Protection of minors in Switzerland

The protection of minors in Switzerland is not regulated by any actual law on the protection of minors. The regulations on the protection of minors are made up of various federal and cantonal laws that protect children and young people in public. In principle, the minimum age for the consumption of tobacco and alcohol as well as the whereabouts and length of stay in public are specified in the laws .

alcohol

Federal regulation

Youth protection notice for restaurants and sales outlets, Federal Alcohol Administration and Gastrosuisse

Art. 11 Sales and advertising restrictions for alcoholic beverages
1. Alcoholic beverages may not be distributed to children and young people under 16 years of age. The provisions of the alcohol legislation remain reserved.
2. Alcoholic beverages must be offered for sale in such a way that they can be clearly distinguished from non-alcoholic beverages. At the point of sale, a clearly visible sign is to be affixed, on which it is indicated in clearly legible writing that the distribution of alcoholic beverages to children and young people is prohibited. In doing so, reference must be made to the minimum sales age in accordance with paragraph 1 and alcohol legislation.
3. Any advertising of alcoholic beverages specifically aimed at young people under the age of 18 is prohibited. In particular, advertising is prohibited:

a. in places and events that are mainly attended by young people;

b. in publications aimed mainly at young people;

c. on objects mainly used by young people;

d. on objects that are given to young people free of charge.

4. Alcoholic beverages must not be provided with information or images that are specifically aimed at young people under the age of 18, or be presented accordingly.

- Foodstuffs and consumer goods ordinance (LMV) 817.02 of March 1, 1995 (as of July 12, 2005) Art. 11

Art. 136 ¹¹⁸ Administering health-endangering substances to children
Anyone who gives a child under the age of 16 alcoholic beverages or other substances in quantities that may endanger their health or makes them available for consumption is punishable by imprisonment of up to three years or a fine.

- 311.0 Swiss Criminal Code of December 21, 1937 (as of January 1, 2015) - Art. 411

Art. 41 IV. Retail trade
1. Trade prohibitions
¹ Retail trade in distilled water is prohibited

i. by giving it to children and young people under the age of 18; (...)

Art. 57 V. Disregard of trade and advertising regulations
² Anyone who willfully or negligently

a. contravenes the rules on the restriction of advertising,

b. disregards the trade prohibitions of Article 41 in retail trade,

is punished with a fine of up to 10,000 francs.

- 680 Federal Act of June 21, 1932 on Distilled Water (Alcohol Act) Art. 411

According to the Food and Consumer Goods Ordinance of 1995, alcoholic beverages may not be given, sold or served to children and young people under the age of 16. Anyone who illegally gives, sells or makes available alcoholic beverages to children and young people under the age of 16 in quantities that are hazardous to health is punished with imprisonment of up to three years or a fine in accordance with Article 136 of the Swiss Criminal Code .

According to the federal law on distilled water, the distribution of " distilled water" ( spirits , as well as beer and wine with more than 15% by volume, and natural wine with more than 18% by volume) to children and young people under 18 is prohibited . Infringement is punishable by a fine of up to 10,000 francs in accordance with Art. 57.

Non-alcoholic drinks must be offered in a clearly distinguishable manner and a clearly visible sign with the applicable sales prohibitions must be placed at the point of sale. Advertising for alcoholic beverages of any kind aimed at children and young people under the age of 18 is prohibited.

Regulation of the cantons

In some cantons there are additional requirements and regulations that restrict the distribution and sale of alcoholic beverages to minors. In most cantons, the federal regulation has also been anchored in the restaurant laws or restaurant ordinances and violations are punished with fines.

Aargau

According to the Hospitality Act, at least one cheaper non-alcoholic drink must be offered than the cheapest alcoholic drink. The Cantonal Health Act also stipulates that alcoholic beverages may not be given to children and young people and spirits may not be given to children and young people under the age of 18. Parents are exempt from the ban. The sale of beer, sparkling wine and wine, on the other hand, is allowed to 16-year-olds.

