text: 195.1 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on Swiss Persons and Institutions Abroad(Swiss Abroad Act, SAA)of 26 September 2014 (Status as of 1 January 2018)The Federal Assembly of the Swiss Confederation,based on Articles 40, 54 paragraph 1 and 69 paragraph 2 of the FederalConstitution (Cst.)1, having considered the report of the Council of States Political Institutions Committee of 27 January 20142, and the opinion of the Federal Council of 7 March 20143,decrees:1 SR 1012 BBl 2014 19153 BBl 2014 2617Title 1 General Provisions  Art. 1 Subject  1 This Act governs:a.measures aimed at supporting, informing and promoting links between the Swiss Abroad, their political rights, social assistance that may be granted to them and support for specific institutions;b.consular protection and other consular services granted by Switzerland.2 It does not govern diplomatic protection.3 Deviating provisions in international treaties applicable in Switzerland continue to apply.Art. 2 Purpose  With this Act, the Confederation aims to:a.regulate in a uniform and coherent manner the rights and obligations of Swiss persons and institutions abroad and the services it offers such persons and institutions;b.promote relations among the Swiss Abroad and their ties to Switzerland;c.facilitate international mobility for Swiss nationals;d.promote Switzerland's presence and links abroad. Art. 3 Definitions  In this Act:a.the Swiss Abroad means Swiss citizens who are not domiciled in Switzerland and who are entered in the Register of the Swiss Abroad;b.Register of the Swiss Abroad means the Networked Administration of the Swiss Abroad (E-VERA4) information system of the Federal Department of Foreign Affairs (FDFA) and the paper files;c.receiving state means the foreign country in which a representation is established or recognised or in which the person concerned is residing;d.representation means a diplomatic mission, consular post or any other representation of Switzerland abroad that may perform consular functions.4 This name was modified as of 1 Sept. 2016 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512).Art. 4 Legal provisions of the receiving state  The Swiss authorities and representations shall comply with the legal provisions of the relevant receiving state.Art. 5 Personal responsibility  Every individual shall exercise personal responsibility when planning or undertaking a stay abroad or when working abroad.Art. 6 Recommendations  The FDFA may publish information and recommendations, in particular travel advice.Art. 7 Guichet unique  1 The FDFA is the central point of contact for concerns affecting Swiss persons and institutions abroad.2 It generally provides consular services through its network of representations.3 It coordinates incoming requests with the competent administrative bodies of the Confederation and cantons to which tasks are assigned under this Act.Art. 8 Foreign policy strategy  The Federal Council shall consider the interests of Swiss persons and institutions abroad when defining its foreign policy strategy.Title 2 The Swiss Abroad  Chapter 1 Networking and Information  Art. 9 Networking  1 The representations shall cultivate links with the community of the Swiss Abroad and make use of their network of contacts. 2 The Confederation shall maintain contact with institutions that promote relations between the Swiss Abroad and that contribute to better support and networking of the Swiss Abroad, particularly the Organisation for the Swiss Abroad.3 It shall promote exchange between young Swiss Abroad and encourage their ties to Switzerland.Art. 10 Information  1 The Confederation shall inform the Swiss Abroad in electronic or printed form about their rights and obligations and about topics related to this Act.2 The FDFA may provide the Swiss Abroad with a compilation of legislation that affects them in electronic form and may help them understand Switzerland's institutions and political affairs.Chapter 2 Register of the Swiss Abroad  Art. 11 Entry in the Register of the Swiss Abroad  1 Persons who hold Swiss citizenship and are not domiciled in Switzerland must register with the competent representation to be entered in the Register of the Swiss Abroad.2 Entry in the Register is required for the Swiss Abroad to exercise their rights and obligations and for the provision of services by Swiss authorities under this title, except in cases where urgent social assistance is provided.Art. 12 Registration  1 Entry in the Register of the Swiss Abroad is carried out by registering with the competent representation.2 The competent representation is the one located at the place of domicile of the Swiss Abroad. The Federal Council may make exceptions to this.3 Persons entered in the Register of the Swiss Abroad as minors shall be asked by the competent representation to confirm their registration when they reach the age of majority in accordance with Swiss law.4 The Swiss communes of residence shall notify the FDFA of any Swiss nationals who give notice of departure to a foreign country.Art. 13 Notification of changes  1 Persons entered in the Register of the Swiss Abroad must notify the competent representation of any changes or amendments to data concerning them.2 If another representation becomes competent due to a change of residence abroad or for other reasons, the original registration is valid for the new competent representation.3 The Swiss communes of residence shall notify the FDFA of any Swiss Abroad who give notice that they are returning to Switzerland.Art. 14 Deleting entries and destroying data  1 The entry in the Register of the Swiss Abroad shall be deleted if registered persons:a.take up residence in Switzerland;b.no longer hold Swiss nationality;c.were entered in the Register of the Swiss Abroad as minors and when they reached the age of majority failed to confirm the registration within 90 days despite being requested to do so in accordance with Swiss law;d.are deceased;e.cannot or can no longer be contacted at the specified address;f.are declared missing presumed dead.2 The rules on destroying data are set out in the implementing provisions.Chapter 3 Political Rights  Art. 15 Applicable law  1 The legislation governing the political rights of Swiss citizens in Switzerland also applies to the Swiss Abroad, unless otherwise provided for in this Act or in the implementing provisions.2 Cantonal law applies to political rights in cantonal and communal affairs.Art. 16 Scope  1 The Swiss Abroad who are over the age of 18 may participate in federal elections and votes and sign requests for referendums and popular initiatives.2 Eligibility for election is governed by Article 143 Cst.Art. 17 Exclusion of voting rights  The Swiss Abroad are deemed to lack the legal capacity to exercise their voting rights in accordance with Article 136 paragraph 1 Cst. if:a.they are subject to a general deputyship due to being permanently incapable of judgement or are represented by a person entrusted with their care in accordance with Swiss law; orb.they are subject to an adult protection measure under foreign law that eliminates their capacity to act due to being permanently incapable of judgement provided an adult protection measure could also have been put in place under Swiss law.Art. 18 Exercising voting rights  1 The Swiss Abroad exercise their right to vote in their last commune of residence.2 If they do not have a commune of residence, they exercise their right to vote in their commune of origin. If they have two or more communes of origin, they exercise their right to vote in the commune of origin they stipulated when they registered in accordance with Article 12.3 Votes may be cast in person, by post, or, provided the conditions are met, electronically.4 In consultation with interested cantons and communes, the Federal Council shall promote electronic voting pilot schemes for the Swiss Abroad in accordance with Article 8a of the Federal Act of 17 December 19765 on Political Rights.5 SR 161.1Art. 19 Entry in and deletion from the electoral register  1 The Swiss Abroad who wish to exercise their political rights shall notify their electoral commune via the competent representation. The electoral commune then enters them in the electoral register.2 The Swiss Abroad who wish to renounce their political rights shall notify their electoral commune via the competent representation.3 If the conditions for exercising political rights are no longer met, if a Swiss national living abroad renounces their political rights, or if voting materials are returned as undeliverable three times in a row, the electoral commune shall delete the person concerned from the electoral register.4 The electoral commune and the FDFA shall inform each other about any data relevant to voting rights that have been amended or deleted from the electoral register or the Register of the Swiss Abroad.Art. 20 Management of the electoral register for the Swiss Abroad  1 Cantons manage the electoral register for the Swiss Abroad at the central cantonal administration or at the administration department of the canton's main town.2 They may manage the electoral register for the Swiss Abroad