Analysis provided by Soraya Pascoe, Legal Expert on Gender issues.

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Article 8 of the Swiss Constitution is the fundamental legal basis for equality between men and women in Switzerland in general.

Swiss family law specifically however, underwent a major reform in 1988 in order to bring domestic legislation in line with international norms on gender, in particularly CEDAW.

Thus, a Swiss Marriage Law of 1988 was codified and enacted in the Civil Code.

Engagement is covered in Articles 90-93 and, if there is a subsequent breakdown, the appropriate restitution for the exchange of gifts without gender bias.

The conditions for a null marriage are set out in articles 104-110. These include bigamy (therefore marriages in situations were women in some cultures or religions are expected to be wives in common to their spouse), where one spouse is incapacitated or where there is a marriage between a parent and child. Annulment is also provided for by virtue of Article 107. In particular 107.2 and 107.4 address the situation whereby a spouse may seek annulment for being forced into marriage. There are limitations to enforcement. The party seeking the annulment must do so within 6 months of becoming aware of the situation and in all cases within 5 years of the marriage ceremony itself. While the shorter limit may prove difficult for a female victim in fear of her spouse, the upper limit of five years, where in the practical application, the spouse must show good reason for the delay, is beneficial to such a vulnerable person.

There is also now by virtue of Article 159 an obligation on both parties to look after and educate their children, a change from the previous laws which had assigned roles in the marriage according to gender.

Despite the case ofBurghatz v Switzerlandbefore the European Court of Human Rights in 1994, whereby it was held that the Swiss government's refusal to allow the husband to take his wife's name upon marriage, was contrary to Articles 8 and 14 of the European Convention, the Civil Code restricts the family name to that of the husband upon marriage. (Article 160B). The only legislative means a woman may retain her name, is by including it as the first name of a 'double-barrel' surname.

A woman on divorce keeps the married name unless during the year after the court order, she applies for her previous name to be restored to her. (Article 119 of the Civil Code)

Other gender biases exist where one parent is Swiss and the other of another nationality. According to the Nationality Law, a child born to parents where the parents are married and one party a non Swiss national, is automatically Swiss. If the parents are not married, a child is only Swiss if born to a Swiss mother. Where the father is Swiss and the mother another nationality, a specific request must be made in order to try and gain Swiss nationality for the child.

Divorce laws have also been overhauled. The Swiss courts now take into account the contribution each party to a marriage has made, both financially and in domestic tasks where one spouse was not working. This has particularly brought fairness into divorce relief, especially for women, who are more likely to be the carer parent when children are born (Article 125).

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