A/HRC/45/15/Add.1
IV. Right to development, and the implementation of the
commitment to leave no one behind
42.
In the implementation of his mandate, the Special Rapporteur pays special attention
to the inclusion of the most disadvantaged groups in all decision-making and related
sustainable development processes. He also pays special attention to the gender dimensions
of his work, considering the developmental challenges that women and girls face in most
societies. Thus, in the present section he shares observations on the situations of women,
persons with disabilities, persons living in poverty and other vulnerable parts of the
population.
A.
Women and the right to development
43.
Switzerland is a party to several international instruments containing provisions on
equality between women and men. It has been a party to the Convention on the Elimination
of All Forms of Discrimination against Women since 1997 and a party to the Optional
Protocol thereto since 2008. It is also a party to the Council of Europe Convention on
Preventing and Combating Violence against Women and Domestic Violence (Istanbul
Convention), which has been in force in the country since 1 April 2018; the International
Convention on the Elimination of All Forms of Racial Discrimination (since 1994); and the
Convention on the Rights of the Child (since 1997).
44.
Article 8.3 of the federal Constitution states that men and women have equal rights,
that the law is to ensure their equality, both in law and in practice, most particularly in the
family, in education and in the workplace, and that men and women have the right to equal
pay for work of equal value. The Gender Equality Act, which entered into force in July
1996, is aimed at furthering true equality between women and men and guaranteeing access
to justice in employment discrimination cases. It is focused on equality in employment
relationships and applies to all private and public employment relationships, regardless of
the size of the employer or number of employees; private households; multinational
companies; municipalities; public institutions, such as hospitals and schools; and the federal
administration and large public entities. The Act prohibits direct and indirect discrimination
and explicitly states that sexual harassment is a form of discrimination based on sex.
45.
The Gender Equality Act was amended in 2018 to introduce measures to address pay
discrimination. The amendment entered into force on 1 July 2020 and introduces a
mandatory pay equality analysis for all companies with 100 or more employees, to be
conducted every four years. The Federal Office for Gender Equality has developed Logib,
software that provides companies with a self-assessment pay calculator. The tool, which is
free of charge, can be used to help fight the unexplained, unjustified part of the pay gap.
The analysis must be reviewed by an independent third party, such as an audit firm, and the
results must be communicated to the employees and, where applicable, shareholders.
46.
Other relevant legislation and measures include: the reform of the law on marriage,
in 1988; the introduction of a bonus for raising children in the calculation of the old-age
pension in the basic pension system, in 1997; the reform of the divorce law in 2000; the
introduction of the right to have access to legal abortion within the first 12 weeks of
pregnancy, in 2002; the prosecution ex officio of cases of domestic violence, as of 2004;
maternity leave of 14 weeks, as of 2005; the protection against violence, threats and
harassment, established under civil law in 2007; the prohibition, in the Criminal Code, of
female genital mutilation, in 2012; the revision of the law on names and citizenship, in
2013, 26 the prohibition of forced marriage in the Criminal Code and the adoption of
measures to combat such marriage, in 2013; and the introduction of joint legal custody of
26
10
Upon its ratification of the Convention on the Elimination of All Forms of Discrimination against
Women, Switzerland entered a reservation regarding article 16 (1) (g), since Swiss legislation
required women to take the family name of the husband. The Swiss Civil Code was amended in 2013
and the reservation was withdrawn. Currently each spouse can keep his or her name and citizenship
rights (CEDAW/C/CHE/4-5, para. 171).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents