Legal and practical examination of the placement of minors in closed institutions or psychiatric hospitals

Result

The final report was submitted to the commissioning Federal Office of Justice and published together with a self-contained synthesis. It states that there are hardly any specific rules governing the protective placement of minors, that the existing rules on protective placement are not geared to the needs of children and adolescents, and that a revision of the legal basis of protective placement appears necessary. The recommendations are addressed to the Confederation, to the cantons and to institutions and clinics for children and adolescents.

The Federal Council took note of the evaluation report at its meeting of 19 August 2026 and concluded, on this basis and on the basis of the preceding evaluation of the protective placement of adults, that the provisions on protective placement are in need of revision. In particular, the protective placement of minors is to be newly and, in principle, autonomously regulated in the Swiss Civil Code, in such a way that the needs and specific circumstances of children and adolescents are taken into account to the greatest extent possible. Likewise, the legal situation regarding the implementation of medical measures in the context of a protective placement is to be clarified and harmonised where objectively justified, and a national statistic on protective placement is to be introduced. The Federal Council has instructed the FDJP to prepare a corresponding consultation draft for a revision of the Swiss Civil Code by summer 2028.

Description

The recommendation made in the 2019 study by the Swiss Competence Center for Human Rights (SCCHR) to specifically regulate the placement of minors in the ZGB has prompted the Federal Council to instruct the Federal Department of Justice and Police (FDJP) to examine whether the current legal regulation on compulsory care placements ("protective placement" [FU]; Art. 314b in conjunction with Art. 310 and 426 et seq. ZGB) adequately takes into account the special needs of minors and, in particular, fulfills the requirements of the United Nations Convention on the Rights of the Child (CRC).

The associated research mandate included, on the one hand, a practical review of the implementation of the applicable law in the cantons and, on the other hand, a legal assessment of the law in light of the Federal Constitution and Switzerland's obligations under international law, followed by a record of any need for legislative action. The results of this both legal and practice-oriented study formed the basis for the Federal Council's decision as to whether and in what form adjustments to the provisions for the care-related placement of children and adolescents are necessary.

The project comprised, on the one hand, the preparation of legal expert opinions on the legal basis at the cantonal and national level and, on the other hand, an empirical study that consisted of three interrelated research methods. In the first step, existing statistical reports and officially collected data were reviewed and, where possible, processed to answer the research questions. The aim was to obtain a comprehensive picture of the current situation regarding the placement of minors in care and to identify possible trends. This was followed by a representative online survey in selected institutions in the 26 Swiss cantons.

The survey aimed to capture the experiences and assessments of professionals. The data collected were intended to shed light on the practices of placement and the challenges associated with them. Concluding the empirical part, qualitative surveys on in-depth questions were conducted in five selected cantons in order to gain a better understanding of specific practices and challenges. The aim was to identify regional differences and similarities and, in conjunction with the legal expertise and statistical results, to derive recommendations for the whole of Switzerland.

Key data

Further documents and links