Rs 446.1 Federal Law Of September 30, 2011 On The Encouragement Of Extra-Curricular Activities For Children And Young People (Law On The Promotion Of Childhood And Youth, Leej)

Original Language Title: RS 446.1 Loi fédérale du 30 septembre 2011 sur l’encouragement des activités extrascolaires des enfants et des jeunes (Loi sur l’encouragement de l’enfance et de la jeunesse, LEEJ)

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446.1 Federal law on the encouragement of extra-curricular activities for children and young people (law on the promotion of childhood and youth, LEEJ) September 30, 2011 (status 1 January 2013) the Federal Assembly of the Swiss Confederation, view of art. 67, al. 2, of the Constitution, given the message of the federal Council on September 17, 2010, stop: Section 1 provisions general art. 1 purpose this Act rule: a. support private organizations engaged in the activities of children and young people; b. the support granted to the cantons and municipalities for projects of extracurricular activities that are limited in time; c. collaboration between the Confederation and the cantons of childhood and youth policy; (d) the encouragement of the exchange of information and experiences and the development of skills in childhood policies and youth.

Art. 2 goal by this Act, the Confederation intends to encourage extracurricular activities to: a. promote the physical and intellectual well-being of children and young people; b. to help children and young people to become adults aware of their responsibilities to society; c. promote the social, cultural and political integration of children and young people.

Art. 3 non-discriminatory access to extracurricular activities all children and young people must have access to extracurricular activities free from discrimination because of their sex, their social affiliation, status of residence, of their origin, their race, their religious or political convictions, or because of a disability.

Art. 4 target groups the target groups of this Act are: a. all children and young people resident in Switzerland, of the age of entry to kindergarten at the age of 25 years; b. young people under 30 years old who voluntarily exercise a function of direction, advice or guidance within a private organization.

Art. 5 definitions for the purposes of this Act, means: a. extracurricular activities: associative activities and animation in an open environment for children and youth, including easy access offers; b. private body: any association, any organization and any private group active in the area of extracurricular activities; c. projects of national importance: 1. the projects that are made at the level of the country or linguistic region 2. transposable projects in another place without the involvement of the cantonal administrative structure or communal place.

Section 2 grant of financial assistance to private organizations art. 6 General conditions the Confederation may grant financial aid to private organizations that meet the following conditions: a. they are primarily active in the field of extracurricular activities or programs are regularly offered in this area; b. they don't pursue profit; c. they respect the right of children and young people a special protection of their integrity and the encouragement of their development within the meaning of art. 11, al. 1, of the Constitution.

The Confederation allocates no assistance for activities giving right to benefits provided by the law of June 17, 2011 on the encouragement of sport.

RS 415.0 art. 7 aid for management tasks and regular activities the Confederation may grant financial aid umbrella associations and active platforms of coordination across the country in the field of extracurricular activities for their management and their regular activities, if they meet the following conditions: a. they represent a significant number of public or private bodies; b. they assume tasks information and coordination at the national or international; c. they are working to develop extracurricular activities and to ensure their quality.

The Confederation may grant financial aid to particular organizations which meet the following requirements: a. they are active across the country or a language region; b. they exist for at least three years; c. they do regular activities in at least one of the following areas: 1. organisation of events in the field of extracurricular activities, 2 exchanges of young people at the international level or between different linguistic regions 3. information and documentation on topics related to children and youth, 4. collaboration and coordination with foreign or international organizations for childhood and youth;

d. they fulfill one of the following conditions: 1. as a membership-based organizations: count at least 500 children and young people among their members, 2. as a non-membership-based organizations: open their regular activities to all children and young people without preconditions and reach an audience of a certain size, 3. associations specialised in youth at the international level or between different linguistic areas exchanges as by these activities : organize each year at least 50 stays.

Art. 8 aid for projects of national significance that could serve as a model or encouraging the participation of young people the Confederation may grant financial aid to private organizations for projects of national importance in time limited who meet one of the following conditions: a. they may serve as a model for the development of extracurricular activities; b. they encourage particularly the participation of children and youth in the development and implementation of the project in question.

The federal Council may link the granting of financial aid to the consideration of issues and respect of goals he has set.

Art. 9 AIDS for the training and development the Confederation may grant financial aid to private organizations for the training and development of young people who voluntarily exercise a function management, advice or support.
The content of training and development courses is defined by mutual agreement by the federal Office of insurance social (FSIO) and the Agency.

Art. 10 political participation at the federal level the Confederation may grant financial aid to private organizations for projects to encourage the political participation of young people at the federal level.
The organizations in question to ensure that children and young people particularly in need of encouragement are associated as appropriate to the preparation and the realization of such projects.