Appenzell Innerrhoden

According to the Hospitality Act, alcoholic beverages may not be served to people who are obviously drunk, insane, or addicted to drinking or drugs. The distribution of distilled water to children and young people under the age of 18 is again explicitly forbidden in accordance with the Alcohol Act. In addition, flat-rate parties or all-you-can-drink parties are prohibited, unless they are part of a package deal with comprehensive warm menus, such as at banquets or butchers . Violation can be punished with a fine.

Basel city

According to the Hospitality Act alcoholic beverages are not allowed in schools and in restaurants of youth centers and swimming pools are offered or delivered and in vending machines. The serving of alcoholic beverages to people who are obviously drunk is prohibited. The distribution of alcoholic beverages is prohibited to persons under the age of 16, and of distilled alcoholic beverages to persons under the age of 18. Between midnight and 7 a.m., alcoholic beverages may not be given to children and young people under the age of 18. The distribution of alcoholic beverages to children under 18 is also prohibited on school trips and graduation trips.

Bern

Fully alcoholic hospitality businesses have to offer at least three soft drinks cheaper than the cheapest alcoholic drink in the same quantity. It is forbidden to dispense and sell alcoholic beverages to young people under the age of 16 as well as to primary school pupils, distilled alcoholic beverages to young people under the age of 18, alcoholic beverages to drunk people and alcoholic beverages using vending machines that are open to the public. Parents are exempt from the ban on selling children and young people. Violations of the provisions are punished with a fine of between 200 and 20,000 francs.

Neuchâtel

Beverages containing spirits may generally only be sold from 9:00 a.m.

Solothurn

According to the Hospitality Act, the distribution of alcoholic beverages to young people under the age of 16 and the distribution of distilled water to young people under the age of 18 are prohibited. Parents are exempt from the ban. Violation is punished with a fine of between 20 and 5000 francs.

Ticino

The Health Act of 1989 of the Canton of Ticino stipulates that no alcoholic beverages may be sold or served to children and young people under the age of 18. The regulations go beyond those of the federal government.

Zurich

Alcoholic inns offer a selection of non-alcoholic beverages that are no more expensive than the cheapest alcoholic beverage in the same quantity. The distribution of alcoholic beverages to drunk people, the mentally ill, alcohol or drug addicts is prohibited. In addition, the distribution of distilled water to young people under the age of 18 and the distribution of alcoholic beverages to young people under the age of 16 are prohibited. Parents are exempt from the ban. Free distribution is also prohibited.

Tobacco products

Sales age for tobacco products by canton:

Submission age 18 years

Submission age 16 years

No submission age

The state government has already made several attempts to introduce a uniform sales age for tobacco products throughout Switzerland, but all of them failed. The regulations therefore vary from canton to canton throughout Switzerland. In some cantons there are no regulations as of when cigarettes and other tobacco products may be sold, but dealers usually voluntarily undertake not to sell any tobacco products to under 16s. Valora , Coop and Denner have already announced that they will no longer sell tobacco products to under 18s across Switzerland by the end of January 2019 at the latest.

Submission age by canton
Canton	Submission age	Shall apply from	comment
Aargau	16	02/01/2010	The sale of e-cigarettes and e-shishas has been prohibited since June <16 years.
Appenzell Ausserrhoden	16	01/01/2008
Appenzell Innerrhoden	none	-
Basel-Country	18th	01/01/2007
Basel city	18th	08/01/2007
Bern	18th	01/01/2007	Designated smoking rooms or areas may only be entered from the age of 18.
Freiburg	16	01/01/2009
Geneva	none	-
Glarus	16	01/01/2014
Grisons	16	01/01/2006

Submission age by canton
Canton	Submission age	Shall apply from	comment
law	18th	01/01/2013
Lucerne	16	01/01/2006
Neuchâtel	18th	01/01/2015	Changeover period for machines until January 1, 2016.
Nidwalden	18th	03/01/2009
Obwalden	18th	1.2.2016
Schaffhausen	18th	01/01/2013
Schwyz	none	-
Solothurn	18th	01/01/2019
St. Gallen	16	10/01/2006
Ticino	18th	09/01/2013
Thurgau	16	01/01/2007
Uri	16	09/01/2009
Vaud	18th	01/01/2006
Valais	18th	01/01/2019
train	18th	03/01/2010
Zurich	16	06/30/2009

Restaurants and bars

It is up to the cantons to establish regulations for minors visiting restaurants, dance halls, night clubs or gambling establishments. Half of all cantons have blocking times for minors to visit restaurants.

