Summary

The past. An overview

Through the end of the 20th century, authorities in Switzerland reached deep into the lives of hundreds of thousands of people with “compulsory social measures and placements.” The measures were ordered in the name of providing care. The aim was to fight poverty and establish social order. But they resulted in grave injustices and suffering.

One of the most common measures was the placement of children and young people in homes, “reform schools” or foster families. Many had to do hard labour on farms or in other businesses as “contract children”, i.e. indentured child labourers. The measures also affected the Yenish and Sinti minorities, whose children were torn away from their families by authorities and charities and placed in foster families or children’s homes.

It was also very common for adults to be committed to poorhouses, correctional labour institutions or psychiatric clinics even though they were not convicted of crimes. The term for this was “administrative detention”. Some of the people were used for drug trials. Many were also sterilised against their will or forced to give their children up for adoption.

Some were subjected to severe psychological, physical and sexualised violence, suffered hunger, their health was neglected, or they were economically exploited. 

Public authorities, churches and private individuals were responsible for this suffering. They formed a convoluted and obscure care system characterised by strict moral conceptions, lacking oversight and cost considerations. The wider community, which turned a blind eye to it, also bears responsibility. 

There were also exceptions. Many children and youths had good experiences in homes or care facilities and felt that their time there had been good for them. But that only shows that it would have been possible, even in those days, to create good conditions that fostered the children’s welfare.

In the second half of the 20th century, the number of compulsory social measures steadily diminished. Criticism intensified, poverty diminished, and society grew more open. When Switzerland acceded to the European Convention on Human Rights in 1981, administrative detention was discontinued. It was replaced by “deprivation of liberty for the purposes of providing care”, which brought in better legal protections for affected persons. The reappraisal of compulsory social measures and placements therefore refers to the period before 1981.

The present. Consequences and reappraisal

For those affected, compulsory social measures often had devastating consequences that had a lasting impact on their lives. They continue to echo in the lives of those affected and their descendants today.

Research shows that people who have experienced violence frequently suffer from mental illness, chronic pain, financial difficulties, poorer educational outcomes and social exclusion. The consequences for society include higher health costs and social inequality.

A broad-based political examination of the issues began to emerge in Switzerland in the 1990s. Since the adoption of the “Federal Act on Compulsory Social Measures and Placements prior to 1981” in 2017, Switzerland has had a legal basis that recognises the injustices and the suffering that were inflicted on people and provides for a solidarity contribution for the victims. 

Cantons and municipalities, as well as the national churches, other organisations and foundations, are also involved in the reappraisal. They are erecting places of commemoration and raising public awareness of the injustices that were committed. 

As part of the reappraisal effort, compulsory social measures and placements are also being studied in the academic context. Among other studies, two large national research projects analysed the issues over a period of many years. The research findings are publicly accessible, for example through the database of this web platform. 

Switzerland is not the only country reappraising historical injustices. Internationally, it has been found that the mechanisms, experiences of those affected and the types of violence are very similar despite differing circumstances in the different countries.

Many countries are endeavouring to change their cultures of remembrance. People who were systematically marginalised and disadvantaged in the past should have their say and be given a place in society and in the shared cultural memory.

What lies ahead? Recognise, educate, re-think

It is not only affected persons and their families who are living with the consequences of compulsory social measures and placements, but also society. But by examining our history, we gain the opportunity to learn from past mistakes.

The federal government grants victims of compulsory social measures and placements a solidarity contribution of CHF 25,000. This solidarity contribution is a symbolic recognition of the injustices suffered and enables many victims to fulfil a major wish for the first time in their lives. However, it is not a compensation payment that could sustainably improve living conditions.

Every canton has contact points and archives that help affected persons in applying for the solidarity contribution and in the personal process of  coming to terms with their history. 

It is extremely important that this chapter of Swiss history is known to all, including future generations. That’s why education plays such an important role. The “remembering for tomorrow” programme, which also includes this web platform, a travelling exhibition, materials for schools and many other activities, are part of the federal government’s contribution to that effort. 

Many of those affected can’t imagine moving into a retirement home in old age because they have had bad experiences with institutions. Even their children and grandchildren are often profoundly shaped by those experiences, even if the affected persons never spoke about them personally. Among other information, this website contains an overview of the various support options available for those affected, as well as information for professionals in the social and healthcare sectors.

Even today, compulsory measures and extra-familial accommodation, as foster placements are called today, still occur. However, the legal situation and case law have evolved in Switzerland since the 1980s. 

Today, child and adult protection focuses on caring for, supporting, and protecting people who need help. 

If the welfare of a child is endangered and their parents are unable to improve the situation on their own, the child and adult protection authority (CAPA) applies the mildest appropriate support measures. The focus is not on withdrawing responsibility from the parents, but rather on finding solutions together. The child is only placed outside of the family as a last resort. 

For adults, there are various forms of assistance available to help them cope with everyday life. A person can only be placed in an appropriate institution if they suffer from a serious mental illness or disability, or if they are severely neglected. But even this is only resorted to when there is no alternative, and a milder measure is not sufficient.

There are not only compulsory measures under civil law, but also measures under criminal, asylum and foreign nationals’ law that are enforced against the will of the person concerned and restrict their personal freedom.

The prison system and social work have become more transparent and open, and the rights of those affected have been strengthened through complaint options and other measures. Yet current practices are still evolving and beset by a range of different challenges. The preservation of human dignity and the rule of law are paramount in this regard.

The lessons of history show that whenever a society intervenes in the lives of its members, there is a tension between help and control. Who is considered in need of support or protection? To what extent can we decide over our own lives? What rights do we have and how can we ensure that they are observed? And where does the state intervene? We must continue to ask ourselves and debate these questions.