Section 3 grant of financial assistance to the cantons and the art. 11. the Confederation may provide financial assistance to the cantons and municipalities for projects of national significance limited in time with value model for the development of extracurricular activities.
The themes and objectives of financial assistance are set jointly by the Confederation and the cantons.
Financial assistance are provided to the Commons with the agreement of the cantons concerned.

Section 4 granting and calculation of financial assistance art. 12 principles financial aid covered by this Act are allocated within the limits of the approved appropriations.
The federal Council may link the granting of financial assistance in respect of quality standards.

Art. 13 amount of financial aid financial aid covers 50% of attributable expenditures.

Art. 14 calculation of the amount of financial aid the amount of financial assistance is calculated depending on the following factors: a. the structure and size of the body; (b) the nature and extent of the activity or project; c. the margin of codecision of the children and young people; d. taking into account the needs of children or young people requiring particular encouragement; e. the degree of equality between the sexes; f. the contribution made by the Organization and support provided by third parties; (g) the measures taken to ensure the quality.

The federal Council sets the weighting of the criteria of calculation for different areas encouraged and defines the method of calculation.

Section 5 provisions procedural art. 15 procedure the procedure for the grant of financial assistance is governed by the Act of 5 October 1990 on subsidies.
Financial aid for the umbrella associations and platforms of coordination are granted under a contract for services, in accordance with art. 16, al. 2, of the Act of 5 October 1990 on subsidies.

RS 616.1 art. 16 competence the FSIO decides the granting of financial aid.

Art. 17 refusal and demand for return of financial aid the Federal Government refuses to allocate financial assistance or ask for restitution in the following cases: a. aid was granted on the basis of erroneous or misleading; b. the private entity or public not the requirements or does not load; c. assistance was not affected to funding for extracurricular activities; d. the goals agreed in the contract have not been met.

The private and public organizations at fault may be denied any further assistance within the meaning of this Act.
If a private organization is dissolved during the year, Confederation requires the refund pro rata temporis of the financial assistance that it has allocated for its management and regular activities within the meaning of art. 7.


Section 6 Collaboration and development of competencies art. 18 exchange of information and experiences the Confederation and the cantons collaborate in child and youth policy and to inform each other of activities and developments in this area. The Commons are associated if necessary.
The Confederation encourages the exchange of information and experiences among specialists of politics of childhood and youth.
It disseminates information on the types of extracurricular activities that have proven themselves.

Art. 19 participation in organizations and institution of the Federal organizations can accomplish the tasks provided for in this Act, participate in public or private organizations to establish specific organizations.

Art. 20 coordination at the federal level the FSIO coordinates the measures taken by the Confederation in the field of child and youth policy and ensures there is an exchange of information and experiences among the competent federal services.

Art. 21. the FSIO skills development can encourage the development of skills in the field of child and youth policy, including using specialists and by organizing conferences and national and international conferences.

Section 7 Federal Commission for childhood and youth art. 22. the federal Council shall establish a Federal Commission for children and youth (EKKJ).
When the full renewal of the commission, a third at least of its members must, to the extent possible, being aged less than 30 years. If a senior member of less than 30 years on his appointment withdraws during the term, his replacement must, wherever possible, be less of 30 years.
The EKKJ is responsible for the following tasks: a. advise the federal Council of childhood and youth policy; b. observe the situation of children and young people in Switzerland, monitor and, if necessary, to propose measures; c. regularly check if this Act take sufficient account of the situation of life of children and young people; d. review prior to the enactment of laws and substantive orders affecting children and youth policy, the consequences of these actions for children and youth; e. raise public awareness to the expectations and the needs of children and young people.

It shall, in the performance of its tasks, maintain a balance between the aspects of the protection, encouragement and participation of children and young people.

Section 8 provisions final art. 23 running the federal Council shall issue implementing provisions. He previously consults the umbrella associations of organizations active in the field of extracurricular activities for children and young people.
It can associate the umbrella associations and other organizations public or private right to enforcement of this Act; art. 16 is reserved.

Art. 24 assessment the FSIO regularly assesses the adequacy, effectiveness and the economic character of allocated financial aid and the measures taken under this Act.

Art. 25 repeal of the law in force the law of 6 October 1989 on youth activities is repealed.

[RO 1990 2007, 2006 5599 c. I 8]

Art. 26 available transitional the Confederation may, eight years after the entry into force of this Act, allocate to the cantons of financial aid for programs to build and develop their policy of childhood and youth.
Aid programs agreed by contract. The contract covers the objectives set jointly by the Confederation and the canton and the financial participation of the Confederation.

Art. 27 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 January 2013 RO 2012 5959 RS 101 FF 2010 6197 ACF from 17 oct. 2012 State on January 1, 2013

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