New torture law: that’s why the Federal Council is dealing with sadomasochistic toys

class=”sc-29f61514-0 icZBHN”>

Role playing in the Federal Council? A week ago, the state government addressed the question of whether and how goods from the erotic sector – especially those used in sadomasochistic practices – could fall under the new Torture Goods Act (FGG). This is what the CH Media newspapers write. They are based on the draft message of the Federal Council on the FGG, which was transmitted to Parliament.

The background: In September 2017, Switzerland signed a declaration along with 56 other countries. This stipulates that there will no longer be any trade in goods used for carrying out the death penalty or for torture. The Council of Europe adopted the corresponding recommendation to its Member States in spring 2021.

Switzerland wants to adapt to EU rules

In Switzerland, rules already exist that regulate the trade in such goods – for example in the Weapons or Medicines Act. However, the laws – with individual exceptions – do not provide for any control over whether the goods are actually used for torture or the death penalty.

According to CH Media, the Federal Council wants to adapt Swiss legislation to EU rules. For the government, it would be “shocking if Switzerland could be used as a platform to circumvent the trafficking of torture goods due to a lack of legal requirements.”

The Federal Council had already sent an initial draft for consultation last autumn. The article states that the feedback from cantons, parties and organizations was positive.

There are fears of more police checks over sadomasochistic toys

Still, there was critical feedback. Namely the effects of the new law on sadomasochistic sex toys. For example, the Cantonal Government of Ausserrhoden pointed out that the annexes of the EU Anti-Torture Regulation, on which the FGG is based, “include numerous goods used in the erotic sector (sado-masochistic practices),” CH Media quoted from the Report.

The fear: if the sadomasochistic toys actually suffer from this and require a permit in the future, “it is feared that the police force will have to take more repressive action.”

Seco has clarified matters with Germany

The responsible State Secretariat for Economic Affairs (Seco) has therefore specifically inquired about this question with the German Federal Office for Economic Affairs and Export Control, CH Media writes. The answers from the authority based in Eschborn, Hesse, apparently satisfied Seco.

Erotic goods therefore do not fall within the scope of the EU Anti-Torture Regulation and should not fall under the new Torture Goods Act, as the Federal Council explains in its message. That is why there are no exceptions to the permit requirement.

However, police circles are not yet completely reassured, writes CH Media, they fear legal uncertainty. Parliament will then deal with the FGG. (oko)

Source:Blick