Le Secrétariat d’Etat aux migrations SEM recherche un/e: Conseiller/ère spécialisé/e Libre circulation des personnes – 80%-100% / Berne

La migration nous concerne
En tant que conseiller/ère spécialisé/e, vous aurez la chance de participer aux négociations avec l’UE sur l’accord sur la libre circulation des personnes, aux côtés d’une équipe dynamique.

Vos tâches

• Soutenir l’équipe de négociation en fournissant des analyses approfondies et des argumentaires sur des questions juridiques sélectionnées, en tenant compte du contexte des négociations avec l’UE en matière de politique intérieure et extérieure.

• Analyser la jurisprudence pertinente du Tribunal fédéral et de la Cour de justice des Communautés européennes.
• Participer à l’élaboration des documents en vue de l’approbation et de la mise en œuvre du résultat des négociations (consultation, message, ordonnances, instructions).
• Répondre aux questions juridiques liées à l’application de l’accord actuel sur la libre circulation des personnes.

Votre profil

• Diplôme universitaire (master) en droit, de préférence avec une spécialisation en droit européen ou en droit des migrations.

• Capacité de compréhension rapide et volonté de se familiariser rapidement avec de nouveaux domaines d’activité
• Joueur/se d’équipe avec de fortes capacités de communication, de conception et de rédaction ; capacité à penser en réseau et de manière interdisciplinaire
• Sens politique et intérêt pour la politique d’immigration de la Suisse
• Deux langues officielles et anglais

Informations complémentaires

Le poste est limité au 31 décembre 2025.

Pour de plus amples informations, veuillez contacter Mme Sarah Dubach, cheffe de la section Libre circulation des personnes, tél. +41 58 483 60 47.

Veuillez postuler via notre système de gestion des candidatures. Pour ce faire, veuillez cliquer sur «Pour postuler».

Numéro de référence: 420-11873

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À propos de nous

La section Libre circulation des personnes est responsable de la mise en œuvre et du développement de l’accord sur la libre circulation des personnes entre la Suisse et l’UE.

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L’administration fédérale est attentive aux différents parcours de vie et besoins de ses collaboratrices et collaborateurs et en favorise la diversité. Elle accorde la plus haute priorité à l’égalité de traitement.

Les personnes germanophones étant sous-représentées dans notre unité administrative, nous nous réjouissons de recevoir leur candidature.

US appeals court reinstates Iowa law banning books and restricting education about gender identity

The US Court of Appeals for the Eighth Circuit reinstated an Iowa law on Friday that law requires public school libraries to remove books that are not “age appropriate,” such as when they describe or depict “sex acts.” The law, SF 496, also forbids education about gender identity. A federal district judge previously enjoined those provisions, blocking their enforcement.

The appeals court vacated the district judge’s decision because he did not apply the correct analysis for facial challenges, which seek to block a law in all its applications, rather than as applied to the plaintiff. However, the plaintiffs in this case, which include an LGBT advocacy group, students, and teachers, may again request an injunction in the district court.

Yet, the appeals court noted that states, in defining public schools’ “pedagogical mission,” may limit expression, including what books libraries offer. The court added that judges ruling on such limitations should “bear in mind that Iowa is not required to tolerate speech that undermines or is inconsistent with its central mission of educating Iowa Children.”

Iowa Governor Kim Reynolds (R) celebrated the decision. She stressed that “it should be parents who decide when and if sexually explicit books are appropriate for their children.” Iowa Attorney General Brenna Bird also called the decision a victory.

The American Civil Liberties Union (ACLU), counsel for the plaintiffs, lamented that the law will now “take effect just before students go back to school.” But the organization also expressed hope, noting that the court rejected Iowa’s “most dangerous arguments” and that the plaintiffs will try to block the law again “at the earliest opportunity.”

