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Switzerland
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Switzerland are found in the 2020 Penal Code, which addresses the use of force or the threat of other detriment or other restriction of another’s freedom to compels another to enter into a marriage at article 181, with a potential penalty of a custodial sentence not exceeding five years or to a monetary penalty.
Consent to marriage
There appears to be no legislation in Switzerland that requires consent to marriage.
Servile marriage
There appears to be no legislation in Switzerland that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Switzerland that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Switzerland is 18, without differentiation of gender, as set out on Article 94 of the Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage is annullable, unless the continuation of the marriage is in the overriding interest of the minor spouse, as set out on Article 105(6) of the Civil Code. There are no exceptions allowing marriage below this minimum age.
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Practices Similar to Slavery
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- Council of Europe
Legislative Provisions
FEDERAL CONSTITUTION OF THE SWISS CONFEDERATION 1999 (REV. 2014)
Art 7. Human dignity
Human dignity must be respected and protected.
Art 10. Right to life and to personal freedom
2 Everyone has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.
3 Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.
Art 27. Economic freedom
1 Economic freedom is guaranteed.
2 Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.
Art 31. Deprivation of liberty
- No person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law.
Art 41
- The Confederation and the Cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that:
d. every person who is fit to work can earn their living by working under fair conditions;
Federal Constitution of the Swiss Confederation 1999 (revised 2014) (PDF)
SWISS CRIMINAL CODE
Art. 181. Coercion
Any person who, by the use of force or the threat of serious detriment or other restriction of another’s freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, is liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 181a. Forced marriage, forced registered partnership
1 Any person who, by the use of force or the threat of serious detriment or other restriction of another’s freedom to act compels another to enter into a marriage or to have a same-sex partnership registered is liable to a custodial sentence not exceeding five years or to a monetary penalty.
2 Any person who commits the foregoing offence abroad but is now in Switzerland and is not being extradited is liable to the same penalty. Article 7 paragraphs 4 and 5 apply.
Art. 182. Trafficking in human beings
1 Any person who as a supplier, intermediary or customer engages in the trafficking of a human being for the purpose of sexual exploitation, exploitation of his or her labour or for the purpose of removing an organ is liable to a custodial sentence or to a monetary penalty. The soliciting of a person for these purposes is equivalent to trafficking.
2 If the victim is a minor or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year.
3 In every case, a monetary penalty must also be imposed.
4 Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.
Art. 183. False imprisonment and abduction
1. Any person who unlawfully arrests or holds another prisoner or otherwise unlawfully deprives another of his liberty, any person who, by the use of force, false pretences or threats, abducts another, is liable to a custodial sentence not exceeding five years or to a monetary penalty.
2. Any person who abducts a person who is incapable of judgement or resistance or who is under the age of sixteen, is liable the same penalty.
Art. 184. Aggravating circumstances
The penalty for false imprisonment and abduction is a custodial sentence of not less than one year,
if the offender attempts to obtain a ransom,
if he treats the victim with cruelty,
if the deprivation of liberty lasts for a period in excess of ten days or
if the health of the victim is seriously endangered.
Art. 195. Exploitation of sexual acts, encouraging prostitution
Any person who induces a minor into prostitution,
any person who induces another person into prostitution by exploiting his or her dependence or a financial advantage,
any person who restricts the freedom to act of a prostitute by supervising him or her in the course of his or her activities or by exercising control over the location, time, volume or other aspects of his or her work as a prostitute or,
any person who makes a person remain a prostitute against his or her will,
Art. 264a. Crimes against humanity
1 The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population :
c. assumes and exercises a right of ownership over a person, in particular in the form of trafficking in persons, sexual exploitation or forced labour ;
g. rapes a person of the female gender or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person into prostitution or to be sterilised;
Art. 264e. Unjustified medical treatment violation of sexual rights and human dignity
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict :
b. rapes a person of the female gender protected by international humanitarian law or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person protected by international humanitarian law into prostitution or to be sterilised ;
SWISS Penal CODE, current July 2020
Art. 55a41
1 In a case of common assault (Art. 123 no 2 para. 3–5), repeated acts of aggression (Art. 126 para. 2 let. b, bbis and c), threatening behaviour (Art. 180 para. 2) and coercion (Art. 181), the public prosecutor or the court may suspend the proceedings if:43
a.44 the victim:
- is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or
- is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or
- is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; and
b.45 the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done; and
c.46 suspension appears appropriate in order to stabilise or improve the victim’s situation.
2 The public prosecutor or the court may during the period of suspension require the accused to attend a course on violence prevention. The public prosecutor or the court shall notify the authority or organisation competent under cantonal law for matters relating to domestic violence about the measures taken.47
3 Suspension is not permitted if:
- the accused has been convicted of a felony or misdemeanour against life and limb, against liberty, or against sexual integrity;
- he or she has received a sentence or been made subject to a measure; and
- the victim of the offence is a person listed in paragraph 1 letter a.48
4 Suspension is limited to six months. The public prosecutor or the court shall resume the proceedings if the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done or it transpires that the suspension has neither stabilised nor improved
the victim’s situation.49
5 Before the suspension ends, the public prosecutor or the court shall conduct an assessment. If the victim’s situation has stabilised or improved, it shall order the abandonment of the proceedings.50
Art. 66a
1 The court shall expel foreign nationals from Switzerland for a period of 5–15 years if they are convicted of any of the following offences, irrespective of the sentence imposed:
- forced marriage, forced registered partnership (Art. 181a), trafficking in human beings (Art. 182), false imprisonment and abduction (Art. 183), aggravated false imprisonment and abduction (Art. 184), hostage taking (Art. 185);
Art. 181. Coercion
Any person who, by the use of force or the threat of serious detriment or other restriction of another’s freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, is liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 181a. Forced marriage, forced registered partnership
1 Any person who, by the use of force or the threat of serious detriment or other restriction of another’s freedom to act compels another to enter into a marriage or to have a same-sex partnership registered is liable to a custodial sentence not exceeding five years or to a monetary penalty.
2 Any person who commits the foregoing offence abroad but is now in Switzerland and is not being extradited is liable to the same penalty. Article 7 paragraphs 4 and 5 apply.
CIVIL CODE, current January 2021
Art. 94
1 To be able to marry, the prospective spouses must have reached 18 years of age and have the capacity of judgement.
Art. 105
Grounds for annulment are:
- that one of the spouses151 was already married at the time of the wedding and the previous marriage had not been dissolved by divorce or by the death of the previous spouse;
- that one of the spouses lacked capacity of judgement at the time of the wedding and has not regained such capacity since;
- that the marriage was prohibited due to kinship;
- one of the spouses has no intention of living with the other, but wishes to circumvent the provisions on the admission and residence of foreign nationals;
- a spouse has not married of his or her own free will;
- one of the spouses is a minor, unless the continuation of the marriage is in the overriding interest of this spouse.
Art. 106
1 An action for annulment is brought ex officio by the competent cantonal authority at the domicile of the spouses; in addition, any interested party is entitled to bring such action. Provided this is com-patible with their duties, the federal and cantonal authorities shall contact the authority competent for the action if they have reason to believe that there are grounds for annulment.
2 If the marriage has been otherwise dissolved, the authority may no longer seek an annulment ex officio; however, any interested party may seek a declaration of annulment.
3 An action for annulment may be brought at any time.
Art. 108
1 An action for annulment must be brought within six months of learning of the grounds for annulment or of the date on which the threat ceased, but in any event within five years of the wedding.
2 The right to bring an action for annulment does not pass to heirs; however, an heir may continue an action already brought.