EXPERTS OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS DISCUSS CLIMATE CHANGE MITIGATION AND CHALLENGES POSED BY THE FEDERAL SYSTEM WITH SWITZERLAND

The Committee on Economic, Social and Cultural Rights concluded today the review of the fourth periodic report of Switzerland on measures taken to implement the provisions of the International Covenant on Economic, Social and Cultural Rights. Committee Experts voiced concerns about Switzerland’s climate change policies as well as on challenges posed by the federal system vis-a-vis the rights enshrined in the Covenant.

Committee Experts said the Federal State should be able to highlight and address shortcomings on the part of cantons. There had been a lack of progress in certain areas following the holding of referenda at the canton level. Did the Federal State have the means to ensure that cantons respected international law? The State party was reportedly not upholding its obligations under the Convention related to the mitigation of climate risks. How would the concerns previously voiced by the Committee in that regard be addressed by the Swiss authorities?

Valérie Berset Bircher, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, said that, during the last session, Parliament had debated a law on C02, and a number of measures had been adopted, such as a tax on plane tickets and policies to improve home energy efficiency. It had also been decided that a debate on sustainable finance should take place in Switzerland. The Government had launched a mechanism allowing pension funds to analyse their level of “climate compatibility”, free of charge, thanks to a series of tests elaborated internationally. A climate strategy was being prepared to ensure Switzerland met the objectives of the Paris agreement on climate change. Additional measures would be put in place.

On the federal system, the delegation explained that in Switzerland the watchword was "diversity", as in diversity of policies, diversity of legislative measures, diversity of practices, and this diversity was necessary in a country that had no single culture or language. This splitting of political power guaranteed the active and effective exercise of citizenship, through participatory democracy at the local, cantonal and federal levels. On the flipside, the political system was characterized by its slow functioning; the implementation of a reform usually took several years.

In her concluding remarks, Ms. Berset Bircher thanked the Committee Experts for the constructive dialogue, which had been wealthy. Concluding observations would be translated in all official languages and transmitted to the cantons and other relevant governmental entities.

Laura-Maria Crãciunean-tatu, Committee Expert and Co-Rapporteur for Switzerland, thanked the delegation for its replies. She expressed hope that pending questions would be replied to in writing.

Renato Zerbini Ribeiro Leão, Committee Chairperson, concluded the meeting by saying that the dialogue had been fruitful. He thanked the delegation for its openness.

The delegation of Switzerland consisted of representatives of the Federal Department of Economic Affairs, Education and Research, the Federal Department of Justice and Police, the Federal Department of the Interior, the Federal Department of Foreign Affairs, the Secretariat of the Swiss Conference of Cantonal Directors of Public Instruction, and the Permanent Mission of Switzerland to the United Nations Office at Geneva.

The Committee will next meet in public today at 3 p.m., to consider the fourth periodic report of Israel (E/C.12/ISR/4).

Report

The Committee has before it the fourth periodic report of Switzerland (E/C.12/CHE/4).

Presentation of the Report

VALÉRIE BERSET BIRCHER, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, said that Switzerland was traditionally a monist country, that is a country in which international public law and national law are part of a single legal order. The Covenant was therefore immediately applicable and must be respected and implemented by the enforcement authorities.

The Federal Court recognized in principle the primacy of international law, while also making some exceptions. It interpreted national standards in a way that ensured that they were in line with international law, thus ensuring the harmonization of domestic norms and international law.

Switzerland was a party to the main conventions on human rights, and it had stepped up its efforts to ratify and implement the Covenant in recent years. The Federal Council regularly analysed laws and national policies with a view to the ratification of additional instruments for the protection of human rights. In that context, it would examine the possibility of withdrawing reservations it had previously made.

On 14 December 2018, Parliament had adopted an amendment to the Penal Code which extended anti-racism provisions to discrimination based on sexual orientation. This amendment to the Criminal Code would be submitted to a popular vote in 2020 and the Federal Council would invite the people of Switzerland to accept it. In addition, the Federal Council would examine the reduction of legal costs in cases related to discrimination.

