Until 1981, a series of coercive measures for the purpose of assistance and placements outside the family affected more than 100,000 children and adults in Switzerland. The victims of these acts were people from disadvantaged backgrounds or whose lifestyle did not correspond to the social norms of the time. Among them were individuals who led itinerant lifestyles, such as the Yenish and Manouche/Sinti. The main perpetrator of these child removals was the “Highway Children's Work,” a programme run by the Pro Juventute foundation. Between 1926 and 1973, those responsible for this operation, with the help of the authorities, removed around 600 Yenish children from their parents and forcibly placed them in homes, correctional facilities and foster families, in violation of the principles of the rule of law. Manouche/Sinti were also among the victims. In addition, adults who had been placed outside their families as minors were placed under guardianship or in institutions, banned from marrying and, in some cases, forcibly sterilized. In addition to Pro Juventute, religious charities and authorities were also involved, with an estimated 2,000 children being placed in care.

During the 1970s and 1980s, these practices came under increasing public criticism. Voices were raised and politicians demanded that the past be addressed. In 1988 and 1992, Parliament, at the proposal of the Federal Council, granted a total of 11 million francs for the establishment of a “compensation fund for ‘children of the highway’”. In 2013, the Federal Council apologized to all victims of coercive measures and extra-familial placements. Since then, the federal government has launched and implemented various measures to continue the work of remembrance and to compensate those who suffered harm.

Legal opinion

In November 2021, the Union of Associations and Representatives of Swiss Nomads (UARNS) asked the federal government to recognize that genocide was committed against the Swiss Yenish and Manouche/Sinti peoples as part of the “Children of the Road” programme. In January 2024, the association Radgenossenschaft der Landstrasse demanded recognition of “cultural genocide.”

In view of the seriousness of the accusations, the FDHA decided to call in an independent expert. In March 2024, in consultation with the authors of the two requests, it commissioned Professor Oliver Diggelmann (Chair of Public International Law, European Law, Public Law and Political Philosophy at the University of Zurich) to prepare a legal opinion. The purpose of this mandate is to determine whether, under international public law, Switzerland bears responsibility for a crime of “genocide” or a “crime against humanity” against the Yeniches and the Manouches/Sintés.

There is a crime against humanity, but not genocide

The conclusion of the legal opinion is that the removal of children and the intention to break family ties in order to eliminate the nomadic way of life and assimilate the Yeniches and Manouches/Sintés must be classified as “crimes against humanity” according to the applicable criteria of public international law, within the meaning of the Rome Statute of the International Criminal Court. Under current law, the state was jointly responsible for the acts committed. The persecution of the Yeniches and Manouches/Sintés would not have been possible without the involvement of authorities at all levels of government (federal, cantonal and municipal). In particular, the Confederation maintained close ties – both personal and financial – with the Pro Juventute foundation, which ran the “Children of the Road” programme. However, although acts constituting a “crime against humanity” have been established, from a legal point of view, this does not constitute (cultural) genocide. This is because the concept of “cultural genocide” (the destruction of cultural existence) does not exist in public international law. According to the legal opinion, there is also no “genocide” in the strictest sense, since the “genocidal intent” (the intention to physically or biologically destroy human beings) necessary to establish such a crime is not present.

The Federal Council reiterates its apology

The Federal Council took note of the results of the legal opinion today. It has sent a letter to the Yenish and Manouche/Sinti communities in which it reiterates the government's apologies to the victims of coercive measures and extra-familial placements, and emphasizes that the Yenish and Manouche/Sinti are among these victims. In addition, the head of the Federal Department of Home Affairs, Federal Councilor Elisabeth Baume-Schneider, personally expressed the Federal Council's sympathy to representatives of the Yenish and Manouche/Sinti communities today. She also reiterated the need to remember the injustices committed. In this context, the FDHA, in consultation with those affected, will determine by the end of 2025 whether, in addition to the measures taken to date, there is a need to expand the remembrance work already carried out.

Measures already taken to commemorate coercive measures for the purpose of assistance and placements outside the family (non-exhaustive list)

• In 1983, the federal government published a report entitled Nomads in Switzerland – Situation, Problems, Recommendations. In 1998, the federal government commissioned a historical study on the actions taken under the “Highway Children's Programme.”
• Since 1986, the Confederation has made annual contributions to the Radgenossenschaft der Landstrasse association and, since 1997, to the foundation Assurer l'avenir des gens du voyage suisses (Securing the future of Swiss travelers).
• In 1988 and 1992, at the request of the Federal Council, the Federal Assembly granted a total of CHF 11 million for the establishment of a compensation fund for victims of the “Work for Children on the High Road” programme.
• In 2013, the Federal Council apologized to all persons who had been subjected to coercive measures for their own good or placed in care outside their families before 1981.
• In 2014, the Federal Act on the Rehabilitation of Persons Placed in Care by Administrative Decision came into force. In addition, an emergency aid fund was set up.
• In 2017, the Federal Act on Compulsory Care and Placement of Persons prior to 1981 came into force. This act provides, among other things, for solidarity contributions for those affected (including the Yenish and Manouche/Sinti communities), counseling and support for victims, and a scientific study.