together or separately ”.
These provisions do not lead to criminal sanctions: “Their function is above all preventive and symbolic,” said Valaisan. They send a clear signal: Swiss society rejects any form of educational violence ”.
-The national councilor UDC Manfred Buhler (UDC/BE) opposed this evolution. According to him, the provisions of protection of the existing child are sufficient. “A fundamental error is made here,” he deplored. On the one hand, physical violence is mixed, prohibited, and, on the other hand, the administration of a correction to a child. In the first case, we go beyond the limits, in the other case, we are in the field of individual freedom of each family to function as it sees fit ”.
In other words, a “correction” in the family should remain possible. He also added: “Too many children lived by being overprotected in the bubble of benevolent parents where they were never told no. Real life is made up of permanent frustrations, because nothing is given to you and the confrontation with an authority, whatever it is, which gives orders, is permanent, whether administratively, at work or even in a sports club ”.
In the vote, the French -speaking Bernese did not convince. The National Council voted for the modification of the Civil Code by 134 votes to 56. The file passes to the Council of States.