Hot-button Iowa legislation has faced litigation in recent months. In July, a federal judge upheld the state’s six-week abortion ban. In May, civil rights groups sued to stop a criminal immigration law from going into effect. And in previous years, litigation ensued over the state’s limits on damages for victims of police brutality and mask-mandate bans.

Book bans over sexual or gender identity-related content are not unique to Iowa. A federal appellate court granted plaintiffs a victory in their challenge to Texas’s book ban. A district judge did the same in Arkansas. And Alabama and Idaho are considering similar bills, potentially giving rise to more litigation in the future.

The post US appeals court reinstates Iowa law banning books and restricting education about gender identity appeared first on JURIST – News.

Custody ruling in same-sex case hailed as LGBTQ+ milestone in China

Woman wins visiting rights to see daughter, but not son, in first recognition that child can have two legal mothers

More: https://www.theguardian.com/world/article/2024/aug/14/custody-ruling-in-same-sex-case-hailed-as-lgbt-milestone-in-china

US Supreme Court denies Title IX protections for LGBTQ+ students from taking effect

The US Supreme Court on Friday denied the US government’s application to enforce a new Title IX rule that expands protections to LGBTQ+ students under the definition of “sex discrimination.”

The court unanimously agreed that federal court injunctions blocking three provisions in the Title IX rule related to gender identity should remain in effect while cases are decided at the federal appeals courts. The justices were split on whether the federal injunctions should be upheld fully or partially.

The five-justice majority denied the US government’s request and fully upheld the injunctions for several reasons. They found that the US government did not provide a sufficient basis to overturn the lower federal courts’ finding that the definitional changes to “sex discrimination” to include gender identity are “intertwined with and affect[t] many other provisions of the new rule.” The majority also held that the government did not indicate which other provisions of the rule are independent of “sex discrimination” and could be enforced. Finally, the court noted that the issue regarding the definition of “sex discrimination” will be decided shortly, with the US Court of Appeals for the Sixth Circuit scheduled to hear oral arguments in October.

Justice Sonia Sotomayer, writing for the dissent, would have partially upheld the injunctions. She found the preliminary injunctions to be overbroad because they prevented unrelated rules that protected other groups from taking effect. The dissent characterized the Title IX changes as “covering a range of discrimination matters, most of which do not reference gender identity discrimination.” Justice Sotomayer noted that the majority’s decision would prevent unchallenged protections “such as those governing preemployment inquiries about an applicant’s marital status or sex and prohibiting pregnancy discrimination,” which “include no reference to gender identity discrimination or hostile environment harassment,” from taking effect.

The ruling is the latest setback to the US Department of Education’s contentious Title IX interpretation, which follows US President Joe Biden’s 2021 executive order on Title IX school protections. 26 states have now fully blocked the new Title IX protections from taking effect, and they will remain suspended until the merit of the injunctions is decided by the federal appeals courts. The next court hearings are the October oral hearings in the Sixth Circuit, a federal appeals court that hears appeals from the states of Kentucky, Michigan, Ohio and Tennessee. The court will hear the federal government’s appeal of the Title IX injunction that was granted in Tennessee v. Cardona.

Title IX of the Education Amendments of 1972 was landmark legislation that prohibited “sex-based discrimination” in schools or other education programs that received federal government funding. At the time of its enactment, gender identity and sexual orientation were not included in the definition, and the 2021 executive order and interpretation were actions to codify these protections for LGBTQ+ students.

The post US Supreme Court denies Title IX protections for LGBTQ+ students from taking effect appeared first on JURIST – News.

Bulgaria publishes law banning LGBTQ+ ‘propaganda’ in schools

Bulgaria published a law which aims to ban “propaganda” about LGBTQ+ people in schools on Friday. The controversial law was passed by Parliament on August 8, and it was subsequently accepted by President Rumen Radev in Bulgaria’s State Gazette.