locally if the data:a.are harmonised throughout the canton and are entered electronically; orb.are regularly consolidated at a central location.Art. 21 Support measures  The Confederation may implement measures, within the scope of the funds awarded, to facilitate the exercise of political rights by the Swiss Abroad. Chapter 4 Social Assistance  Section 1 Basic Principle and Preventive Measures  Art. 22 Basic principle  The Confederation grants social assistance to the Swiss Abroad who are in need, subject to the conditions set out in this Chapter.Art. 23 Preventive measures  In special cases, the Confederation may implement or support measures aimed at protecting the Swiss Abroad from falling into situations of need.Section 2 Conditions for Social Assistance  Art. 24 Subsidiarity  Social assistance is only granted to the Swiss Abroad if they are unable to support themselves on their own and with their own resources, with financial assistance from private sources or with assistance from the receiving state.Art. 25 Multiple nationality  The Swiss Abroad with multiple nationalities are not usually granted social assistance if a non-Swiss nationality takes precedence.Art. 26 Grounds for exclusion  Social assistance may be refused or withdrawn if applicants:a.have seriously damaged Swiss public interests;b.deliberately provide false or incomplete information in order to obtain or attempt to obtain social assistance benefits;c.refuse to provide the social service authorities with information about their personal circumstances or to authorise them to obtain information;d.do not meet the applicable conditions or requirements or if they fail to report significant changes in their circumstances;e.obviously neglect to do everything reasonable to improve their situation;f.misuse social assistance benefits.Section 3 Social Assistance Benefits  Art. 27 Type and amount  1 The type and amount of social assistance benefits are determined by the specific conditions in the receiving state, taking into account the basic needs of Swiss nationals living there.2 The Confederation may grant additional social assistance to the Swiss Abroad who receive social assistance benefits from the receiving state, in compliance with the principle set out under paragraph 1.Art. 28 Conditions and requirements  Social assistance payments may be subject to conditions and requirements.Art. 29 Assignment and pledging  1 Social assistance benefits granted by the Confederation may not be assigned or pledged. 2 Any assignment or pledging of social assistance benefits shall be null and void.Art. 30 Returning to Switzerland  1 The persons in need may be advised to return to Switzerland if it is in their or their family's interests to do so. In such cases, the Confederation shall not or shall no longer pay social assistance benefits abroad.2 In the event of a return to Switzerland, the Confederation covers the travel costs. It may also cover them if the persons in need decide to return to Switzerland of their own accord.Art. 31 Funeral costs  The Confederation may cover the costs of a proper funeral for Swiss nationals who die abroad and who are without means, provided neither their relatives nor the receiving state pay the costs.Section 4 Procedure  Art. 32 Application  1 The Swiss Abroad apply for social assistance from the Confederation through the competent representation.2 The representation then reviews and completes the application and transfers it together with a report and request to the Consular Directorate (CD) at the FDFA.Art. 33 Decision  1 The CD then decides whether to accept applications and issues a commitment to provide the approved social assistance.2 In urgent cases, the representation grants the essential emergency aid and notifies the CD.3 The CD may authorise representations to grant additional social assistance on their own initiative.Art. 34 Involvement of aid organisations  The representations may involve Swiss aid organisations abroad.Section 5 Repayment  Art. 35 Repayment obligation  1 Social assistance recipients must repay the social assistance benefits if they no longer require them and are able to support themselves and their families.2 Social assistance benefits obtained by persons before the age of majority or after this point for education or training purposes do not have to be repaid.3 Persons who obtain social assistance benefits for themselves or others by deliberately providing false or incomplete information must repay them in all cases.4 Heirs must repay social assistance benefits obtained by the testator, insofar as they inherit money from the estate.5 The CD decides whether social assistance must be repaid or not. It may waive repayment fully or in part if the circumstances warrant it.Art. 36 Time limitation of repayment obligation and non-interest-bearing nature  1 Social assistance benefits may be claimed back up to ten years after the last payment, unless the receivable was stipulated contractually or by the CD.2 Requests for repayment do not bear interest.Section 6 Cost Distribution  Art. 37 1 The Confederation bears the costs of the social assistance benefits paid under this Chapter.2 The competent public body in the canton of origin bears the costs that another country may claim back from Switzerland under a assistance agreement.Chapter 5 Support of Swiss Abroad Institutions  Art. 38 1 The Confederation may support institutions that promote relations between Swiss Abroad and their ties to Switzerland, or that provide assistance to Swiss Abroad.2 In particular, it may grant financial support to the Organisation for the Swiss Abroad to safeguard the interests of the Swiss Abroad and to provide them with information.3 The FDFA may conclude service agreements with the institutions referred to under paragraph 1; such agreements stipulate the rights and obligations of the institutions and the financial assistance granted by the Confederation.Title 3  Consular Protection and Other Consular Services for Persons Abroad  Chapter 1 Consular Protection  Section 1 Requirements  Art. 39 Natural persons  1 Consular protection may be granted to the following natural persons:a.the Swiss Abroad and Swiss citizens who are spending time abroad temporarily; b.persons for whom Switzerland has a protection function.2 It may also be granted to Swiss citizens with multiple nationalities, provided support is not already being provided by another country. 3 If persons hold the nationality of the receiving state as well as Swiss nationality, they may receive consular protection from Switzerland provided the receiving state does not oppose it.Art. 40 Legal entities  1 Consular protection may be granted to legal entities that: a.are subject to, and organised in accordance with, Swiss law; and b.their actual centre of administration is in Switzerland.2 It may also be granted on a subsidiary basis to legal entities abroad, provided they are controlled by a Swiss citizen or legal entity in accordance with paragraph 1, and provided the receiving state does not oppose it.3 Persons are deemed to control a legal entity in accordance with paragraph 2 if they:a.directly hold a majority of the votes in the highest decision-making body thereof;b.directly hold the right to appoint or remove a majority of the members of the highest executive or management body thereof; orc.in accordance with the articles of incorporation, foundation charter, a contractual agreement, or similar instrument, are able to exert a controlling influence thereon.Art. 41 Protection of foreign interests  1 The Confederation may protect the interests of individuals or legal entities from a foreign country. The Federal Council has decision-making authority in this regard.2 Protection of such interests may not go beyond the protection granted to Swiss nationals.Section 2 Subsidiarity, Limitation and Liability of the Confederation Art. 42 Subsidiarity  The Confederation may also assist natural persons and legal entities abroad if they cannot reasonably or are not in a position to safeguard their interests on their own or with the help of third parties.Art. 43 Limitation of consular protection  1 There is no legal entitlement to consular protection.2 The Confederation may refuse or limit assistance, in particular if:a.there is a risk that it could be detrimental to the Confederation's foreign policy interests;b.it would put others in danger;c.the person concerned has disregarded the Confederation's recommendations or has otherwise acted negligently;d.the person concerned has abused assistance provided in the past.3 This does not apply in cases where there is a threat to the life or health of the person concerned.Art. 44 Confederation liability  1 The liability of the Confederation, subject to paragraph 2, complies with the Government Liability Act of 14 March 19586.2 The Confederation is not liable:a.for recommendations published and assistance provided;b.if the persons concerned disregard the Confederation's recommendations or otherwise act negligently.6 SR 170.32Section 3 Assistance  Art. 45 General support when abroad  1 General support comprises in particular assistance in the event of illness or accident or for victims of