The decision of the Federal Council not to pass any legislative proposal on joint parental custody as a rule until further notice cannot be justified. It is a victory for those forces that try to prevent the equality of father and mother for ideological reasons. GeCoBi has therefore published the following media communiqué:
For almost eight years now, the Federal Council has been tinkering with the new regulation of joint parental care. For two years, the Federal Council has promised to present a draft law.
And now a political patchwork is to be built from a clearly focused template that was already able to win a majority. Supposedly under the guise of "majority capability", a topic is being bobbled here that can probably no longer be stopped in any other way. The majority of the population and the majority of parliamentarians have long since spoken out in favor of joint parental care as the norm. With the transparent trick of combining custody with maintenance, the inevitable should now be postponed for several more years. The aim is apparently to break up old trench warfare again. The fact that we have had a legal vacuum in this area since the judgment of the European Court of Human Rights in December 2009 because the existing laws violate human rights does not seem to bother the Bundesrat.
Apparently, the Federal Council still hasn't realized that this path is exactly the wrong way round. Joint parental responsibility, as GeCoBi has been demanding for years, requires both parents to share responsibility. Both parents should also have the opportunity to take on both care and maintenance in the event of separation. However, this is only possible if both parents have the same parental custody status. The current regulation clearly and blatantly disadvantages fathers, who have no possibility of obtaining or keeping parental care without the mother's consent. Conversely, it also promotes the cementing of the old social images, namely it almost inevitably leads to the divorced woman being forced into childcare, while the divorced man has to work full-time because the alimony payments oblige him to do so. Fathers in particular, who want to play their role as fathers, are pushed out of the children's lives as a result.
If the legislature were instead to insist in the event of separation or divorce that the two parents find a viable solution for care and maintenance together, if it were to provide these parents with appropriate help (mediation, etc.), there would be far more positive solutions for everyone involved expected.
The right of the child to both his parents is a human right of the child. To make this dependent on a financial arrangement means putting the reins on the horse.
Oliver Hunziker
President GeCoBi
13.1.2011