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Ladies and gentlemen

During my first year as a member of the Swiss government, one event in particular has touched me: one that I will not forget in a hurry.

In June, I visited the Guido Fluri Foundation, where 800 former contract children and victims of compulsory social measures had gathered: people who have experienced unimaginable suffering. No one has a better reason to be angry with the state than those people, for Switzerland did them a great injustice.

Was it a difficult event for me as Minister for Justice?

Absolutely not. It was a wonderful summer party. There was cheerfulness and a feeling of optimism in the air. There was an atmosphere of reconciliation rather than a sense of victimhood. I am convinced that this has a lot to do with the way Switzerland dealt with this dark chapter in its social history, and I am pleased to share Switzerland's experiences with you today.

Child abuse in institutions was and still is a sad reality. This applies in Switzerland, too. It is estimated that hundreds of thousands of children have been affected by abuse over the last 150 years. The findings of various inquiries give us an idea of the extent of the abuse, even though the overall figures cannot be broken down into individual decades.

It has taken decades and a fundamental change in society to recognise this. It was only around the turn of the millennium that Swiss politicians began to show a willingness to come to terms with the past.

As is so often the case, it was not the authorities that took the first step. The initiative came from some of the people who had been affected. These victims organised themselves and sought to make their voice heard by the media, institutions, authorities and politicians.

Over time, more and more victims found the courage to speak out and take a stand, as did various authorities and institutions. The proverbial ball had started rolling. Gradually, more and more details about what had happened came to light. So did the extent of the abuse and the impact on those affected. Suddenly, the general public, the media and politicians began taking an interest. The silence had been broken. There was widespread sympathy.

Of course, there was also resistance - from politicians, institutions and organisations who feared for their reputation or that victims would claim damages. Without the popular initiative on reparations submitted by the Guido Fluri Foundation - let me be quite clear about this - we would not be where we are today.

The initiative quickly met with broad support from the public. The initiative called for Switzerland to make a fund of five hundred million francs available to pay financial compensation to victims and to set up an academic inquiry.

Thanks to the pressure of the initiative and broad public support, Parliament drafted and adopted new legislation in record time, incorporating the key issues of the initiative. As a result of the new law, there was no need to vote on the popular initiative anymore and it was withdrawn.

Ladies and gentlemen

No, we do not have a magic formula - because there isn't one. But, in our experience, there are preconditions that can help to ensure that the process of coming to terms with the past can succeed:

The most important prerequisite for coming to terms with historical child abuse is a willingness to deal with the past. This applies to both sides: society and the political establishment must be willing to look and listen carefully. And those affected must be willing to talk about what they have experienced. This confrontation with the past is often difficult and painful for those who have been exposed to abuse at first hand and who have suffered their entire life as a result.

Many of those affected have completely lost trust in the state. Contact with the authorities is understandably difficult for them, and mistrust is high. It is therefore crucial to be sensitive when dealing with the victims and not to raise false hopes. This is the only way they can slowly regain their trust in the state.

Trust is crucial for encouraging victims to participate in the process of confronting the past. Participation increases the acceptance of the process, by those affected, by the public and in political circles. It is essential to talk not just about the victims, but to them. You must engage with them as equals and hear their views on what a dignified process of coming to terms with the past might look like.

In Switzerland, it was the victims who set the process in motion. The same state that did them wrong also gave them the opportunity to confront the past - through a popular initiative. At the roundtable discussions, there were as many victims as there were representatives from the authorities and institutions. The victims helped to shape the law and they continue to play an important role today: for example, they work on the committee that decides on applications for solidarity contributions and they run their own self-help projects.

Academia can also make an important contribution to confronting the past by conducting research, providing facts and placing them in a historical context. In the case of Switzerland, the facts showed one thing very clearly: we failed. Not just the perpetrators of the abuse and the authorities, but also society as a whole, because it tolerated injustice and looked the other way.

In view of this clear fact, the apology - for the state's failure and for the lack of protection against abuse - was a key element of the process of coming to terms with the past. Two of my predecessors have apologised to the victims on behalf of the Swiss government. The law also states that the state recognises that the victims have suffered injustices that have marked their entire lives. I have sensed time and again that this admission means a great deal not only to those still living, but also to the relatives of all those who have long since passed away.

However, this individual reappraisal of historical abuse, the apologies and attempts at reparation are not enough. There is another important forward-looking aspect to consider.

Of course, the abuse was committed by individuals. But the authorities and society as a whole also failed the victims and bear their share of the responsibility. It is important for everyone to know

what happened at the time
and why it happened.

Only then can we learn from past injustices.

In Switzerland, research has shown where we can and must make changes - in practice and in legislation. There is currently a review of whether and how these findings can be implemented. And that will require political will. Not just in Switzerland.

The fact that you are addressing the issue of child abuse in institutions at the Council of Europe is a step that I very much welcome. I personally believe that protecting and promoting the well-being of children is one of the most important and noblest causes in politics. And you have it within your power to do so, because as politicians you can enforce and change the law. By looking, listening, addressing child abuse and improving child protection, you can make your country a better place to live in.

I wish you every success in this endeavour.

Ladies and gentlemen

We are nearing the end of this conference and I would like to express my heartfelt thanks to everyone who has contributed to its success.

At this point, I would like to return briefly to the summer party I mentioned at the beginning.

The former contract children, the children who were placed in homes, those who were fostered out, those who were locked up and those who were disenfranchised - they have made it. With the help of the Guido Fluri Foundation, they have helped to strengthen the rule of law. They have freed themselves from the role of victim. At the summer party, various people approached me and said "I have made my peace with Switzerlandˮ.

That touched me deeply. And it made me acutely aware of what it means to live in a country that gives people political tools - tools to fix mistakes in the system and to free themselves.

And it also made me aware of our responsibility. We cannot make amends for past injustices, but we can acknowledge them and come to terms with them.

And we can - and must - ensure they are not repeated.

Thank you for your attention.

Council of Europe Conference on ‘Child abuse in institutions’