serious crime.2 In individual cases the Confederation may take part in search and rescue operations.3 If, in the course of providing support, the Confederation is notified of the death of a Swiss citizen domiciled in Switzerland by the authorities of the receiving state, it shall inform the person's next of kin.4 In legal proceedings abroad, the representations may recommend local legal assistance without liability.5 The representations may take action via consular and diplomatic channels with the local and central authorities of the receiving state.Art. 46 Imprisonment  1 If a representation learns that a person has been imprisoned abroad, it shall ask the authorities of the receiving state about the reasons behind the imprisonment.2 The representation shall endeavour, in particular:a.to contact or to visit the person concerned, provided it is appropriate or the person concerned has requested it;b.to ensure that the right to decent conditions of imprisonment, the procedural guarantees and the right of defence of the person concerned are respected. Art. 47 Emergency loans  The Confederation may grant repayable interest-free loans to natural persons in distress who are temporarily residing abroad: a.to cover the costs of their journey home;b.as interim assistance;c.to cover hospital or medical costs.Art. 48 Crisis situations  1 Every representation has crisis measures in place, in particular for armed conflicts, terrorist attacks, political unrest, traffic accidents and natural disasters.2 The FDFA and the representation shall inform natural persons and their relatives in the event of a crisis situation and provide support within the scope of what is feasible.3 The FDFA's security recommendations must be heeded. In the case of ongoing crisis situations, the FDFA may recommend leaving the crisis region. The decision to leave the crisis region is made voluntarily and at the own risk and expense of the person travelling.4 The Confederation may take part in the search and rescue operations of the receiving state or of other countries.5 In certain crisis situations, in particular in the case of armed conflicts and political unrest, it may grant natural persons and legal entities safe conduct to protect their personal safety and that of their property.6 In the case of war or serious unrest, it may grant temporary financial support to natural persons who have lost their livelihoods abroad through no fault of their own.Art. 49 Kidnappings and hostage-taking  1 The Confederation may provide support to natural persons who are the victims of a kidnapping or hostage-taking abroad.2 If a representation learns that a kidnapping or hostage-taking has occurred, it shall seek support locally. In particular, it shall call on the competent authorities of the receiving state to take the necessary action.Chapter 2 Other Consular Services  Section 1 Consular Services Offered by the FDFA  Art. 50 Administrative services  1 The FDFA provides consular services of an administrative nature that are not regulated in other laws or are not provided by other official bodies, in particular attestations, confirmations, certificates issued by representations, deposits with representations or submissions to the Swiss authorities via representations.2 The Federal Council regulates these services in an ordinance.Art. 51 Advice on emigrating and returning to Switzerland  1 The FDFA runs a counselling service on emigrating and returning to Switzerland, in particular in accordance with Article 25 paragraph 1 of the Recruitment Act of 6 October 19897.2 The counselling service provides information on entry and living conditions to Swiss nationals returning to Switzerland from abroad.7 SR 823.11Art. 52 Navigation matters  The representations provide consular services on navigation matters in accordance with Articles 43, 56, 57, 59, 65, 82, 119 and 120 of the Navigation Act of 23 September 19538.8 SR 747.30Section 2 Consular Services within the Jurisdiction of Other Departments Art. 53 Civil status  1 The FDFA ensures coordination between the representations and the offices responsible for civil status within the Federal Office of Justice (FOJ).2 The representations perform tasks related to the civil status of Swiss nationals abroad. For this purpose they work with the FOJ and make the modifications in the Register of the Swiss Abroad.Art. 54 Citizenship  1 The FDFA assists the State Secretariat for Migration9 in citizenship matters.2 The representations shall cooperate in particular in clarifications of facts and circumstances abroad in accordance with Articles 7, 21 paragraphs 2 and 4, 26 and 27 of the Swiss Citizenship Act of 20 June 201410.119 This name was modified as of 1 Sept. 2016 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512).10 SR 141.011 See Art. 68 below.Art. 55 Identity papers  The FDFA supports the Federal Office of Police with the issue, withdrawal and in the event of loss of identity documents abroad in accordance with Articles 4–6, 7 and 8 of the Federal Identity Documents Act of 22 June 200112.12 SR 143.1Art. 56 Military registration  1 Military service by the Swiss Abroad and Swiss citizens with multiple nationalities is governed by Articles 4, 5 and 27 paragraph 2 of the Armed Forces Act of 3 February 199513.2 In military matters, the representations provide the following consular services in particular:a.transmitting requests for dispensation from military service while abroad by Swiss nationals who failed to submit a request when they left Switzerland;b.issuing fact sheets on military service to Swiss nationals who are registered with a representation and reach the age of majority;c.providing information to Swiss Abroad who wish to complete their recruitment, basic military training, and refresher courses voluntarily in Switzerland;d.providing information to Swiss nationals with multiple nationalities about military service and about recognition of military service within the framework of bilateral agreements.13 SR 510.10Art. 57 Old age, survivors' and invalidity insurance  The FDFA assists the Swiss Compensation Office and the Invalidity Insurance Office for People Living Abroad with the provision of voluntary insurance cover when abroad in accordance with:a.Article 2 (Voluntary insurance) of the Federal Act of 20 December 194614 on the Old-Age and Survivors' Insurance;b.Article 1b (Insured persons) of the Federal Act of 19 June 195915 on Invalidity Insurance.14 SR 831.1015 SR 831.20Title 4 Funding, Fees and Reimbursement of Costs  Art. 58 Funding  The Federal Assembly approves the payment framework for a multi-year contribution period with a single federal decree in accordance with;a.Article 21 (Support measures);b.Article 37 paragraph 1 (Social assistance);c.Article 38 (Support of Swiss abroad institutions);d.Article 47 (Emergency loans).Art. 59 Fees  The Federal Council shall issue provisions in terms of Article 46a paragraphs 2–4 of the Government and Administration Organisation Act of 21 March 199716 regarding the charging of appropriate fees for decisions, services and other official activities under this Act.16 SR 172.010Art. 60 Reimbursement of costs  1 The persons who have caused consular services to be carried out shall reimburse the costs to the Confederation. 2 Persons are also liable for cost reimbursement if the federal government performs a service without being requested to do so by the persons concerned, but in accordance with their presumed wishes and interests.3 The Federal Council shall regulate the details and exceptions.Art. 61 Waiving of fees or cost reimbursement  Fees or cost reimbursement may be deferred or waived in part or in full in case of need or for other good cause. If fees or cost reimbursement are waived in part or in full, account must be taken of whether the persons concerned have acted negligently.Title 5 Final Provisions  Art. 62 Administration of justice  The appeals procedure is governed by the general provisions on the administration of federal justice.Art. 63 Implementation  1 The Federal Council shall implement this Act.2 It shall enact the implementing provisions.3 The cantonal implementing provisions require the approval of the Confederation in order to be valid.Art. 64 Cooperation and delegation of powers  1 The official bodies of the Confederation, the cantons and communes work together without payment. The FDFA may conclude service agreements with cantonal authorities for extraordinary services.2 The offices of the Confederation and the representations may collaborate with foreign authorities within the scope of their respective powers.3 The Federal Council may conclude agreements under international law regarding consular services.4 It may authorise private legal entities that operate in a specific territory to issue visas or to perform other specific consular services if Switzerland does not have a competent diplomatic representation in the territory in question. For this purpose it may conclude service agreements.Art. 65 Statistics  The Federal Council may order statistical surveys required for application of this Act and have the data analysed by the Federal Statistical Office or the FDFA in accordance with Article 4 of the Federal Act of 24 March 200017 on the Processing of Personal Data within the Federal Department of Foreign Affairs, the Federal Statistics Act of 9 October 199218 and Article 15 paragraph 1 of the Register Harmonisation Act of 23 June 200619.17 SR 235.218 SR 431.0119 SR 431.02Art. 66 Repeal and amendment of current legislation  The repeal and amendment of current legislation is regulated in the Annex.Art. 67 Transitional provision  Benefits granted by the Confederation under the current law shall continue to be paid after this Act comes into force.Art. 68 Coordination with the Swiss Citizenship Act of 20 June 2014  On the commencement of this Act, or of the Swiss Citizenship Act of 20 June 201420, whichever is later, or on the simultaneous commencement of both, Article 54 paragraph 2 of this Act is worded as follows:… 2120 SR 141.0. In force since 1 Jan. 2018 (AS 2016 2561).21 Text inserted above.Art. 69 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 November 20152222 FCD of 7 Oct. 2015.Annex (Art. 66)Repeal and amendment of current legislation IThe following legislation is repealed:a.Federal Act of 19 December 197523 on the Political Rights of Swiss Citizens Abroad;b.Federal Act of 21 March 197324 on Social Assistance and Loans to Swiss Citizens Abroad; c.Federal Resolution of 22 June 196225 on the Granting of a Federal Guarantee against Loss to the Cooperative Society Solidarity Fund for Swiss Nationals Abroad.IIThe amendment of 17 June 201126 to the Federal Act of 19 December 197527 on the Political Rights of Swiss Citizens Abroad (simplified registration renewal) ceases to apply.IIIThe following legislation is amended as follows:…2823 [AS 1976 1805, 1991 2388, 2002 3193, 2007 4637 No I 2, 2009 5685 No I 1, 2011 725 Annex No 4]24 [AS 1973 1976, 2000 1915 Annex No 2, 2008 3437 No II 48, 2009 5685 No I 2,  2011 725 Annex No 34, 2014 3789 No I 5]25 [AS 1962 1185]26 BBl 2011 483927 AS 1976 180528 The amendments can be consulted under AS 2015 3857.


type: legislation

jurisdiction: Switzerland

text: 211.231 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton the Registered Partnership between Same-Sex Couples(Same-Sex Partnership Act, SSPA)of 18 June 2004 (Status as of 1 January 2018)The Federal Assembly of the Swiss Confederation,based on Articles 38 paragraph 2, 112 paragraph 1, 113 paragraph 1, 119 paragraph 2, 121 paragraph 1, 122 paragraph 1, 123 paragraph 1, 128 paragraph 1 and 129 paragraph 1 of the Federal Constitution1, and having considered the Federal Council Dispatch dated 29 November 20022,decrees:1 SR 1012 BBl 2003 1288Chapter 1  General Provisions  Art. 1 Object  This Act regulates the establishment, effects and dissolution of registered partnerships between same-sex couples.Art. 2 Principle  1 Two persons of the same sex may register their partnership.2 They unite in a partnership with reciprocal rights and obligations.3 Their civil status is: «in a registered partnership».Chapter 2  Registration of the Partnership  Section 1 Requirements and Grounds for Refusing Registration  Art. 3 Requirements  1 Both partners must have reached the age of 18 and be capable of judgement.2 ...33 Repealed by Annex No 8 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons, Law of Children), with effect from 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).Art. 4 Grounds for refusing registration  1 Direct relatives, siblings and half-siblings may not enter into a registered partnership.2 Both partners must prove that they are not already in a registered partnership or married.Section 2 Procedure  Art. 5 Application  1 The application for a registered partnership must be submitted to the civil register office at the domicile of one of the two partners.2 The two partners must appear in person. If this is clearly unreasonable for them, the preliminary procedure may be conducted in writing.3 The two partners shall submit the necessary documents. They must explain in person to the civil register office that they meet all the conditions for registering a partnership.4 Partners who are not Swiss citizens must provide evidence during the preliminary procedure that their residence in Switzerland is lawful.44 Inserted by No II 2 of the FA of 12 June 2009 (Prohibition of Marriage in cases of Unlawful Residence), in force since 1 Jan. 2011 (AS 2010 3057; BBl 2008 2467 2481).Art. 6 Examination  1 The competent civil register office shall check whether the conditions for registration have been fulfilled and whether there are any grounds for refusal or circumstances which indicate that the application for registration is clearly not in accordance with the free will of the partners.52 The civil registrar shall reject the application if either or both partners clearly do not wish to establish a domestic partnership, but wish to circumvent the regulations on the admission and residence of foreign nationals.63 In the cases referred to in paragraph 2, the civil registrar shall hear the partners and may obtain information from other authorities or third parties.74 The civil registrar shall notify the competent authority of the identity of partners who have not provided evidence of their lawful residence in Switzerland.85 Amended by No I 4 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).6 Inserted by Annex No II 5 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).7 Inserted by Annex No II 5 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).8 Inserted by No II 2 of the FA of 12 June 2009 (Prohibition of Marriage in cases of Unlawful Residence), in force since 1 Jan. 2011 (AS 2010 3057; BBl 2008 2467 2481).Art. 7 Form  1 The civil registrar shall notarise the declaration of intent of both partners and have both sign the document.2 The notarisation of a registered partnership is public.Art. 8 Implementing provisions  The Federal Council issues the implementing provisions.Section 3 Nullity  Art. 9 Unlimited nullity  1 Any person who has an interest may at any time bring an action before the court to have the registered partnership declared null and void if:a.either of the partners was not capable of judgement at the time the partnership was registered and has not become capable of judgement since then;b.the registration infringed Article 4;c.9either of the partners does not wish to establish a domestic partnership, but wishes to circumvent the regulations on the admission and residence of foreign nationals;d.10either of the partners did not give their free consent to the registration of the partnership;e.11either of the partners is a minor, unless the purpose of the registration meets the overriding interests of this partner.2 While a registered partnership is in existence, the action shall be instituted ex officio by the competent authority at the partners’ place of residence. Insofar as this is compatible with their duties, the federal and cantonal authorities shall notify the authority responsible for the action if they have reason to believe that grounds for nullity exist.129 Inserted by Annex No II 5 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).10 Inserted by No I 4 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).11 Inserted by No I 4 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).12 Last sentence inserted by No I 4 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).Art. 10 Limited nullity   1 Either partner may bring an action before the court to have the registered partnership declared null and void on the grounds of vitiated consent.2 The action for nullity must be filed within six months of acquiring knowledge of vitiated consent, but no later than five years after registration.3 If the claimant dies during the proceedings, an heir may continue the proceedings.Art. 11 Effects of the judgment of nullity  1 The registered partnership shall cease to be valid on the date on which the judgment of nullity takes legal effect.2 Inheritance claims shall lapse retroactively. Otherwise, the provisions on the effects of legal dissolution apply mutatis mutandis.Chapter 3  Effects of the Registered Partnership  Section 1 General Rights and Obligations  Art. 12 Support and consideration  The two partners shall offer each other support and show consideration for each other.Art. 12a13 Surname  1 The partners are not required to change their surnames.2 When registering the partnership, however, they may declare to the registrar that they wish to use the surname of one of the partners as their common name.13 Inserted by No II 2 of the FA of 30 Sept. 2011 (Names and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).Art. 13 Living expenses  1 The two partners shall each contribute, as far as they are able, to the proper maintenance of their partnership. In addition, Articles 163–165 of the Civil Code (CC)14 apply mutatis mutandis.152 If they cannot agree, the court shall on request determine the financial contributions towards maintenance. The contributions may be claimed for the future and for the year before filing the claim.3 If a partner does not fulfil his or her duty of maintenance, the court may instruct his or her debtors to make the payments in whole or in part to the other partner.14 SR 21015 Second sentence