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Upper house blocks extra protection for undocumented victims of sexual violence

Sep 25, 2026
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Upper house blocks extra protection for undocumented victims of sexual violence
On 24 September 2026 the Swiss Council of States (Ständerat) voted 28–12 (3 abstentions) to reject a National-Council motion that would have prohibited police and prosecutors from reporting irregular migrants who come forward to denounce sexual offences. The proposal, tabled by Socialist MP Jessica Jaccoud, argued that fear of deportation discourages victims from seeking justice and allows perpetrators to act with impunity. A majority of the legal-affairs committee insisted that the Criminal Code was the wrong place to tackle the problem and that any exemption from removal procedures should be handled within migration law. An attempt to extend the protection to *all* undocumented crime victims – not only women – was also turned down. Justice Minister Beat Jans signalled government support for the idea, noting Switzerland’s Istanbul-Convention obligations, but lacked sufficient votes in the chamber. NGOs such as Solidarité sans Frontières say the decision leaves a legal grey zone: cantonal police forces have discretion and practices vary widely, especially in border regions like Geneva and Basel. For employers the ruling maintains the status quo. Companies that discover irregular residency during internal investigations must still weigh compliance duties against potential obstruction of justice. Legal advisors recommend using anonymous reporting channels and referring victims to specialised support NGOs that can negotiate temporary stay permits on a case-by-case basis. Observers expect the issue to resurface when Parliament debates the forthcoming overhaul of the Foreign Nationals and Integration Act (FNIA) in early 2027.
Source: Nau.ch

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