A/HRC/8/41
Page 10
34.
In response to comments and questions put forward by various delegations, Switzerland
informed that it had mandated the University of Berne to set up the Human Rights Index, a database
which brings together all recommendations, country by country, by treaty bodies and special
procedures, accessible free of charge, and which since 2007 has been taken over and in managed by
OHCHR. The new Federal Act on Aliens stipulates that integration is fundamental. In addition,
cantons may grant the right of foreigners to vote and stand for election at canton and/or communal
level. Article 8 of the Federal Constitution provides a non-discrimination clause on the ground of
lifestyle, which is usually interpreted to cover homosexuality. The Partnership Act introduced
registers partnerships which provide a legal basis for the recognition of their lifestyle, similar to a
married couple. However, persons in registered partnerships are not authorized to adopt children or
to use medically assisted reproduction. There is at the moment no act specifically punishing acts of
homophobia. With regard to the freedom of expression and combating racism, Switzerland
recognizes four national languages and is designed to promote the harmonious coexistence of
various religions and communities. Switzerland has examined and concluded that it will not
withdraw its reservation to article 4 of the International Convention on the Elimination of All
Forms of Racial Discrimination, which is de facto already taken up in article 261 in the Criminal
Code. Switzerland does not intend to ratify the ICRMW, and noted that the Law on Foreign
Nationals Act is not compatible, in particular with regard to extra rights given to illegal migrants,
while it intends to see how this develops. The Federal Constitution does not provide for a right to
housing, while article 41 of the Constitution refers to social matters. However, pursuant to many
provisions in the Constitution, and as part of the housing policy, Switzerland assists persons to find
adequate housing and become tenants. It makes constant efforts to provide information on human
rights through education in schools, and by the use of websites and brochures. Human rights
policies are disseminated to canton authorities. International conventions are directly applicable in
Switzerland, enabling any individual, Swiss or foreigner, to invoke them directly before the federal
or cantonal courts, and there is a specific provision on recourse on human rights violations before
the Supreme Court.
35.
Côte d’Ivoire pleaded for a better treatment of migrants in Switzerland, especially those of
non-European origin, and asked for more information about the treatment of requests for family
reunification of African workers, and if the Swiss authorities could exclude the implementation of
any arbitrary measure, in particular through the use of DNA tests, in this regard. Côte d’Ivoire also
asked for clarification on the issuance of work permits on a regional basis, which seems to
discriminate non-European workers, and on the conformity of this practice with international law
on the right to work.
36.
Japan thanked Switzerland for organizing a Universal Periodic Review seminar early this
year. Understanding that the Federal authorities are considering the possibility of signing the
International Convention for the Protection of All Persons from Enforced Disappearance, and are
examining the impact of this instrument on the domestic legal system, Japan requested Switzerland
to elaborate more on the current status of the consideration of this issue. While there is a steady
progress in women’s participation in politics, and despite the work of gender equality institutions
and the relevant legislative actions undertaken, concerns are still being voiced regarding the wage
gap between women and men for work of equal value, especially in the private sector, and
regarding the situation of migrant women. Japan asked if Switzerland could evaluate the current
situation on this issue, and what policy measures are being contemplated currently or in the future
to improve the situation.
37.
Portugal recalled that in 2003, CEDAW recommended strengthening the existing machinery
for the promotion of gender equality by providing it with adequate resources, and enhancing
coordination among existing institutions. Taking into account the subsequent amendment of the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents