Switzerland

A.Sh., his wife Z.H. and their children, ethnic Chechens of the Muslim faith with Russian citizenship were residing in Switzerland and awaiting deportation to the Russian Federation.  A.Sh.’s brother-in-law was a leader of a Chechen insurgent group who went into hiding.  A.Sh. helped his sister and was arrested and beaten for collaborating with insurgents.  He left the Russian Federation with his eldest son for Switzerland.  When the police searched for him, they interrogated Z.H.

The study is an in-depth analysis of 190 records of cantonal conciliation hearings and judgments under the Federal Gender Equality Act, 1996 (the “Act”) over the period of 2004 to 2015 by authors Karine Lempen (Law Professor, University of Geneva) and Aner Voloder (Lawyer, Office for Gender Equality of the Municipality of Zurich).  Among the major findings and conclusions reached in the study are the following:

This article provides that a spouse who looks after the household, cares for the children, or supports the career or business of the other spouse is entitled to receive from the latter a reasonable allowance for his or her own personal use. In determining the allowance, “account must be taken of the personal resources of the receiving spouse and the need to provide conscientiously for the family, career and business.” Unofficial English translation available here.

A. met B. in St. Gallen in 1993. A. had to leave Switzerland at the end of 1995. They married in April 1996 in Ghana. In August 1996, A. was able to return to Switzerland. After his return, the relationship gradually became more oppressive and menacing toward B., for example, by pressuring B. for sexual intercourse.  B. gave in to his demands when she could no longer stand the intimidation. B. separated from A. on March, 28, 1998, and on July 20, 1998, A. was prosecuted for threatening, assaulting, and coercing B. The district and appellate courts in the Canton of St.

Gender-based law on marital names.  The Court found no legal justification for a law to require married women to take their husbands' surnames.

Article 1 of this act states that it is intended to promote equality between men and women.  Article 3 prohibits discrimination against employees based on sex.  Article 4 prohibits sexual harassment in the workplace.  Article 5 provides for relief, including injunctive relief and lost salary.  Article 10 protects against retaliation against complainants. 

Art. 8 of the Constitution provides that all people are equal and no person may be discriminated against because of gender.  The Constitution also states that men and women have equal rights and the law shall ensure their equality.  Art. 35 provides for protection of fundamental rights even in private relationships.

A.A. and B.A., while estranged spouses but not having applied for legal separation, were living in the same house in two separate apartments, with A.A. paying for the rental of both units. The decision to live in the same house was accepted by B.A., as it allowed them to continue helping each other with everyday tasks and to oversee the children’s education together. On June 7, 2003, B.A. alleged that the two engaged in intercourse without B.A.’s consent. On May 24, 2004, the Canton Ticino Public Prosecutor indicted A.A.

A. (born in 1970) and B. (born in 1969) became engaged in 1996, and, two years after the engagement, they began to have regular sexual relations. On September 3, 2002, whilst under the influence of alcohol, the two engaged in intercourse in A’s house without her consent, with B. filming the act. These sexual encounters continued until 2004, when the Fribourg Cantonal Police seized the tapes recorded. The Canton of Fribourg Supreme Court convicted B. of first and second degree sexual coercion and rape and sentenced him to imprisonment. In 2004, and, on appeal, in 2006, A.

The defendant, X., procured women for the purpose of prostitution from a recruiter operating in Thailand.  She deliberately chose women from poor and disadvantaged backgrounds because of their greater vulnerability and their perceived inability to resist demands made by X.