Women and Justice: Keywords

Legislation

Law establishing a federal Center for the analysis of the migratory flows, the protection of the fundamental rights of foreigners and the fight against trafficking in human beings (Amendments to the Law of 15 February 1993) (2013)

Employment discrimination, LGBTIQ, Trafficking in persons

The Law of 15 February 1993 created the Centre for Combating Discrimination and Racism. Over the years, the scope of the Centre's anti-discrimination work expanded to include other forms of discrimination, like sexual orientation discrimination. In 2013, it was renamed the Interfederal Centre for Equal Opportunities and its mandate formally included the rights of foreigners and their humane treatment. In 2015, Myria (the Federal Migration Centre) split off to focus on human trafficking and protecting the human rights of migrants and foreigners. The Interfederal Centre was renamed Unia in 2016 and continues to focus on anti-discrimination and equal opportunity advocacy. Unia can take legal action in instances of discrimination based on race, sexual orientation, disability, age, religion, and other criteria of discrimination (e.g., health, wealth, political beliefs, physical characteristics, etc.). Myria may also take legal action on instances of discrimination within its mandate. More information about Unia, its work, and anti-discrimination resources is available on its website (information available in English, Français, Nederlands, and Deutsch). More information about Myria, its work, and anti-discrimination resources is available on its website (also in En, Fr, Ne, and De).


Anti-Discrimination Law of 10 May 2007 (2007)

LGBTIQ

The Anti-discrimination Law of 10 May 2007 prohibits discrimination (other than gender-based discrimination, which is the subject of the Gender Law) on the basis of several criteria, including sexual orientation. In line with the Gender Law, differences and positive action are only allowed under strict conditions and if justified by a legitimate aim. Victims, as well as the Centre for Equal Opportunities and Combatting Discrimination and Racism created by the Law of 15 February 1993, can take legal action. If the plaintiff produces facts that indicate that there has been discrimination, the burden of proof is on the defendant to demonstrate that there was no discrimination.