A/HRC/45/15/Add.1
66.
On 9 May 2018, the Federal Council published a report on the national disability
policy.32 In the report, the Council focuses on promoting coordination at the federal level
and cooperation between the federal Government and the cantons, providing an impetus in
three priority areas (equality and work; living independently; and accessibility and
digitalization), on the preparation of a country report and on monitoring.
67.
Despite these positive new developments, organizations of persons with disabilities
have raised a concern that Switzerland still does not have a comprehensive policy for
persons with disabilities, nor a comprehensive plan for implementing obligations under the
Convention on the Rights of Persons with Disabilities. The disability policy continues to be
based largely on a medical understanding of disability that is focused on deficits. As a
result, disability as an issue is addressed, on both a substantive level and an institutional
level, primarily through social policy and benefits, and in particular using the instrument of
social insurance. The federal Constitution refers not only to disability and disabilities (art.
8, paras. 2 and 4) but also to invalidity (art. 41, para. 2). Switzerland informed the Special
Rapporteur that when referring to the risks covered by social security, its legislation uses
the term “invalidity”, in line with the Social Security (Minimum Standards) Convention,
1952 (No. 102) and Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No.
128) of the International Labour Organization. Organizations of persons with disabilities
have argued, however, that the term “invalidity” is based on a medical understanding of
disability that is focused on deficits. Another example is that in the federal act of 1946 on
old age and survivor’s insurance (art. 43 bis), the term “helplessness allowance” is used in
relation to persons with disabilities.33 The Special Rapporteur notes that Switzerland has an
obligation under article 4 of the Convention on the Rights of Persons with Disabilities to
eliminate any discriminatory terminology from its laws.
68.
Civil society organizations have also expressed concern that the concept of inclusion
has not been systematically embraced and implemented at the federal, cantonal or
municipal levels. The federal Constitution has, since it came into force in 2000, required
that both federal and cantonal lawmakers take action to eradicate any inequalities that affect
persons with disabilities (art. 8, para. 4). Stakeholders have raised concerns that,
nevertheless, most laws and political strategies are enacted and revised at all levels without
any involvement of persons with disabilities and without any consideration for their
concerns and needs. Switzerland informed the Special Rapporteur that a programme
entitled “Self-determined life”, jointly led by the Confederation and the cantons, will
increasingly address the issue of participation, including political participation, of people
with disabilities and of organizations of persons with disabilities over the course of the
coming years.
69.
Article 5, paragraph 1, of the Disability Discrimination Act states that the
Confederation and the cantons are to take measures to prevent, reduce or eliminate
discrimination and are to take account of the specific needs of women with disabilities.
Organizations of persons with disabilities, however, have expressed concern that there has
not been any further development of the State’s obligation to take account of the specific
needs of women with disabilities, and that neither the Federal Office for Gender Equality
nor the Federal Office for the Equality of Persons with Disabilities have a clear and
institutionalized mandate concerning the rights of women with disabilities.
70.
Women and girls with disabilities in particular frequently experience multiple forms
of discrimination, as evidenced by the following: their disadvantaged situation as regards
social security; stereotyping in the public consciousness and in relation to career choices;
lower levels of employment and more precarious work as compared with women and men
without a disability; the greater likelihood of their being affected by violence;
discrimination with regard to sexuality and family planning; and a lack of opportunities for
empowerment and participation in the political process. According to disability advocates,
women and girls with disabilities are confronted with particular challenges as regards their
32
33
14
Available from www.edi.admin.ch/edi/fr/home/fachstellen/bfeh/politique-nationale-du-handicap.html
(in French, German and Italian).
See www.admin.ch/opc/fr/classified-compilation/19460217/index.html (in French).
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