Minimum age for visiting public bars
Canton	Restaurants	Dance halls	Night clubs	Gambling establishments	Remarks
Aargau	no regulation
Appenzell Ausserrhoden	no regulation			16 years
Appenzell Innerrhoden	<15 years: until 8 p.m. *	16 years		16 years	* except when accompanied by a legal guardian.
	> 15 years: unlimited			18 years of age (access to and participation in gaming rooms with skill machines)
Basel-Country	no regulation		no regulation	16 years	* Striptease, sex shows, sex videos and similar performances are prohibited under the age of 18.
			18 years (if * applies)
Basel city	no regulation		no regulation	16 years	* Striptease, sex shows, sex videos and similar performances are prohibited under the age of 16.
			16 years (if * applies)
Bern	<16 years: from 9 p.m. only with permission	16 years	18 years	16 years
	> 16 years: unlimited
Freiburg	<16 years: from 9 p.m. only with permission	no regulation
	> 16 years: unlimited
Geneva	<16 years: from midnight only if accompanied	no regulation
	> 16 years: unlimited
Glarus	no regulation	16 years
Grisons	no regulation		no regulation	no regulation	* Adolescents under the age of 18 are to be refused entry to dance performances with striptease performances.
			18 years (if * applies)
law	School-age children: from 9 p.m. only if accompanied	no regulation
	Non-school-age children: unlimited
Lucerne	no regulation
Neuchâtel	no regulation

Minimum age for visiting public bars
Canton	Restaurants	Dance halls	Night clubs	Gambling establishments	Remarks
Nidwalden	<12 years: only in company			16 years
	<16 years: until 10 p.m. unless accompanied
	> 16 years: unlimited
Obwalden	<12 years: only in company			16 years
	<16 years: until 10 p.m. unless accompanied
	> 16 years: unlimited
Schaffhausen	<16 years: until 10 p.m. unless accompanied			16 years
	> 16 years: unlimited			18 years of age (access to and participation in gaming rooms with skill machines)
Schwyz	no regulation
Solothurn	no regulation		16 years
St. Gallen	no regulation			16 years
Ticino	<16 years: until 11 p.m. unless accompanied		18 years
	> 16 years: unlimited
Thurgau	<16 years: until 10 p.m. unless accompanied		16 years
	> 16 years: unlimited
Uri	<12 years: after 8 p.m. only if accompanied	-	18 years	18 years
	<16 years: after midnight only if accompanied
	> 16 years: unlimited
Vaud	no regulation
Valais	<12 years: after 8 p.m. only if accompanied		18 years		Prohibition of entry to places where pornographic content or products are sold or played.
	<16 years: after 10 p.m. only if accompanied
	> 16 years: unlimited
train	no regulation
Zurich	<12 years: only in company		?
	<16 years: after 9 p.m. only if accompanied
	> 16 years: unlimited

Gambling

Federal regulations

Participation in games of chance in casinos is prohibited for children and young people under the age of 18. Anyone who illegally lets children and young people under the age of 18 take part in such games of chance will be fined up to 500,000 francs.

Regulations of the cantons

In some cantons there is also a ban on participating in games of chance , or a ban on entering places where games of chance are operated. Participation in lotteries was traditionally also permitted for children and young people in German-speaking Switzerland and Ticino. Since January 1, 2019, the Federal Council has set a minimum age of 18 years. The Loterie Romande prohibits the sale, participation and profit distribution to persons under 16 years.

media

Movies

In Switzerland, since January 1, 2013, the age of admission for film screenings has been determined by the "Swiss Commission for the Protection of Young People in Film", which is closely based on the German FSK . The approvals are binding for all cantons (with the exception of the cantons of Ticino and Zurich). In addition to a binding release, films also receive a non-binding age recommendation that may differ from the binding release. The following approvals are given for films:

• Released without age restriction
• Approved for ages 6 and up
• Approved for ages 8 and up (only for cinema screenings)
• Approved for ages 10 and up (only for cinema screenings)
• Suitable for ages 12 +
• Approved for ages 14 and up (only for cinema screenings)
• not for people under the age of 16
• Approved for ages 18+

Children and young people can attend a film screening accompanied by a parent or guardian whose age rating is max. 2 years may be undercut.

pornography

Anyone who offers, shows, leaves or makes accessible pornographic writings, sound or image recordings, images, other objects of this type or pornographic presentations to a person under the age of 16 will be punished with a prison sentence of up to three years or a fine. Access to sales outlets in which such writings, sound or image recordings, images, other objects of this kind are sold or distributed may therefore only be permitted to persons aged 16 and over.

In Valais , a cantonal law stipulates a minimum age of 18 years for visiting sales outlets or places where the aforementioned products are sold or distributed.

Games

In Switzerland, the manufacturers of computer and video games as well as retailers have voluntarily committed to the PEGI system. The code of conduct of the Swiss Interactive Entertainment Association (SIEA) obliges dealers to implement the PEGI approvals. If the approvals are violated, the code provides sanctions against the dealer.

See also

• Age rating

Individual evidence

1. ↑ Law on the hospitality industry and retail trade in alcoholic beverages (Hospitality Law, GGG). § 5 non-alcoholic drinks. P. 2 , accessed on August 5, 2015 . 
2. ↑ ^{a b} Health Act (GesG). Section 37 Tobacco and Alcohol Prevention; Protection of minors. January 20, 2009, accessed August 5, 2015 . 
3. ↑ ^{a b} Law on the hospitality industry and the trade in alcoholic beverages (Gastgewerbegesetz, GaG). Art. 38. April 24, 1994, p. 11 , accessed on July 13, 2015 . 
4. ↑ ^{a b} Law on the Hospitality Industry (Hospitality Law). Sections 30 and 31 September 15, 2004, p. 9 , accessed on July 13, 2015 . 
5. ↑ Hospitality Act (GGG). Art. November 29, 1993, p. 5 , accessed on July 13, 2015 . 
6. ^ Loi sur la police du commerce (LPCom). September 24, 2000, accessed July 13, 2015 (French). 
7. ↑ Law on the hospitality industry and trade in alcoholic beverages (Economic Law). § 34. Sales restrictions, protection of minors. June 9, 1996, p. 7 , accessed July 13, 2015 . 
8. ↑ Legge sulla promozione della salute e il coordinamento sanitario (Legge sanitaria). 6.1.1.1 Consumo di bevande alcoliche - Art. 51. April 18, 1989, accessed on July 13, 2015 (Italian). 
9. ↑ Hospitality Act. §§ 23, December 25, 1996, p. 4 , accessed on July 13, 2015 . 
10. ↑ J. Buchi: Zigis at least 18 - Politicians against sales ban. 20 minutes, May 22, 2014, accessed July 13, 2015 . 
11. ↑ Alexandra Aregger: Minors will soon no longer be allowed to buy cigarettes anywhere. In: nau.ch . December 22, 2018, accessed December 25, 2018 . 
12. ↑ Tobacco sales: Valora introduces a Swiss minimum age of 18 years. In: valora.com . December 21, 2018, accessed December 21, 2018 . 
13. ↑ Denner increases the minimum age for buying tobacco products to eighteen years. In: denner.ch . December 21, 2018, accessed December 25, 2018 . 
14. ↑ ^{a b} Cantonal tobacco sales bans on young people. Age limits selling tobacco products. Federal Office of Public Health, April 16, 2019, accessed on May 19, 2019 . 
15. ↑ Ordinance on the Gaming and Lottery Act. Art. 3 November 9, 1981, accessed August 8, 2015 . 
16. ↑ Law on gambling in public bars (SpG). Art. 12. (No longer available online.) April 27, 2008, p. 3 , archived from the original on March 4, 2016 ; accessed on July 13, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
17. ↑ Hospitality Act. § 12 Peace and order, protection of minors. June 5, 2003, accessed August 8, 2015 . 
18. ^ Law on slot machines, gambling halls and casinos. § 10 young people. May 18, 2000, accessed August 8, 2015 . 
19. ↑ Law on slot machines, gaming rooms and a casino (Casino Law). IV. Restrictions - § 14 Young People. February 1, 2012, accessed July 13, 2015 . 
20. ↑ Hospitality Act (GGG). Art. 26 - Protection of minors. November 11, 1993, p. 5 , accessed July 13, 2015 . 
21. ↑ Game Equipment Ordinance (SpV). Art. 14 - Protection of minors. (No longer available online.) December 20, 1995, archived from the original on December 25, 2012 ; accessed on July 13, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
