Of Manuela Antonacci
Insured prison in Switzerland for those guilty of the new crime of homo-transphobia.
Con 118 votes in favor and 60 opposite, the Swiss National Council approved the bill: the. was introduced into the penal code crime of homo – transphobia within the legislation that prohibits «incitement to hatred or discrimination against a person or group of people on the basis of their racial affiliation, ethnic or religious".
The proposal that is about to become law, it came from the national councilor of the socialist party Mathias Reynard.
As soon as the law comes into force, discrimination based on sexual orientation and gender identity will come in Switzerland prosecuted ex officio, like crimes of racism, and will be punishable with imprisonment up to 3 years. The ball now passes to the Council of States (Upper House) which is expected to approve this proposal in December.
Among the opponents of the new rule, Yves Nidegger, dell’Union of Center Democrats who placed emphasis on'impossibility of legally defining the crime of discrimination on the basis of gender identity and asks whether, at this point pedophilia, bisexuality, gerontofilia, necrophilia, fetishism, zoophilia and so on, given that creativity in this sector is inexhaustible, they are sexual orientations that must be protected or not.
The ideological approach of similar legislative proposals, come the Scalfarotto bill, would present another serious issue: the introduction of a crime figure based on a concept (that of homophobia and transphobia) not defined.
In the absence of rules that clearly indicate what it consists of, the nature of a homo-transphobic crime, risks being stability, from time to time, by the magistrate on duty, ending up depending solely on his personal ethical-moral convictions, in defiance of the principle of objectivity and typicality of the crime.
Instead, in a liberal and democratic state, the citizen must know in advance and clearly, what is considered a “crime”, otherwise you risk coming back during the times of the Soviet Union and of the crime of "counter-revolutionary activity" which no one knew what it was, but what he ended up in the gulag.
Hence the profoundly liberticidal nature of similar bills. It is also legally unfounded, in Switzerland as in Italy, the extension of the legislation that punishes racial and religious hatred, sexual orientation and gender identity, because similar protection could be invoked by other categories subject to heavy discrimination: disabled and obese, for example, me in theory, and anyone who feels discriminated against, based on your perception.
In the end, as the journalist pointed out Piero Ostellino in an editorial some time ago, in the Corriere della Sera, «I can't understand why hitting a homosexual would be an aggravating circumstance, while beating me who am "just" a human being without particulars, selective and distinctive, sexual qualifications would be less serious. Hitting someone is a crime. Point, enough and should be enough».
But all this can only be true if we start from the assumption that all men are equal before the law and it is evident that today this is no longer the case.
Source:
LifeSiteNews
Source: https://www.notizieprovita.it/notizie-dal-mondo/dittatura-in-svizzera-si-va-in-galera-per-il-reato-di-opinione/