A/HRC/8/41
Page 7
18.
Mexico recalled that there is no definition of torture in line with all elements of article 1 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CAT and asked if any measures were planned in that respect. It also asked whether any study had
been made on the compatibility of Swiss asylum law with its obligations under the 1951
Convention on refugees and its 1967 Protocol, and suggested that Switzerland review its legislation
on asylum and refugees in the light of these instruments, if needed. Mexico recommended the
ratification of the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women and the Optional Protocol to CAT. It also recommended the
creation or designation of a national mechanism for the prevention of torture and that Switzerland
accede to the International Convention for the Protection of All Persons from Enforced
Disappearance and the Convention on the Rights of Persons with Disabilities.
19.
Cuba hoped that Switzerland will withdraw its reservation to article 4 of the International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and wished to make
a recommendation in this regard. Recalling Switzerland’s engagement with humanitarian action,
Cuba asked about the prospects of attaining 0.7 per cent of GDP devoted to humanitarian aid,
instead of the level of 0.4 per cent in the last years. Cuba recommended that Switzerland consider
increasing its support and assistance to developing countries as a means of implementing the right
to development and as a contribution to the achievement of the Millennium Development Goals
(MDGs). Finally, Cuba enquired about the measures the Government intends to take to address the
high suicide rate among juveniles.
20.
In response to the interventions, Switzerland noted that since 1996 an office within the
federal administration coordinates work on the protection of children and informs of assistance.
Research is undertaken, subsidies provided, and a free of charge hotline is available 24 hours per
day to help young people in all cantons. Relevant departments at canton level dealing with health,
youth, sport, education undertake measures, and cantons undertake initiatives to ensure better
training of professionals to address violence against children. The human rights of migrants are
ensured in Switzerland by the Federal Constitution, international human rights provisions are
directly applicable and migrants can claim protection under these provisions before the courts. The
Federal Council and the Parliament always check and monitor whether a popular initiative is in line
with Switzerland’s international obligations. If such an initiative contravenes with peremptory
norms of international law, it is declared totally or partially null and void by the Federal Assembly.
This was the case, in 1994, with an initiative concerning asylum policy which was found to be
contrary to the principle of non-refoulement. With regard to the justiciability of economic, social
and cultural rights, the Federal Council considers that the standards of the International Covenant
on Economic, Social and Cultural Rights are not directly applicable. In May 2008, the Federal
Court considered it contains a catalogue of economic, social and cultural rights which each State
party undertakes to achieve progressively within available resources, and Switzerland considers that
the Covenant has programmatic provisions which provide guidance to Governments. With regard to
the children of Travellers and the right to education, it is a challenge to ensure access to schooling
in light of their nomadic lifestyle. Pragmatic solutions have included school attendance where the
families spend the winter, and during the summer the children are provided with necessary school
materials and interact with their teachers by correspondence. Switzerland has set the level of
overseas development assistance from 2008 to 2015 at 0.4 per cent of GDP. It ensures that
legislation and practice is compatible with the 1951 Convention relating to the Status of Refugees
and other international human rights commitments.
21.
China referred to the national report and to the report prepared by OHCHR which states that
women still suffer from various forms of discrimination both in employment and in daily life. The
rate of participation in political decision-making is still low and violence against women and sexual
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