A/HRC/8/41
Page 4
by the Swiss cantons and people which fall under the aegis of the Confederation. Cantons have very
broad competencies in various areas such as education, police, health etc. The federal structure
sometimes involves entanglements of responsibilities. The principle of subsidiarity is fundamental
when it comes to ensuring the rights of Swiss citizens. The culture of dialogue with all the parties
involved was also maintained in drafting the national report for the Universal Periodic Review.
7.
The main observations made by NGOs have been included in the report. For example, with
regard to the creation of a national human rights institution, a working group consisting of
representatives of the cantons, the Confederation and of parliamentarians held meetings over the
last few months and drafted a report for the Federal Government on the feasibility of setting up a
national human rights institution. As regards the draft optional protocol to the International
Covenant on Economic, Social and Cultural Rights, Switzerland considered that the provisions of
the Covenant served as guidelines for the State’s legislation and policies. These rights are
programmatic in nature and do not necessarily lead to right before the court. Any international
treaty ratified by Switzerland immediately became part of national legislation. Switzerland was
exploring the opportunity to ratify the International Convention for the Protection of All Persons
from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities. On
the fight against discrimination, a series of laws for specific vulnerable groups such as women,
children, persons with disabilities, and foreigners exist. Switzerland noted that all citizens
participated in the decision-making process and there was a great transparency in political debates.
Efforts were continuously made to ensure that various sectors of society were able to express their
views. Finally, Switzerland stated that the Universal Periodic Review represented a real step
forward and made possible a venue to allow to listen to one another and make concrete
recommendations, and to understand the specificities and constraints faced by countries regarding
the implementation of human rights.
8.
In response to written questions submitted in advance, Switzerland noted with regard to the
application of the new law on asylum the assertions that some provisions were tough were not
valid, since the legal provisions that came into force in January 2007 were in line with the Federal
Constitution and with international public law. As of 1 January 2007 it was possible for an asylumseeker to be provided with a residence permit if conditions were met. With regard to the treatment
of foreigners, the law includes for the first time provisions on the integration of foreigners. The aim
is to ensure equal opportunities for foreigners and to allow aliens to participate in the political,
economic and social life. It was noted that 21 per cent of the Swiss population were foreigners and
that efforts were still needed in particular areas such as training, the labour market, public health,
etc. As to equality of sexes, women are still underrepresented in responsible jobs as it is sometimes
still difficult to combine professional and private lives. Various awareness-raising campaigns had
been organized to promote this equality. Financial assistance was made available to ensure that
children had access to nurseries and efforts were being made throughout the country to ensure that
all children could attend school. A number of projects have also been put in place to promote wage
equality between men and women, including by promoting companies that ensure equal salaries.
Within Parliament, the two chambers were almost unanimously in favor of the ratification of the
Optional Protocol to Convention on the Elimination of All Forms of Discrimination against
Women, which should take place in July 2008 unless a referendum is called for. Compatibility of
maternity leave and relevant benefits are in place, and more favourable provisions can be reached
through a collective labour agreement or measures at cantonal level. With regard to violence against
children and suicide, the scope of the phenomenon of sexual violence against children needs further
comprehensible studies throughout the country. There are criminal statistics which do not show the
full scope of the problem, as there is still underreporting on a number of cases. On the issue of
adolescent suicides, a report approved by the Federal Council in 2005 revealed that the yearly 1,400
cases of suicide were above the world average. It is essential to strengthen preventive measures, in
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