inserted by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).Art. 14 Joint home  1 A partner requires the express consent of the other partner in order to terminate a lease, sell the joint home, or restrict the rights to the joint living area through other legal transactions.2 If consent cannot be obtained or is refused for no valid reason, the matter may be taken to court.Art. 15 Representation of the partnership  1 While cohabiting, both partners represent the partnership with regard to their day-to-day needs.2 A partner may represent the partnership with regard to the other needs of the union only if:a.authorised so to do by the other person or by court order; orb.the interests of the partnership brook no delay and the other person is unable to consent due to illness, absence or other similar reasons.3 Each partner is personally liable for his or her own actions and, to the extent that these do not exceed his or her powers of representation in a manner apparent to third parties, also renders the other person jointly and severally liable for such actions.4 If a partner exceeds his or her power to represent the partnership or proves incapable of exercising it, at the other partner’s request the court may revoke such power in whole or in part. The revocation is effective towards third parties acting in good faith only if it has been made public by order of the court.Art. 16 Obligation to provide information  1 The partners must provide each other with information on their respective incomes, assets and debts.2 On request, the court may order a partner or a third party to furnish the information required and to produce the necessary documents.3 This does not apply to any information held by lawyers, solicitors, doctors, clergy and their auxiliary staff which is subject to professional confidentiality.Art. 17 Termination of cohabitation  1 Each partner is entitled to terminate cohabitation for good cause.2 On request, the court must:a.determine the monetary contributions which the partners owe each other;b.issue rules on the use of the home and the household effects.3 A partner may also make such request if the other partner refuses to cohabit without good cause.3bis If a partner has adopted a minor child from the other partner, the court must take the necessary steps in accordance with Articles 270–327c CC16.174 If circumstances change, at the request of either partner, the court shall modify the measures or revoke the same.16 SR 21017 Inserted by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).Section 2 Property Law  Art. 18 Assets  1 Each partner has his or her own assets.2 Each partner shall be use his or her own assets to cover his or her own debts.Art. 19 Proof  1 Any person who asserts that a specific object or asset is owned by one or other partner bears the burden of proof.2 If no such proof may be adduced, there is a presumption of co-ownership.Art. 20 Inventory  1 Each partner may at any time require the other’s cooperation in drawing up an inventory of their joint assets in the form of a public deed.2 Such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.Art. 21 Management mandate  Where one partner expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed.Art. 22 Restriction of power to dispose of assets  1 To the extent required to ensure the partnership’s financial security or fulfilment of a financial obligation arising from the registered partnership, at the request of either partner the court may make the other partner’s power to dispose of certain assets conditional on the petitioning partner’s consent and take protective measures.2 If the measure concerns immovable property, the court shall record it in the land register.Art. 23 Debts between partners  1 If there are debts between the partners and the debtor has serious difficulties in repaying his or her debt, the debtor may request an extension of time, provided that this is reasonable for the other partner.2 The claim shall be secured, where circumstances so require.Art. 24 Allocation of co-ownership   Where one partner proves an overriding interest in an asset in co-ownership, notwithstanding any other legal measures available, he or she may request the undivided allocation of this asset in return for paying compensation to the other partner on dissolution of the registered partnership.Art. 25 Property agreement  1 The two partners may enter into an agreement on specific arrangements for the event that the registered partnership is dissolved. In particular, they may agree that the assets be divided in accordance with Articles 196–219 of the Swiss Civil Code18.192 Such agreements may not affect the statutory entitlements of the issue of a deceased partner.3 The property agreement must be drawn up and certified in due legal form, and signed by the parties and, where applicable, by the legal representative.4 Articles 185 and 193 CC apply accordingly.18 SR 21019 Second sentence amended by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).Section 3 Specific effects  Art. 26 Marriage  A person living in a registered same-sex partnership may not enter into a marriage.Art. 27 Children of the partner  1 If a person has children, his or her partner shall provide him or her with reasonable assistance in the fulfilment of the duty of maintenance and in the exercise of parental authority and shall represent him or her if the circumstances so require. Parental rights, however, shall be respected in all cases.2 The guardianship authority may, subject to the requirements of Article 274a CC20 grant rights of contact with the child in the event that the partners no longer cohabit and the registered partnership is dissolved.20 SR 210Art. 27a21 Adoption of step-children  Where a person has adopted the minor child of his or her partner, Articles 270–327c CC22 apply by analogy. 21 Inserted by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).22 SR 210Art. 2823 Adoption and reproductive medicine  Persons who live in a registered partnership are not permitted to adopt together or to undergo medically assisted reproductive procedures.23 Amended by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).Chapter 4  Judicial Dissolution of a Registered Partnership  Section 1 Requirements  Art. 29 Joint application  1 If both partners request the dissolution of the registered partnership, the court shall hear the parties and examine whether the request is based on free will and mature reflection and whether an agreement on the dissolution can be approved.2 If this is the case, the court shall pronounce the dissolution of the registered partnership.3 The partners may jointly request that the court decide in the dissolution judgement on those effects of the dissolution which they cannot agree on.Art. 30 Right to bring the action  Either partner may demand the dissolution of the registered partnership if the partners have been living separately for at least one year at the time the action is brought.Section 2 Consequences  Art. 30a24 Surname  The person who has changed their surname on the registration of the partnership retains that surname following dissolution; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the registration of the partnership.24 Inserted by No II 2 of the FA of 30 Sept. 2011 (Names and Citizenship), in force since  1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).Art. 31 Inheritance law  1 Once the registered partnership is dissolved, the partners’ statutory right to inherit from each other no longer applies.2 No rights may be claimed based on testamentary dispositions executed before the dissolution proceedings were brought.Art. 32 Division of the common home  1 If for good cause a person must remain in the common home, the court may transfer the rights and obligations under the tenancy agreement to that person provided this is not inequitable for the other.2 The previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years. If an action is brought to recover rent due, he or she is entitled to set off the amount paid against any maintenance payments in instalments equal to the amount of the monthly rent.3 If the home belongs to one of the partners, the court may, on the conditions under paragraph 1, grant the other person a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. Where new and compelling reasons so require, the right of residence may be restricted or revoked.Art. 33 Occupational pension scheme  The withdrawal benefits acquired under the occupational pension scheme throughout the registered partnership are divided in accordance with the occupational pension scheme regulations under divorce law.Art. 34 Maintenance payments  1 After the dissolution of the registered partnership, each partner is basically responsible for his or her own maintenance.2 A person who, due to the division of duties, has been unable or had limited opportunity to work during the registered partnership, may demand appropriate maintenance payments from their partner until they can maintain themselves from their own gainful activity.3 Furthermore, a person may demand appropriate maintenance payments if they become indigent due to the dissolution of the registered partnership and the partner can be expected to pay the maintenance payments in the overall circumstances.4 Article 125 paragraphs 2 and 3 as well as 126–134 CC25 is otherwise applicable mutatis mutandis.2625 SR 21026 Amended by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).Art. 3527 27 Repealed by Annex 1 No II 4 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).Chapter 5 Final Provisions  Art. 36 Amendment of current legislation  The amendment of current legislation is regulated in the Annex.Art. 37 Coordination with amendments to other legislation  ...2828  The coordination provisions may be consulted under AS 2005 5685.Art. 37a29 Transitional provision to the Amendment of 30 September 2011  If the partnership was registered before the Amendment of 30 September 2016 of the Swiss Civil Code comes into force, the partners may, within one year of this amendment coming into force declare to the civil registrar that they wish bear the surname of one of the partners as the family surname.29 Inserted by No II 2 of the FA of 30 Sept. 2011 (Names and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).Art. 38 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 January 20073030 FCD of 9 Dec. 2005.Annex (Art. 36)Amendment of current legislation The federal acts listed below are amended as follows:...3131 The amendments may be consulted under AS 2005 5685.


