Upon review, it is clear that Switzerland has taken a number of positive steps to combat domestic violence and to protect victims. The changes in Swiss law, which occurred even before the adoption of the Istanbul Convention, indicates a shift in society's attitude towards domestic violence. This is supported by the developments in on-the-ground enforcement, especially the creation of specialized units that are trained in how to handle situations that involve domestic violence. Nevertheless, it may also be argued that there is still work to be done on a national level in order to further align the Swiss response to domestic violence with the principles and spirit of the Istanbul Convention.

Suggested next steps

Following the amendment to Swiss law in 2004 and 2019 to better combat domestic violence, it can be argued that there is a need to conduct impact assessments to ascertain whether the aims of the amendments are being achieved. Particular attention should be paid to the decision not to require a formal complaint in order to prosecute individuals for alleged domestic violence. Since one of several core principles of the Istanbul Convention is victim protection, it should be assessed what impact this amendment has had on victims of domestic violence, as with other recent or anticipated Swiss domestic violence reforms. While the Council of Europe's Group of Experts on Action Against Violence Against Women and Domestic Violence is not due to evaluate Switzerland against the core tenants of the Istanbul Convention until the second half of 2022,^[48] we anticipate that further reforms to Switzerland's implementation of the Istanbul Convention will be recommended.

With respect to civil law, the requirement for a victim to compensate the offender for the time that they are removed from the home following a court order should be the subject of a similar victim impact assessment. Closer attention should also be paid to the protections offered under Swiss law to foreign nationals who experience domestic violence, especially as the threshold to avail use of this protection is very high. Lastly, reforms towards gender-neutral consent-based definitions, especially with respect to the offence of rape, would represent a critical and beneficial paradigm shift by widening the scope of the currently restrictive Swiss definitions and thereby further move Switzerland closer to implementing the full spirit of the Istanbul Convention and other international human rights norms.

With respect to the on-the-ground enforcement, it is clear that there is a need for better statistical information in order to effectively measure the impact that domestic violence legislation is having. There is a clear need to elevate the data-gathering exercise from the cantonal level and to centralize and standardize the statistics. Not only would this provide a more reliable measure that can be used nationally to inform both legal and policy decision-making, but it would provide a more effective benchmark internationally. Finally, it can be argued that there is a need to simultaneously support the work of domestic violence NGOs while reducing the state's reliance on these services. The data suggests that more victims are seeking shelter and services, signaling a need for better funding and cooperation between the state and NGOs who provide these essential services.