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When it comes to Swiss citizenship, women have always been discriminated against. Actually, these injustices should have been formally eliminated almost 30 years ago, but in reality the rules that have been in place for decades are still working.
Christiane Humbert-Grossrieder is one who still feels this today. She was born in France in 1948, the second of four children of Swiss parents. Her mother was German-Swiss, her father French-Swiss.
Humbert-Grossrieder grew up with her three brothers in Les Tannards, not far from the Swiss border. When she came of age, the young Swiss registered abroad at the Swiss consulate in Besançon, thus retaining her Swiss citizenship.
Two of her brothers each married a French woman in adulthood, Humbert-Grossrieder married a French man in 1974: Jacques Humbert. A few years later, the couple found out that Christiane had lost her Swiss nationality.
“We should have indicated before the marriage that she wanted to keep her Swiss nationality,” says Jacques Humbert on the phone. This fact held true from 1953 until the law was revised in 1992 – only then did Swiss citizenship provide equal rights for men and women.
preference for foreign women
“This revision was related to the UN Convention on the Elimination of All Forms of Discrimination Against Women,” says civil rights specialist Barbara von Rütte. Until then, prevailing practice had not only discriminated against Swiss women, but also favored foreign women. “They automatically received citizenship when they married a Swiss citizen,” says von Rütte.
The situation was even more unfair until 1952, when the so-called marriage rule was still in effect. At that time, thousands of Swiss women automatically lost their passports when they married a foreigner – sometimes with dramatic consequences.
“Before we got married, nobody pointed this out to us,” says Jacques Humbert. When the couple realized they had lost their civil rights, they wanted to reverse this as soon as possible. “But that was no longer possible at that time.”
Many countries, such as Switzerland, have the so-called jus sanguinis, ie acquiring nationality through paternal or maternal descent. In addition to Switzerland, this also includes Germany and Austria, for example.
There are also countries that have jus soli, ie obtaining citizenship on the basis of birth in the country in question. This includes the typical immigration countries such as the US, South America, Canada or Australia, but not Switzerland. (Source: State Secretariat for Migration SEM)
Many countries, such as Switzerland, have the so-called jus sanguinis, ie acquiring nationality through paternal or maternal descent. In addition to Switzerland, this also includes Germany and Austria, for example.
There are also countries that have jus soli, ie obtaining citizenship on the basis of birth in the country in question. This includes the typical immigration countries such as the US, South America, Canada or Australia, but not Switzerland. (Source: State Secretariat for Migration SEM)
Only in 2003 should the law allow Christiane Humbert-Grossrieder to be naturalized again. What annoyed the couple even then: the marriage of the Humbert-Grossrieder brothers to French nationals did not affect their Swiss citizenship in any way. On the contrary: as said, your wives automatically received the red passport and they could keep the French one.
Only children of Swiss fathers received the passport
The Humbert-Grossrieder family grew. The two children were born in 1975 and 1980 – “and our daughters were not entitled to a Swiss passport either,” says Jacques Humbert, who has felt responsible over the years for the loss of civil rights of his wife and his descendants.
Even if his wife had Swiss citizenship at birth: Until 1984, only children of a Swiss father and a foreign mother were granted Swiss citizenship. This was refused to the child of a Swiss mother and a foreign father.
One can only estimate how many descendants of Swiss women were denied access to Swiss citizenship as a result. During the transitional arrangement from 1979 to 1985, about 140,000 children of Swiss mothers applied for recognition as Swiss citizens. There must be many more who could never take advantage of this facility.
Until 1952 was the so-called marriage rule. Swiss women who married a foreigner automatically lost Swiss citizenship.
Until 1978: Swiss woman who marries a foreigner loses Swiss citizenship unless she signs a declaration that she wants to keep it.
A foreigner who marries a Swiss automatically acquires Swiss citizenship.
A Swiss woman married to a foreigner cannot transfer Swiss citizenship to her children.
1978: A Swiss woman married to a foreigner can transfer Swiss citizenship to her children only if the mother is Swiss by birth (Swiss women are excluded by naturalization and marriage) and if the parents reside in Switzerland at the time of birth.
1985: The children of a Swiss mother married to a foreigner acquire Swiss citizenship from the mother at birth. No distinction is made between Swiss women by naturalization and Swiss women by descent, or between children born in Switzerland and children born abroad.