text: 211.222.32 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adultsof 21  December 2007 (Status as of 1 July 2009)The Federal Assembly of the Swiss Confederation,based on Article 122 of the Federal Constitution 1;in implementation of the Hague Convention of 25 October 19802 on the Civil Aspects of International Child Abduction (1980 Hague Convention) andof the European Convention of 20 May 19803 on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (1980 European Convention);in implementation of the Hague Convention of 19 October 19964 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (1996 Hague Convention) and the Hague Convention of 13 January 20005 on the International Protection of Adults (2000 Hague Convention);and having considered the Federal Council Dispatch of 28 February 20076,decrees:1 SR 1012 SR 0.211.230.023 SR 0.211.230.014 RS 0.211.231.0115 RS 0.211.232.16 BBl 2007 2595Section 1: General Provisions  Art. 1 Federal central authority  1 The Federal Office of Justice (“the Office”) is the federal central authority in charge of implementing the conventions listed in the preamble.2 The Office shall perform the tasks set out in the 1980 Hague Convention and the 1980 European Convention.3 Under the 1996 and 2000 Hague Conventions, the Office's tasks shall be:a.to transmit communications from abroad to the cantonal central authority;b.to provide information on Swiss law and child protection services in Switzerland to foreign authorities;c.to represent Switzerland before central authorities in other countries;d.to advise the cantonal central authorities on these conventions and to ensure their application;e.to promote cooperation between cantonal central authorities, cooperation with experts and institutions under Article 3 and with the central authorities of Contracting States.Art. 2 Cantonal central authorities  1 Each canton shall designate a central authority responsible for implementation of the 1996 and 2000 Hague Conventions.2 Unless Article 1 paragraph 3 stipulates otherwise, the cantonal central authorities are responsible for the tasks given to central authorities by the Conventions.3 The cantonal central authorities or other authorities designated by the cantons shall on request issue the certificates provided for in Article 40 paragraph 3 of the 1996 Hague Convention and in Article 38 paragraph 3 of the 2000 Hague Convention.Section 2: International Child Abduction  Art. 3 Experts and institutions  1 The federal central authority shall, in cooperation with the cantons, see to the establishment of a network of experts and institutions that are in a position to provide advice, to carry out conciliation or mediation, to represent individual children, and that are capable of acting expeditiously.2 The federal central authority may entrust the tasks mentioned in paragraph 1 to a private body, which it may pay by reimbursing the expenses incurred or at a fixed rate.Art. 4 Conciliation or mediation procedures  1 The central authority may initiate a conciliation or mediation procedure in order to obtain the voluntary return of the child or to facilitate an amicable resolution.2 The central authority shall, in an appropriate manner, encourage the persons concerned to participate in the conciliation or mediation procedure.Art. 5 Return and best interests of the child  Under Article 13 paragraph 1 letter b of the 1980 Hague Convention, the return of a child places him or her in an intolerable situation where:a.placement with the parent who filed the application is manifestly not in the child's best interests;b.the abducting parent is not, given all the circumstances, in a position to take care of the child in the State where the child was habitually resident immediately before the abduction or this cannot reasonably be required from this parent; andc.placement in foster care is manifestly not in the child's best interests.Art. 6 Protective measures  1 The court dealing with the application for the return of the child shall decide, as required, on the child's personal relations with his or her parents and order the measures necessary to ensure his or her protection.2 Where the application for return has been received by the central authority, the competent court may at the request of the central authority or any of the parties order the appointment of a representative for the child, the appointment of a guardian, or other protective measures even if the application for return has not yet been received by the court.Art. 7 Competent court  1 The supreme court of the canton where a child is resident at the moment when the application for return is lodged is the sole court competent to deal with applications for return, including protective measures.2 The court may transfer the case to the supreme court of another canton if the parties and the court in question consent.Art. 8 Court procedure  1 The court shall initiate conciliation or mediation procedures with a view to obtaining the voluntary return of the child or to achieving an amicable resolution if the central authority has not already done so.2 When conciliation or mediation does not result in an agreement leading to the withdrawal of the application for return, the court shall decide using a summary procedure.3 The court shall inform the central authority of the essential steps in the procedure.Art. 9 Hearing and representation of the child  1 As far as possible, the court shall hear the parties in person.2 The court shall hear the child in an appropriate manner or appoint an expert to carry out this hearing unless the age of the child or another valid reason prevents this.3 The court shall order that the child be represented and designate as a representative a person experienced in welfare and legal matters. This person may file applications and lodge appeals.Art. 10 International cooperation  1 The court shall cooperate as required with the authorities of the state in which the child had his or her habitual residence before abduction.2 The court, if necessary with the cooperation of the central authority, shall satisfy itself whether and in what way it is possible to execute the decision ordering the return of the child to the State in which he or she was habitually resident before abduction.Art. 11 Decision ordering the return of a child  1 The decision ordering the return of a child must include instructions for its execution and be communicated to the authority responsible for its execution and to the central authority.2 A decision ordering the return of a child and the instructions for execution apply throughout Swiss territory.Art. 12 Execution of the decision  1 The cantons shall designate a single authority responsible for executing the decision.2 The authority shall take account of the best interests of the child and endeavour to obtain the voluntary execution of the decision.Art. 13 Amending the decision  1 The court may, on request, modify the decision ordering the return of a child if the circumstances that would preclude return change significantly. 2 The court may also decide to discontinue execution proceedings.Art. 14 Costs  Article 26 of the 1980 Hague Convention and Article 5 paragraph 3 of the 1980 European Convention apply to the costs of the conciliation or mediation proceedings, the court proceedings and the procedure for the execution of the decision at the cantonal and federal levels.Section 3: Final Provisions  Art. 15 Amendment of current law  …77 The amendments may be consulted under AS 2009 3078.Art. 16 Transitional provision  The provisions of this Act relating to international child abduction also apply to applications for the return of a child pending before the cantonal authorities at the time when this Act enters into force.Commencement Date: 1 July 200988 Federal Council Decree of 6 March 2009 (AS 2009 3083).