The law amends Bulgaria’s Preschool and School Education Act, the policy governing the country’s schools, to include language that forbids “propaganda” about “non-traditional sexual orientation.” It defines non-traditional sexual orientation that as:

Different from the generally accepted and embedded in the Bulgarian legal tradition concepts of emotional, romantic, sexual or sensual attraction between persons of opposite sexes.

The law was widely criticized by LGBTQ+ rights NGOs. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) condemned the bill, stating:

The proponents of the law, the Revival Party, and all those who voted in favour of the law claim that this is to protect young people, however the truth is that this is an attack on the rights of children, particularly LGBTI children.

The Bulgarian law was modelled after Russian and Hungarian laws restricting expression surrounding sexual orientation. Those laws were passed in 2013 and 2021 respectively. Human Rights Watch described Russia’s law as an “unabashed example of political homophobia.”

Bulgaria is 1 of 16 member states of the Council of Europe which do not recognize same-sex unions. In 2023, the European Court of Human Rights found the nonrecognition violates Article 8 of the European Convention on Human Rights, which protects Europeans’ private and family life. ILGA ranked Bulgaria 40th out of 49 European countries in terms of their treatment of LGBTA+ individuals.

The post Bulgaria publishes law banning LGBTQ+ ‘propaganda’ in schools appeared first on JURIST – News.

Thailand has become the 44^th member state of the Equal Rights Coalition, an intergovernmental agency tasked with advancing the rights of LGBTQ and intersex people across the world

Thailand is the first Asian country to join the international body, which also includes member states from Europe, the Americas, Africa, and the Middle East.

The Equal Rights Coalition was founded in 2016 under the leadership of Uruguay and the Netherlands to promote LGBTQ and intersex human rights, through forums and idea exchange with a particular focus on reducing violence and discrimination, ending criminalization of LGBTQ and intersex people, and including LGBTQ and intersex people in development projects.

Thailand has made great progress on LGBTQ rights in recent years, including legalizing same-sex marriage and adoption earlier this year, and introducing a government bill to facilitate legal gender change.

The ERC has worked to expand its own capacity this year, launching a secretariat hosted by ILGA-World in Geneva. 

More: https://www.washingtonblade.com/2024/08/05/out-in-the-world-lgbtq-news-from-europe-and-asia-36/

More: https://equalrightscoalition.org/

USA: Utah becomes the first state to ban a list of books from all schools: “Dystopian”

More: https://www.lgbtqnation.com/2024/08/utah-becomes-first-state-to-ban-a-list-of-books-from-all-school-dystopian/

Breaking with Conservatism? – A Bolder Japanese Judiciary on the Rights of Sexual and Gender Minorities

See: https://verfassungsblog.de/japan-supreme-court-same-sex/

Bulgarian Parliament Adopts Amendment Banning LGBT ‘Promotion’ In Schools

The Bulgarian parliament passed an amendment on August 7 to ban LGBT “propaganda” in schools andvoted to pass a separate change that defines the concept of “nontraditional sexual orientation.”

The amendment to the Law on Preschool and School Education — proposed by the pro-Russian Revival (Vazrazhdane) party — passed 159-20 with 10 abstentions.

It bans the “propaganda, promotion, or incitement in any way, directly or indirectly, in the education system of ideas and views related to nontraditional sexual orientation and/or gender identity other than the biological one.”

Lawmakers also voted on a separate text that defines “nontraditional sexual orientation” as “different from the generally accepted and established notions in the Bulgarian legal tradition of emotional, romantic, sexual, or sensual attraction between persons of opposite sexes.”

The text also passed but with a smaller majority.

The main arguments for the changes were that they reflect the spirit of Bulgaria’s constitution, which stipulates that marriage is only between a man and a woman, and Orthodox values.

Most of the criticism of the changes centered on the term “nontraditional sexual orientation,” which matches part of the definition of sexual orientation in Wikipedia, an online encyclopedia.

