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Four parliamentarians from Zurich wanted to know from the city council: are women allowed to swim topless in indoor swimming pools? The city council has now replied: All swimmers are allowed to bathe in the summer not only in the pool with a bare torso, but also in indoor pools. Observer lawyer Nicole Müller explains how bare breasts are regulated by law.
Were you surprised by the council’s response?
No, it matches my legal assessment. In my opinion, women cannot be forbidden to do the same things as men. That also means: bathing without a top.
This article first appeared in the “Observer”. More exciting articles can be found at www.bewachter.ch.
This article first appeared in the “Observer”. More exciting articles can be found at www.bewachter.ch.
Who decides?
The Federal Constitution. Article 8, paragraph 3, first sentence prohibits people from being treated differently on the basis of their sex and being disadvantaged as a result. The Federal Supreme Court has strict jurisdiction over this provision: men and women must be treated equally in all areas, “regardless of social conditions and ideas”.
So it doesn’t matter if anyone thinks half-naked women are indecent?
Precisely. For a topless ban it is not enough that someone is bothered by bare breasts. According to the Supreme Court, men and women may only be treated differently “if biological or functional differences based on sex absolutely preclude equal treatment”. There must be a compelling biological or functional reason for breasts to be covered. I can’t think of any. But that is ultimately not clear.
Why not?
Because there are no court decisions yet. A legal question is not considered resolved until the Federal Supreme Court has made a decision. Nor have I found any other texts by lawyers dealing with the subject. If a legal treatise or a court ruling ever comes out, it will be exciting.
What does the answer mean for the rest of Switzerland?
Perhaps other cantons will follow suit if there are corresponding questions from the public. After all, it is the first official statement.
Source:Blick
I am Liam Livingstone and I work in a news website. My main job is to write articles for the 24 Instant News. My specialty is covering politics and current affairs, which I’m passionate about. I have worked in this field for more than 5 years now and it’s been an amazing journey. With each passing day, my knowledge increases as well as my experience of the world we live in today.
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