A/HRC/22/11
8.
Democracy ensured the responsibility and engagement of citizens. The Swiss
democratic system encouraged dialogue and the search for solutions by consensus, with due
regard to the concerns of minorities.
9.
The rule of law served as a guarantee for fundamental freedoms, and all efforts were
taken to preserve and strengthen it. An important step in the unification of laws had been
the entry into force, in January 2011, of several laws and codes of procedure at the federal
level, which had replaced corresponding laws of the cantons. These federal laws, which
included in particular the Criminal Procedure Code, the Code of Criminal Procedure in
Juvenile Justice, and the Civil Procedure Code, constituted a further step in strengthening
equality before the law, predictability in the judicial system and human rights protection.
10.
The third principle, federalism, meant that authority was distributed according to the
principle of subsidiarity. Thus, it was not the Central State which gave directives to the
regions, but rather the different cantons of which the Confederation was composed which
delegated competencies to the Federal State. In this way, public functions were executed at
the communal and cantonal levels, which brought the State close to the citizens and
facilitated dialogue between them and the authorities. The interests of different groups
could thus be taken into account, with due respect for minorities. Federalism and the
protection of minorities were the institutional expression of the cultural, linguistic and
religious diversity of Switzerland.
11.
Finally, the principle of solidarity alluded to the social functions of the State. It was
reflected in the preamble of the Constitution, which provided that “the strength of the
community is measured by the well-being of its weakest members”. The social
responsibility of the State thus implied a commitment in favour of the most vulnerable
individuals, as well as policies promoting job creation and countering exclusion.
12.
Concerning the commitments made by Switzerland during the first cycle, the
delegation referred to the completed ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (OP-CEDAW). In addition, a number of ratification
procedures were currently under way, including with regard to the International Convention
for the Protection of All Persons from Enforced Disappearance (CPED), and the
Convention on the Rights of Persons with Disabilities (CRPD).
13.
Switzerland also recognized the importance of giving individuals recourse to
complaints mechanisms. Complaints on rights violations could be brought before the
European Court of Human Rights as well as before the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Where violations were found, measures had been taken to avoid their reoccurrence.
14.
In addition to existing official and independent consultative mechanisms at the
federal and cantonal levels, two new institutions had been created in 2010 and 2011,
namely the National Commission for the Prevention of Torture and the Swiss Resource
Centre for Human Rights. The establishment of the latter institution had been undertaken
with a view to creating a national human rights institutions conforming to the Paris
Principles, on which a decision would be taken by the Federal Council after completion of
the pilot phase in 2015.
15.
With regard to racial discrimination, the delegation noted that Switzerland followed
an integration policy that included active measures against all forms of discrimination.
Thus, by 2014, integration and anti-discrimination programmes had been developed in all
cantons. The access of victims to judicial protection is a central element of this
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