Switzerland ratified the Istanbul Convention in December 2017, with force from April 2018.^[22] Subject to the right of a signatory to exclude the adoption of certain tenants of the Istanbul Convention,^[23] the Istanbul Convention provides a uniform framework with respect to bolstering the prevention and prosecution of, and the protections against, domestic violence across signatories in a number of specific ways.

In addition to excluding Article 44, Paragraph 1(e) and Article 59 of the Istanbul Convention, Switzerland reserved its right to exclude the implementation of the following:^[24]

• Certain provisions of Article 44, Paragraph 3 of the Istanbul Convention that provide, with respect to sexual violence against adults and to forced abortion and forced sterilization, that signatories must ensure their enforcement.
• For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, parties will take the necessary legislative or other measures to ensure that their jurisdiction is not subordinated to the condition that the acts are criminalized in the territory where they were committed.
• Article 55, Paragraph 1, regarding minor offenses (Article 35 of the Convention) — "Ex parte and ex officio proceedings. Parties shall ensure that investigations into or prosecution of offences established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention shall not be wholly dependent upon a report or complaint filed by a victim if the offence was committed in whole or in part on its territory, and that the proceedings may continue even if the victim withdraws their statement or complaint."

As a result of the Istanbul Convention, the Federal Council proposed various amendments to the civil and criminal laws regarding domestic violence for consultation. On 3 July 2019, the Federal Council put corresponding changes in civil and criminal law into force as per 1 July 2020. The changes will affect the Civil Code (ZGB) and the Code of Civil Procedure (ZPO), the Criminal Code (StGB) as well as the Military Criminal Code (MStG). The new provision in the Civil Code will not enter into force until 1 January 2022 in order to allow the cantons to put in place the necessary preparations within a reasonable time. Whereas the amendments to these laws have already passed, there is arguably still room to influence their interpretation and development via case law or future amendments.

In the Civil Code (ZGB), the new Article 28c will enter into force on 1 January 2022. The court may then, at the request of the plaintiff, order the use of an electronic device that is permanently connected to the offending party, allowing for their whereabouts to be continuously detected and recorded.^[25] This measure may be ordered for a maximum period of six months but may be renewed several times, i.e., there is no statutory maximum on the number of renewals. The goal is to improve the enforcement of contact prohibition (Article 28b, p. 1 lit 1-3 ZGB).

The amendments to the Code of Civil Procedure (ZPO), which came into force on 1 July 2020, aim to remove certain obstacles to civil proceedings. For example, the victim will no longer be required to pay court costs in the proceedings for a decision. Furthermore, a conciliation procedure between the parties will not be necessary anymore. As it is possible that one case may cover different areas of law, the amendment will make it possible for civil courts to communicate with law enforcement authorities or other competent authorities in order to make the procedure more efficient.

In relation to criminal law, the threshold for the suspension and termination of criminal proceedings will be higher. For example, it will only be possible to suspend the procedure if this would contribute to either stabilizing or improving the situation of the victim, as determined by the relevant court. The aim is to reduce the burden on the victim by shifting the responsibility for this decision to the court. However, in addition to other circumstances,^[26] the victim's statement must be taken into account and assessed by such court when making this decision. Additionally, it will be possible for the competent authority, i.e., the state attorney or the court, to order the accused to participate in educational programs for violence prevention.

Despite the aforementioned reforms, the Swiss Criminal Code's definitions of rape and indecent assault are not yet aligned with the spirit of the Istanbul Convention. The Istanbul Convention provides that signatories will criminalize "non-consensual vaginal, anal or oral penetration of a sexual nature of the body of another person with any bodily part or object," "engaging in other non-consensual acts of a sexual nature with a person" and "causing another person to engage in non-consensual acts of a sexual nature with a third person."^[27] Comparatively, the Swiss Criminal Code defines rape^[28] and indecent assault^[29] on the basis of use of force or resistance by the victim and not, as the Istanbul Convention does, on the basis of consent. Moreover and contrary to the spirit of the Istanbul Convention, the Swiss offence of rape is only possible in respect of acts against "a person of the female sex."^[30] Lastly, Swiss law does not always explicitly consider the relationship (i.e., spouse, partner, family member, co-habitation or a person of authority) between the offender and the victim as aggravating circumstances when determining sentencing, contrary to the spirit of the Istanbul Convention.^[31] Taken together, these derogations from the spirit of the Istanbul Convention and other international human rights norms^[32] represent a fundamental, if not explicit,^[33] resistance towards certain critical areas of reform, despite the previously outlined positive trends.

Other adopted international legal frameworks

Apart from ratification of the Istanbul Convention, Switzerland is a signatory to other related international legal frameworks, including the following:

• The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.^[34]
• The United Nations Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.^[35]
• International Bill of Human Rights, which includes the Universal Declaration of Human Rights.
• The International Covenant on Civil and Political Rights.
• International Covenant on Economic, Social and Cultural Rights
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment: "any act by which severe pain or suffering, whether physical or mental harm is intentionally inflicted on a person, for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."
• Convention on the Rights of the Child.
• Rome Statute — International Criminal Court