A/HRC/8/41
Page 6
Rights Committee and the Committee on the Elimination of Discrimination against Women
(CEDAW) on the position of women within the Swiss society and the lack of a definition in
domestic law of “discrimination against women”, India recommended that Switzerland consider the
establishment of a national commission for women to facilitate a holistic approach at the national
level to issues related to women. India also enquired about the lack of a formal prohibition of
slavery in the Federal Constitution, as reported in paragraph 46 of the national report.
14.
Malaysia noted with encouragement the existence of various bodies providing advisory and
administrative services in the field of human rights and was interested to learn more about how
these bodies galvanise their synergy. Switzerland was thanked for information provided on the issue
of the establishment of a national human rights institution. Malaysia was impressed with
Switzerland’s efforts to address the scourge of racism and encouraged it to continue to take
effective measures to address concerns relating to the human rights of foreign communities and
national minorities for their better integration into the Swiss society.
15.
Egypt stated that, in recent years, an increase in racist and xenophobic acts was detected in
Switzerland, and recommended that existing mechanisms to fight racism be reinforced and that
specific legislation on racial discrimination be developed. Likewise, Egypt noted that acts of
incitement to racial and religious hatred, against particular racial and religious minorities are
presently quite common, and recommended that a specific law against incitement to racial and
religious hatred be adopted, in conformity with article 20, paragraph 2, of ICCPR. Furthermore,
Egypt observed that because the Swiss Constitution recognized civil and political rights as rights
but referred to economic, social and cultural rights as social goals, the International Covenant on
Economic, Social and Cultural Rights which Switzerland ratified more than 15 years ago cannot be
implemented properly. Egypt recommended that Switzerland rectify this situation, and the
justiciability of economic, social, and cultural rights be established in domestic law. It also
recommended that Switzerland ratify the ICRMW.
16.
Canada endorsed the recommendation made by Algeria and India on the need for the
establishment of a national human rights institution. Regarding the issue of democratic
naturalization, Canada recommended to maintain judiciary recourse on the granting of citizenship
process. It noted that most of the juvenile offenders are treated as adults and recommended that
offenders under 18 be treated in a different manner. Concerning the situation of foreign women
subject to violence and whose resident permits depend on the fact that they are living with their
spouses, Canada recommended that the revocation of the resident permit of married women who
are victims of domestic violence be subject to a review after a full evaluation of impact on those
women and their children. Regarding incidents of brutality against foreigners during their arrest or
deportation, Canada recommended the recruitment of minorities in the police and the establishment
of a body tasked to carry inquiries into cases of police brutality. Canada also recommended that
Switzerland continue its efforts to promote the use of non-gender specific language.
17.
France joined previous statements that the lack of a national human rights institution
undermines a comprehensive view of the human rights situation in Switzerland, and reiterated its
interest on developments on this matter. Furthermore, France asked for information on the process
of adoption of a federal law against discriminatory practices, especially discrimination against
disabled persons, and against gay, lesbian, bisexual and transsexual persons. In this framework,
France also enquired about the nature of sanctions and punishment for those guilty for violating the
human rights of persons with a different sexual orientation. It also took note of the related study on
the legal impact of the ratification of the International Convention for the Protection of All Persons
from Enforced Disappearance, and recommended that it be ratified.
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