With the ratification of the Istanbul Convention, which came into force on 1 April 2018, Switzerland has committed itself to reviewing the framework of measures in the field of domestic violence and gender-based violence. In particular, it has undertaken to take the necessary steps to ensure that violence is taken into account in determining visiting and custody rights, in order to protect minors.

In the above-mentioned legislative context, the KidsToo Foundation commissioned the SUPSI 
Competence Centre for Healthcare Practices and Policies to carry out a study on “Children's exposure to violence in couples: analysis of processes and costs in the context of custody and visitation rights”, in collaboration with the Zürcher Hochschule für Angewandte Wissenschaften (ZHAW).

The project started from the observation that, according to the INFRAS study (2013) “Costs of violence in intimate relationships”, there is still no data on the costs of legal proceedings and support services for children exposed to domestic violence.

The project, conducted by SUPSI and ZHAW and lasting over 20 months from January 2024, analysed a sample of 41 cases of minors exposed to couple violence in the Cantons of St. Gallen, Ticino, Vaud and Zurich. The study provided an opportunity to critically examine the processes that lead to the authorities' decisions on visitation and custody rights in the interests of the children involved, and in particular to understand the procedures followed by institutions in such cases and the costs of these interventions in a sample of cases from the cantons of St. Gallen, Ticino and Zurich.

Through document analysis, field interviews and focus groups, the project highlighted how domestic violence and the involvement of minors in such violence tend to take a back seat in decisions regarding custody and access rights. When proceedings focus on regulating parental relationships, violence risks becoming invisible or being downgraded to a mere conflict between adults who are unable to cooperate, rather than being understood as a threat to the safety of children and the victimised parent. Furthermore, as already emerged in previous studies, the cases analysed confirm that the activation of early measures to support children exposed to intimate partner violence is not a well-established practice.

Consequently, the cost of proceedings, from the opening of the case to the decision on custody and visiting rights, is determined by the characteristics of the proceedings but not by the type of violence to which the children have been exposed. Even in serious situations, if the proceedings are closed after a quick investigation without offering immediate support measures to the victims, the costs tend to be lower.

The project has identified concrete ways to improve inter-institutional coordination and ensure better protection for children exposed to violence, with various recommendations including:

• strengthening the listening to children, ensuring hearings and adequate tools;
• interdisciplinary training for professionals (from law to social work, psychology and sociology);
• the revision of federal regulations, simplifying the division of responsibilities between authorities and setting mandatory deadlines for communications;
• the harmonisation of cantonal practices to ensure territorial equity;
• investment in prevention through early and coordinated interventions in favour of children, which are more effective and less costly;
• adequate funding for the services involved to avoid inefficiencies and delays.

The openness to critical reflection and the extensive collaboration of the authorities and services that participated in the study represent an important lever on which to focus in order to complete the transition towards full adoption of the Istanbul Convention.

The study is led by CLWS researcher Ornella Larenza in collaboration with Andreas Jud of ZHAW. The research team also includes Federica Bernasconi, Ersilia Gianella and Francesca Maci (SUPSI); Nicole Florence Eicher and Meret Sophie Walliman (ZHAW); Véronique Jaquier Erard and Fiona Friedli (HES-SO).

The full report and the executive summary are available at the following link. For more information on the study, please contact Ornella Larenza (ornella.larenza@supsi.ch).

The publication of the report is particularly significant as it coincides with the global campaign called ‘16 Days of Activism Against Gender-Based Violence’, organised every year from 25 November (International Day for the Elimination of Violence Against Women) to 10 December (International Human Rights Day). During the 16 days, discussions, events, workshops, demonstrations and information and awareness campaigns on the issue of gender-based violence are organised throughout Switzerland, with Ticino also participating with numerous initiatives.

In Ticino, a new Cantonal law against domestic violence is currently under discussion, which aims to strengthen cooperation between authorities, services and civil society by creating an integrated approach to prevention, protection and intervention.