text: 211.223.13 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Compulsory Social Measures and Placements prior to 1981(CSMPA)of 30 September 2016 (Status as of 1 July 2021)The Federal Assembly of the Swiss Confederation,on the basis of Articles 122 paragraph 1, 124 and 173 paragraph 2 of the Federal Constitution1,and having considered the Federal Council Dispatch dated 4 December 20152,decrees:1 SR 1012 BBl 2016 101Section 1 General Provisions Art. 1 Purpose, scope and subject matter  1 The aim of this Act is to acknowledge and redress the injustice suffered by victims of compulsory social measures and placements in Switzerland prior to 1981.2 It also applies to persons affected by measures arranged prior to 1981 but implemented thereafter.3 It regulates:a. the solidarity contribution for the benefit of victims;b. the archiving and inspection of files;c. counselling and support for the persons affected;d. the academic inquiry and measures to raise public awareness;e. further measures in the interests of the persons affected. Art. 2 Definitions  In this Act:a. compulsory social measures means measures for the protection or raising of children, adolescents or adults arranged by public authorities in Switzerland prior to 1981 and implemented by such authorities or on their behalf and under their supervision;b. placement means the placing arranged by public authorities or private individuals of children and adolescents outside their families in homes or institutions, with foster families, or in commercial or agricultural workplaces prior to 1981 in Switzerland;c. person affected means a persons affected by compulsory social measures or placements; d. victim means persons affected whose physical, psychological or sexual integrity or mental development was directly and seriously impaired, in particular through:1. physical or psychological violence,2. sexual abuse,3. forced removal of a child from his or her mother and release for adoption, 4. forced or surreptitious administration of medication or medical experimentation,5. forced or surreptitious sterilisation or abortion,6. economic exploitation by placing excessive demands on persons required to work or by failing to pay an adequate wage,7. deliberate prevention of personal growth and development,8. social stigmatisation;e. family member means the spouse or registered partner of a person affected, his or her children and parents and other persons who are closely related in a similar way.Art. 3 Acknowledgement of the injustice  The Confederation acknowledges that the victims suffered injustice that affected their entire lives.Section 2 Solidarity Contribution Art. 4 Principles  1 Victims have the right to a solidarity contribution. This is a sign of the acknowledgement of the injustice done to them and is intended as a contribution towards making amends.2 More extensive rights to damages or satisfaction are excluded.3 The solidarity contribution shall be paid in response to an application.4 All victims shall receive the same amount. Contributions paid as voluntary emergency aid to victims in difficult financial circumstances shall not be taken into account in the amount of the solidarity contribution paid.5 The right to the solidarity contribution is personal; it may not be bequeathed or assigned. If a victim dies after submitting an application, the contribution becomes part of the deceased’s estate.6 The following also applies to the solidarity contribution:a. The contribution is treated under tax law as a satisfaction payment under Article 24 letter g of the Federal Act of 14 December 19903 on Direct Federal Taxation and under Article 7 paragraph 4 letter i of the Federal Act of 14 December 19904 on the Harmonisation of Direct Taxation at Cantonal and Communal Levels.b. It is treated under debt enforcement law as a satisfaction payment under Article 92 paragraph 1 number 9 of the Federal Act of 11 April 18895 on Debt Enforcement and Bankruptcy. c.6 It does not lead to a reduction in social assistance benefits, in benefits under the Federal Act of 6 October 20067 on Benefits supplementary to the Old Age, Survivors and Invalidity Insurance (SBA), or to benefits under the Federal Act of 19 June 20208 on Bridging Payments for Older Unemployed Persons.3 SR 642.114 SR 642.145 SR 281.16 Amended by Annex No 1 of the FA of 19 June 2020 on Bridging Payments for Older Unemployed Persons, in force since 1 July 2021 (AS 2021 373; BBl 2019 8251).7 SR 831.308 SR 837.2Art. 5 Applications  1 Applications to be granted the solidarity contributions must be submitted to the competent authority.92 Applicants must provide credible evidence that they are victims as defined in this Act. For this purpose, they shall enclose files and other documents or information with their application that provide other suitable proof of their victim status.9 Amended by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), in force since 1 Nov. 2020 (AS 2020 4175; BBl 2020 1639 1653).Art. 6 Examination of applications and decision  1 The competent authority shall examine the applications and decide whether to grant the solidarity contributions. 2 It may process sensitive personal data under Article 3 letter c of the Federal Act of 19 June 199210 on Data Protection to the extent required to fulfil its task.3 It shall consult the advisory committee (Art. 18 para. 2) before making its decision.4 ...1110 SR 235.111 Repealed by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), with effect from 1 Nov. 2020  (AS 2020 4175; BBl 2020 1639 1653).Art. 712 Amount and payment  1 The solidarity contribution amounts to 25,000 Swiss francs for each victim.2 It is paid to victims whose applications have been approved.12 Amended by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), in force since 1 Nov. 2020  (AS 2020 4175; BBl 2020 1639 1653).Art. 8 Legal protection  1 An objection to the rejection of an application may be filed with the competent authority within thirty days.2 The general provisions on the administration of federal justice also apply.Art. 9 Financing13  1 The solidarity contributions shall be financed by:a. the Confederation;b. voluntary donations from the cantons;c. other voluntary donations.2 ...143 The following applies to donations under paragraph 1 letters b and c:a. They are entered as revenue in the state financial statements.b. They are earmarked in terms of Article 53 of the Financial Budget Act of 7 October 200515.13 Amended by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), in force since 1 Nov. 2020  (AS 2020 4175; BBl 2020 1639 1653).14 Repealed by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), with effect from 1 Nov. 2020  (AS 2020 4175; BBl 2020 1639 1653).15 SR 611.0Section 3 Archiving and Inspection of Files Art. 10 Archiving  1 The authorities of the Confederation, the cantons and the communes shall ensure that files on compulsory social measures and placements prior to 1981 are held in safekeeping. The Federal Council shall regulate the safekeeping of such files, determining in particular for how long and in what form they are to be kept.2 They may not use the files to take decisions that are prejudicial to the persons affected.3 The authorities of the Confederation and the cantons shall assign protective periods to files containing personal data that take account of the legitimate interests of the persons affected, their family members, and research.4 Institutions that were involved in compulsory social measures or placements and which are not bound under cantonal law by the canton’s information, data protection and archiving legislation are subject to the provisions of the information, data protection and archiving legislation of their canton of domicile. These institutions shall ensure that their files are professionally secured, evaluated, indexed and held in safekeeping.Art. 11 Inspection of files  1 Persons affected have the right to access the files related to them free of charge in a simple procedure. Their family members shall acquire this right following their death.2 Other persons have the right to access the files if access is required for academic purposes.3 While the protective period applies, access to the files shall be granted only if one of the following requirements is met: a. the person affected requests access to their personal data;b. the person affected consents to disclosure; c. the files are being used for purposes not related to specific persons, in particular for academic or statistical purposes;d. an authority requires the files in order to fulfil its statutory duties;e. other particularly legitimate interests apply.4 Persons affected may request that disputed or incorrect content in the files be marked and that a counterstatement be added to the files. No person shall have the right to have files handed over, corrected or destroyed.Art. 12 Support from the cantonal archives   1 The cantonal archives and other state archives shall support persons affected, their family members and any contact points in their search for files. 