“When we take texts from Wikipedia to make laws, it is not right-wing-oriented, it is not conservatively oriented, and it is not protection of Bulgarian children, it is cheap populism,” said Elisaveta Belobradova of the reformist We Continue the Change/Democratic Bulgaria (PP-DB).

Her colleague from the center-right GERB party, Georgi Georgiev, said that by adopting a definition of “nontraditional sexual orientation,” the deputies set an “unheard-of precedent” in the legal system of an EU member state. The text is discriminatory and contradicts the European Convention on Human Rights, he said.

Demonstrators took to the streets of Sofia after the amendment and text were adopted. People chanted “Shame on you” and “Stop chasing people out of Bulgaria.”

LevFem, the left-wing feminist group that organized the rally, said the amendment would make it impossible to combat the harassment in school of young lesbian, gay, bisexual, and transgender people.

The Bulgarian Helsinki Committee, a rights NGO, had urged lawmakers not to pass the changes, saying they “breach basic human rights,” including those enshrined in the Bulgarian Constitution as well as EU laws and international conventions.

Denitsa Lyubenova, a lawyer for Deystvie, an LGBT rights group in Bulgaria, said in a statement that the amendment “implicitly foreshadows a witch-hunt and sanctions any educational efforts related to LGBTQ people in school.”

With reporting by AFP

More: https://www.rferl.org/a/bulgaria-lgbt-sexual-orientation-amendment-schools/33069623.html

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Bulgaria’s National Assembly approved an amendment to its Pre-School and School Education Act on Wednesday, prohibiting its education system from promoting LGBTQ+ views in schools.

The anti-LGBTQ+ law, introduced four weeks ago by far-right and pro-Russian party Vazrazhdane, received an overwhelming majority in Bulgaria’s 240-seat parliament, securing 135 votes in favor, 57 against and eight abstentions.

The new law, which was swiftly passed with both readings held on the same day, specifically aims to ban any promotion, incitement or propaganda of non-traditional sexual choices and gender identifications in the Bulgarian education system. In a separate vote, lawmakers approved a different text that defined non-traditional sexual choices as choices that were different from general Bulgarian legal notions of romantic or emotional attraction between opposite sexes.

In response, many protesters, organized by feminist and LGBTQ+ organizations, took to the streets to condemn the amendment. According to several news reports, protestors were heard chanting statements such as veto the law, shame on you and we will not put up. There are no reports of violence at the protests.

The law has also faced widespread criticism from NGOs and human rights advocacy groups. LGBTQ+ NGO Forbidden Colors condemned Bulgaria’s recent law, describing it as a “blatant attack on children’s rights”. Furthermore, it described the amendment as “disturbingly reminiscent” of the anti-LGBTQ+ propaganda laws in Russia and Hungary, both of which ban any LGBTQ+ promotions to minors.

Bulgaria currently does not recognize same-sex marriage and was ranked third-worst among the 27 EU Member States for LGBTQ+ rights protection in 2024 in the most recent Rainbow Map—a map created annually by advocacy group ILGA-Europe which ranks European countries based on LGBTQ+ laws and policies.

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𝗣𝗿𝗶𝘅 𝘀𝗲𝗻𝗶𝗼𝗿 𝗠𝗮𝘂𝗿𝗶𝗰𝗲 𝗖𝗵𝗮𝗹𝘂𝗺𝗲𝗮𝘂 𝟮𝟬𝟮4 !

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𝗘𝗻𝘃𝗼𝘆𝗲𝘇 𝘃𝗼𝘁𝗿𝗲 𝗰𝗮𝗻𝗱𝗶𝗱𝗮𝘁𝘂𝗿𝗲 𝗱’𝗶𝗰𝗶 𝗹𝗲 𝟭𝗲𝗿 𝘀𝗲𝗽𝘁𝗲𝗺𝗯𝗿𝗲 𝟮𝟬𝟮𝟰 !

Pour en savoir plus et consulter le règlement, rendez-vous sur notre site : https://www.unige.ch/cmcss/

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