ThoseGeneva policy
A deputy proposes to repeal the law on begging
The law censored by the Federal Court must be retouched. The opportunity to get rid of it, says deputy Sylvain Thévoz.
A person in precariousness requires alms.
© Enrico Gastaldello
But why bother with this begging law? Socialist deputy Sylvain Thévoz has just submitted to the Grand Council a project repealing this text that the Federal Court recently found difficult.
We remember, the saga of the begging law rebounded in June. Seized by the defenders of the Roma, justice canceled fines imposed on beggars by the Geneva authorities. In summary, Cantonal law would be badthe size of the perimeters prohibited to begging at the entrance and exit of the businesses would not be clear, which complicates their respect by the defendants.
The conversion to the days of detention of fines not paid by sanctioned persons would be problematic as soon as “the fine is imposed on a person being immediately in the turn”. In short, the sanctions provided for by law brought disproportionately affected to fundamental rights.
“Violation of dignity”
Consulted, the Institutions Department announced that it wanted to correct the defects of the text. But for the socialist deputy, it is useless. His argument on the bottom? “Mendier consists in soliciting the generosity of others to obtain a modest pecuniary help. Its criminalization constitutes a violation of human dignity, protected by article 7 of the Federal Constitution. A company respectful of fundamental rights should not punish a person solely because they are poor and forced to request alms. ”
In addition, legal provisions repress the action of criminal bands, in particular article 182 against the trafficking of human beings.
Questioned, the deputy PLR Murat Julian Alder, defender of the begging law, is surprised by the position of the socialist: “It is irresponsible and it would create an air call. I am not convinced that the Genevans want to come back to the disastrous situation of the 2000s. Human trafficking networks would rub their hands! ” The debate will continue this fall in Parliament.
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