A/HRC/22/11
challenges posed by some popular initiatives vis-à-vis fundamental freedoms. In 2010 and
2011, the Federal Council had prepared two reports proposing solutions and concrete
measures to address this situation, envisaging also the possibility of extending grounds to
invalidate popular initiatives to the infringement of the essence of fundamental
Constitutional rights.
67.
In response to recommendations that Switzerland accede to the First Optional
Protocol to ICCPR, the delegation noted that the European Convention of Human Rights
provided the same guarantees and a well-established control mechanism. Switzerland had
joined this mechanism 35 years ago and accession to a parallel mechanism of protection
thus did not seem urgent or indispensable. However, considering its commitment made
during the first UPR review, the Government was indeed considering acceding to the
Optional Protocol and had requested the new Resource Centre for Human Rights to prepare
a comparative study on the jurisprudence of the Human Rights Committee and the
Strasbourg Court.
68.
On OP-CAT and the national mechanism of protection, the delegation recalled that
the National Commission for the Prevention of Torture, established in 2010, was
independent and tasked with visiting places of detention on a regular basis. The
Commission had established a dialogue with the competent authorities and with national
and regional partners. In its most recent report, the Commission had concluded that the
material conditions of detention in Switzerland were generally good, although some gaps
remained.
69.
Regarding the situation of persons with disabilities, the process of ratifying CRPD
ongoing. In that respect, the Federal Council aimed at suggesting to the Parliament the
accession to the Convention within the ongoing legislative period (2011–2015).
70.
Regarding the possible establishment of a national human rights institution,
extensive consultations by the Federal Council had led to the conclusion that, indeed, the
support such an institution could bring was necessary. In July 2009, the Federal Council
had thus decided to launch the Swiss Centre of Expertise in Human Rights as a five-year
pilot project. The Centre had begun its activities in May 2011 and would be subject to an
evaluation in 2014, with a view to its possible continuation under the framework of the
Paris Principles.
71.
Concerning issues of discrimination and integration, Switzerland considered that
constant efforts were required on the part of the State to address these. Given its legal and
institutional specificities, Switzerland had adopted a sectorial approach. Instead of a
national plan or a general law it had opted for a long-term strategy supported by the
Confederation, the cantons and the communes. In line with the country’s monistic legal
tradition, the ICERD provisions were considered framework law in the country and the
Federal Tribunal had used them in its jurisprudence. The Federal Council and Parliament
thus considered that the current legislation offered enough protection against the different
forms of discrimination. Regarding racist organizations, the delegation noted that, although
Switzerland did not have a specific law banning them, measures were taken against any
organization pursuing an illegal purpose.
72.
On the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICRMW), the delegation noted that Switzerland,
like other European countries, was not considering its accession in the near future.
73.
Armenia expressed appreciation for the country’s balanced policy on national and
religious minorities, as experienced by the Armenian community, with a commitment to
justice, impartiality and human values. It noted its ongoing policy to protect persons with
disabilities, but highlighted that migration management remained a challenge. Armenia
made recommendations.
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