Regulations on the Protection of the Personal Integrity of the Members of the Grand Council of the Canton of Basel-Stadt - Principles of the Regulation

1. The purpose of this regulation is to establish a framework for protecting the personal integrity of the members. This is to be achieved in particular through the appointment of an external confidant whom all members can approach.

2. This regulation defines the role and responsibilities of the confidant.

3. Members who knowingly accuse another member or person of violating personal integrity without basis, or who knowingly disseminate such suspicions, may be liable to prosecution.

1. This regulation applies to all situations in which one or more members of the Grand Council are involved in their capacity as members of the Grand Council, as well as to any official interaction between them and the staff of bodies subordinate to or assigned to the Grand Council, and the staff of the cantonal administration. Consequently, this regulation applies to all activities in which a member participates, whether in the context of meetings or other events directly related to parliamentary work.

1. A violation of personal integrity occurs when members are subjected to, among other things, discrimination, bullying, or sexual harassment. Injurious actions can manifest in verbal, written, non-verbal, or physical forms.

2. Discrimination is considered any behavior aimed at disadvantaging or demeaning a member without a legitimate reason due to their race, gender, age, language, genetic traits, ethnic and social origin, social status, lifestyle, sexual orientation, religious, philosophical and political beliefs, or due to a disability.

3. Bullying includes systematic, hostile behavior that is sustained or repeated over a certain period, intended to discredit, isolate, or ostracize a member.

4. Sexual harassment is considered any unwanted behavior of a sexual nature, namely

a) lewd and embarrassing remarks;

b) statements and jokes that demean members based on their gender;

c) pornographic images;

d) lewd, degrading looks and gestures;

e) unwanted touching;

f) repeated unwanted invitations;

g) attempts to make advances accompanied by promises of benefits or threats of disadvantages;

h) sexual and physical assaults;

i) coercion;

j) rape.

5. Depending on the severity of the behavior, a violation of personal integrity may be present with a single act. In the cases described in para. 4 lit. a-g, the intention of the acting person is not decisive, but rather the way in which the behavior is experienced and perceived by the member, taking into account the totality of the circumstances.

1. To protect the personal integrity of its members, the Council Office shall draw attention to these regulations in an appropriate manner.

2. Members of the Council Office may, if necessary and with the consent of the Presidency or the Council Office, enter into discussions with individual members of the Grand Council and employees of agencies subordinate to or associated with the Grand Council or the cantonal administration to address potential violations of personal integrity.

3. The Council Office appoints an external confidant.

1. The external confidant is a registered attorney with additional training in the field of mediation.

2. The council office shall communicate appropriately who the confidant is and how they can be reached.

3. The council office shall contractually arrange the details (including remuneration) of the engagement of the confidant with them.

1. The confidant offers support and advice to members who feel their personal integrity has been violated. They provide members with the opportunity for a confidential conversation.

2. The confidant can act in various forms, particularly by

a) Analyzing and identifying the violation of personal integrity;

b) Providing advice on behaviors through which the situation can be de-escalated or reported;

c) Identifying ways to change the situation or referring the member to another specialist;

d) Conducting a mediation procedure with the consent of the persons involved or referring the member to other authorities.

3. The confidant suggests the course of action they deem most suitable under the circumstances and does not take any steps without the prior written consent of the member.

4. The confidant does not have investigative authority. They independently decide on the conclusion of a case.

5. The confidant's consultations are strictly confidential and free of charge.

6. At the end of each office year, the confidant prepares a report on their work for the reporting year for the Council office, while strictly maintaining confidentiality.