2 The cantonal archives shall also support the other state archives and the institutions under Article 10 paragraph 4 in the fulfilment of their obligations. Art. 13 Savings of persons affected  1 The cantonal archives, other state archives and the institutions under Article 10 paragraph 4 shall investigate at the request of persons affected whether their archives contain any information on savings of these persons affected. They shall advise and support the persons affected and, following their death, their family members in their search.2 If the files indicate that in the course of compulsory social measures or placements savings were held in a bank, the bank or its legal successor shall make the required enquiries free of charge at the request of the persons affected or, following their death, of their family members. Section 4 Counselling and Support from Cantonal Contact Points Art. 14 1 The cantons shall operate contact points for the persons affected. These shall provide counselling to the persons affected and their family members and provide persons recognised by the competent authority as victims with emergency aid and long-term help in terms of Article 2 letters a and b Victim Support Act of 23 March 200716 (Victim Support Act).2 The contact points shall assist the persons affected in preparing and submitting their applications for the solidarity contributions.3 Persons affected and their family members may go to the contact point of their choice.4 Where a canton provides services to persons resident in another canton, it shall receive compensation from that canton. Article 18 paragraph 2 of the Victim Support Act applies.16 SR 312.5Section 5 Academic Inquiry and Measures to raise Public Awareness Art. 15 Academic inquiry  1 The Federal Council shall arrange for a comprehensive academic inquiry to be conducted into compulsory social measures and placements prior to 1981.2 An independent commission shall conduct the academic inquiry into administrative detention; in doing so, it shall take account of other compulsory social measures and placement cases.3 The results of the academic inquiry shall be published. Personal data shall be made anonymous. 4 The competent authority shall work with the commission under paragraph 2 and other bodies responsible for the academic inquiry to ensure that the results of the academic inquiry are published and used. 5 It may, in particular, provide support for the following measures:a. media productions, exhibitions and presentations on the subject;b. inclusion of the inquiry results in teaching materials for compulsory schools and schools at upper secondary level;c. raising the awareness of the general public and public authorities, institutions and private individuals who are involved in compulsory social measures or placements under the current law.Art. 16 Symbols of remembrance  The Confederation shall endeavour to ensure that the cantons create symbols of remembrance.Section 6 Other Measures Art. 17 The competent authority may take further measures in the interests of the persons affected. They may in particular:a. support the establishment of a platform for search services;b. support self-help projects by organisations for victims and other persons affected. Section 7 Implementation Art. 18 Competent authority and advisory committee  1 The Federal Council shall determine the competent authority in terms of this Act. 2 It shall appoint the advisory committee (Art. 6 para. 3). Victims and other persons affected shall be represented on this committee. Art. 19 Implementing provisions  The Federal Council shall issue the implementing provisions. In doing so, it shall in particular regulate the details of:a. the procedure for applying for a solidarity contribution (Art. 5);b.17 ...c. the financing and implementation of additional measures under Article 17.17 Repealed by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), with effect from 1 Nov. 2020 (AS 2020 4175; BBl 2020 1639 1653).Section 8 Final Provisions Art. 20  Extinction of claims   Claims that have a direct legal basis in a compulsory social measure or placement and which are directed towards victims or their family members are extinguished by the entry into force of this Act.Art. 21 Repeal and amendment of other legislation  1 The Federal Act of 21 March 201418 on the Rehabilitation of Persons subject to Administrative Detention is repealed.2 …1918 [AS 2014 2293]19 The amendment may be consulted under AS 2017 753.Art. 21a20 Transitional Provisions to the Amendment of 20 December 2019  1 Article 4 paragraph 6 letter c as in the Amendment of 20 December 2019 also applies to solidarity contributions that are paid out before this Amendment comes into force.2 In derogation from Article 53 paragraph 2 of the Federal Act of 6 October 200021 on General Aspects of Social Security Law (GSSLA), decisions on annual supplementary benefits in which a solidarity contribution has been taken into account in the calculation of income in accordance with Article 11 SBA22 shall be reconsidered at the request of the insured person if this change results in a higher amount of the annual supplementary benefit.3 In derogation from Article 24 GSSLA, the right to subsequent payment of supplementary benefits is not lost as a result of this amendment.20 Inserted by No I of the FA of 20 Dec. 2019 (Guarantee of Supplementary Benefits to Victims), in force since 1 May 2020 (AS 2020 1267; BBl 2019 8081 8203).21 SR 830.122 SR 831.30Art. 21b23 Transitional Provision to the Amendment of 19 June 2020  Applications submitted to the competent authority between 1 April 2018 and the date on which the Amendment of 19 June 2020 comes into force shall be deemed to have been submitted on the date that this Amendment comes into force. This also applies to applications submitted in the same period that were not considered because the requirements for reinstating the time limit in accordance with Article 24 of the Administrative Procedure Act of 20 December 196824 were not met.23 Inserted by No I of the FA of 19 June 2020 (Abolition of the Deadline for Submitting Applications for Solidarity Contributions), in force since 1 Nov. 2020 (AS 2020 4175;  BBl 2020 1639 1653).24 SR 172.021Art. 22 Referendum and commencement  1 This Act is subject to an optional referendum.2 It shall be published in the Official Federal Gazette as soon as the popular initiative «Reparation for contract children and victims of compulsory social measures (Reparation Initiative)» has been withdrawn25 or rejected.3 If it is established ten days after expiry of the deadline for requesting a referendum that no referendum against the Act has been successfully requested, this Act shall come into force on the first day of the third month following the expiry of the deadline for requesting a referendum. 4 If a referendum is successfully requested and the Act is accepted in the referendum, this Act shall come into force on the first day following validation of the referendum result.Commencement date: 1 April 20172625 BBl 2016 7924, 2017 77326 See Art. 22 para. 3