1992: Deprecation of the explanation rule. The marriage of a Swiss woman to a foreigner no longer results in the loss of civil rights. A foreigner who marries a Swiss citizen no longer automatically acquires Swiss citizenship.
1997: All children with a Swiss mother, including those living abroad, have the option of simplified naturalization with no age limit if they have close ties to Switzerland. The children of Swiss women by marriage remain an exception.
2003: Any distinction between Swiss women by descent, naturalization or adoption and Swiss women by marriage shall be abolished. A Swiss woman can transfer citizenship to the child through marriage, provided she possesses or previously held Swiss citizenship at the time of the child’s birth.
Until 1952 was the so-called marriage rule. Swiss women who married a foreigner automatically lost Swiss citizenship.
Until 1978: Swiss woman who marries a foreigner loses Swiss citizenship unless she signs a declaration that she wants to keep it.
A foreigner who marries a Swiss automatically acquires Swiss citizenship.
A Swiss woman married to a foreigner cannot transfer Swiss citizenship to her children.
1978: A Swiss woman married to a foreigner can transfer Swiss citizenship to her children only if the mother is Swiss by birth (Swiss women are excluded by naturalization and marriage) and if the parents reside in Switzerland at the time of birth.
1985: The children of a Swiss mother married to a foreigner acquire Swiss citizenship from the mother at birth. No distinction is made between Swiss women by naturalization and Swiss women by descent, or between children born in Switzerland and children born abroad.
1992: Deprecation of the explanation line. The marriage of a Swiss woman to a foreigner no longer results in the loss of civil rights. A foreigner who marries a Swiss citizen no longer automatically acquires Swiss citizenship.
1997: All children with a Swiss mother, including those living abroad, have the option of simplified naturalization with no age limit if they have close ties to Switzerland. The children of Swiss women by marriage remain an exception.
2003: Any distinction between Swiss women by descent, naturalization or adoption and Swiss women by marriage shall be abolished. A Swiss woman can transfer citizenship to the child through marriage, provided she possesses or previously held Swiss citizenship at the time of the child’s birth.
The years passed in which the Humbert-Grossrieder family “only” had French nationality. She was happy with that until she found out in 2008 that the law had changed in 2003 and Christiane Humbert-Grossrieder could apply for reinstatement.
Recovery without ulterior motives
“It was an emotional motivation to submit the application,” says Humbert-Grossrieder. There was no economic or financial interest in becoming Swiss again.
It was always clear to both that they would spend the rest of their lives in France as teachers who are now retired. In 2009, Christiane Humbert-Grossrieder got her red passport back – and has been using her right to vote ever since.
However, because their children were of age at the time they were re-naturalized, their citizenship was not transferred to them.
“For many years we thought it was unfair that the male-line descendants all have French-Swiss dual citizenship, but the female-line descendants do not,” says Jacques Humbert.
“The aftermath shows how strongly the jus sanguinis – the principle of descent – is still entrenched in Swiss society,” says lawyer von Rütte. Descendants from the maternal line are still massively affected by the consequences.
The federal court doesn’t get it
Remarkably, the Federal Supreme Court “did not understand the few decisions that had to be reviewed to end the discrimination,” says the civil rights specialist.
According to Von Rütte, a milder standard should be used when assessing the criteria, but that never happened. Von Rütte mentions the federal lawsuit of an expelled Belgian woman who was actually Swiss, but lost her Swiss citizenship through marriage and later her residence permit in Switzerland because she received social assistance.
At the time, the court wrote in its judgment that the complainant, who was once Swiss, played no part in these proceedings.
As long as Swiss women abroad register their children with the consulate in good time (ie before the age of 25), it is very easy to pass on Swiss citizenship. If the deadline is missed, they can apply for naturalization again for another 10 years. After that, this is only possible if you decide to live in Switzerland and have lived here for at least three years.
All deadlines have passed for the descendants of Christiane and Jacques Humbert-Grossrieder. Living in Switzerland is also out of the question for her. “Our daughters are both teachers and have no intention of ever working in Switzerland,” says Jacques Humbert. “But it would still have been practical for her.”
This text first appeared on swissinfo.ch and was made available to Blick.
Source:Blick
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