22. ↑ Implementation regulations of November 16, 1992 for the Act on Public Restaurants and Dance (ARGTG). Retrieved July 13, 2015 . 
23. ^ Loi sur la restauration, le débit de boissons et l'hébergement (LRDBH). December 17, 1987, accessed July 13, 2015 (French). 
24. ↑ Ordinance on gaming machines and music machines, gaming salons and discos. 5. Protection of minors: Art. June 18, 23, 1981, accessed on August 8, 2015 . 
25. ↑ Law on the hospitality industry, the trade in alcoholic beverages and Carnival (Hospitality Law). Section 17 Protection of minors. September 15, 1997, accessed August 8, 2015 . 
26. ↑ Loi sur l'hôtellerie, la restauration et le commerce de boissons alcooliques (Loi sur les auberges). March 18, 1998, accessed July 13, 2015 (French). 
27. ↑ 854.1 Law on the Hospitality Industry and Trade in Alcoholic Beverages (Hospitality Law). Article 29 - Protection of minors. April 28, 1996, accessed July 13, 2015 . 
28. ↑ Hospitality Act. Article 17 - Catering for young people and children. June 8, 1997, p. 3 , accessed July 13, 2015 . 
29. ↑ Law on the market and traveler trade as well as games of skill and games of chance (market and traveler trade law). Art. 13 - Granting, withdrawal and expiry of the license. January 28, 2005, accessed July 13, 2015 . 
30. ↑ Law on the hospitality industry and retail trade in alcoholic beverages (Hospitality Law). Art. 14 - Protection of minors. December 13, 2004, p. 5 , accessed July 13, 2015 . 
31. ↑ Law on slot machines, gambling halls and the casino tax (Gaming Operations Act; SpBG). Art. 11 - Protection of minors. January 21, 2002, p. 4 , accessed July 13, 2015 . 
32. ↑ Law on the Hospitality Industry and Trade in Alcoholic Beverages. § 19. Protection of minors. June 9, 1996, p. 4 , accessed July 13, 2015 . 
33. ↑ Law on Playground Equipment and Playrooms (GSS). Art. 10 Protection of minors. June 6, 1982, accessed August 8, 2015 . 
34. ↑ Law on the hospitality industry and trade in alcoholic beverages (Hospitality Law). §26. June 26, 1996, p. 7 , accessed July 13, 2015 . 
35. ↑ HOSPITALITY ACT (GWG). Article 14 - Protection of minors. November 29, 1998, accessed July 13, 2015 . 
36. ↑ Hospitality Act. Art. 12 - Protection of minors. April 8, 2004, p. 4 , accessed July 13, 2015 . 
37. ↑ Hospitality Act. §27. December 1, 1996, p. 4 , accessed July 13, 2015 . 
38. ↑ SR 935.51 Federal Act of 29 September 2017 on Money Games (Money Games Act, BGS). Retrieved August 5, 2019 . 
39. ↑ Gambling in Switzerland. www.spielsucht-beratung.ch, accessed on July 13, 2015 . 
40. ↑ Protection of minors in the film. (No longer available online.) National program for the promotion of media skills - Federal Social Insurance Office, archived from the original on June 30, 2015 ; accessed on July 13, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
41. ↑ filmrating.ch. Swiss Commission for the Protection of Young People in Film, accessed on July 13, 2015 . 
42. ↑ 311.0 Swiss Criminal Code. Art. 197 ¹⁷⁷ Pornography. January 1, 2015, p. 84 , accessed July 13, 2015 . 
43. ↑ Age ratings for computer and video games (PEGI). (No longer available online.) National program to promote media skills - Federal Social Insurance Office, archived from the original on August 31, 2015 ; accessed on July 13, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  

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