Furthermore, Parliament would examine the possibility of extending marriage to all couples, including homosexual couples. On the fight against forced marriages, a specific programme had made a decisive contribution to helping the people concerned in various parts of the country. The Federal Council therefore intended to continue supporting concerned individuals to strengthen prevention and promote training amongst specialists.

In the area of working conditions conducive to a work-life balance, the Federal Council promoted the development of childcare solutions for preschool and school-age children that were adapted to the needs of parents.

Switzerland was a federal State: State power was divided between the Confederation, the cantons and communes. The Confederation only assumed the tasks that exceeded the capacity of the cantons or that required a uniform regulation by the Confederation. According to this principle, competence with regard to public action, when necessary, must be allocated to the smallest entity capable of solving the problem on its own. If a canton was unable to carry out the task it had been assigned, the higher entity, in other words the Confederation, should help it.

BERNARD WICHT, Director of International Affairs at the Secretariat of the Swiss Conference of Cantonal Directors of Public Instruction, explained that, in Switzerland, as in most federal States, important “State tasks” were not dealt with at the national level, but rather at the level of each canton. These tasks included, for example, those related to the management of education, police and most tax assessments. The watchword was therefore "diversity", as in diversity of policies, diversity of legislative measures, or diversity of practices.

The concept of a "national plan" was therefore very rarely used. This diversity was necessary in a country that has no single culture or language. This splitting of political power guaranteed the active and effective exercise of citizenship, through a participatory democracy at the local, cantonal and federal levels. On the flipside, the political system was characterized by its slow functioning; the implementation of a reform usually took several years.

Questions by Committee Experts

LAURA-MARIA CRÃCIUNEAN-TATU, Committee Expert and Rapporteur for Switzerland, asked whether the Government had consulted with civil society during the elaboration of the periodic report. If yes, would it be possible to provide some details on how this process of consultation had been carried out and how the interlocutors for these consultations had been selected?

Taking into account the federal structure of the country, would it be possible to provide information on coordination between the federal and cantonal governments? Did the delegation see a role in that regard for the future Swiss national human rights institution?

The Rapporteur expressed concern regarding the State party’s basically unchanged position on the justiciability and direct application and effects of economic, social and cultural rights. What were the main obstacles faced by Switzerland in recognizing their justiciability and direct application?

Were there any activities carried out among the legal professions in order to raise awareness about the dynamic interpretation of the Covenant?

Could the State party commit to put in place a regulatory framework on business and human rights in line with relevant guidelines and general observations published by the Committee?

Civil society organizations reported that the State party was not upholding its obligations under the Covenant related to the mitigation of climate risks. The statement adopted by the Committee on climate change in September 2019 stipulated that States must, in accordance with their human rights obligations and climate commitments, adopt and implement policies aimed at reducing emissions that reflected the highest possible ambition, fostered climate resilience, and ensured that public and private investments fostered a pathway towards low carbon emissions and climate resilient development. This included a scientific-based reduction of greenhouse gases. How would these concerns be addressed by the Swiss authorities?

On human rights impact assessments in free trade agreements, the Rapporteur asked if the State party had any intention to change its approach, conduct human rights impact assessments, and hold consultations with relevant actors from civil society.

On the reduction of legal costs in cases of discrimination, would it be possible to more precisely explain what were the current measures and which ones were envisaged for potential reductions? She also requested information on gaps in the judicial procedure and the reasoning that had led to the conclusion that the question of gender identity was ‘too vague’.

On gender equality, the Rapporteur expressed concerns regarding the general statement made by the Swiss authorities to the effect that domestic laws were already compliant with the Covenant, and that no amendments to the legislative framework were necessary. Several international bodies had highlighted obstacles that, inter alia, prevented women from occupying a greater number of senior managerial or political positions; impeded the equitable sharing of family responsibilities; had a negative effect, for women, on salary models and career plans; and led to the non-recognition of the work of caregivers.

Responses by the Delegation

VALÉRIE BERSET BIRCHER, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, said Switzerland had consulted with civil society organizations. In May, a draft report had been sent to a number of non-governmental organizations, such as Caritas and Inclusion Handicap. The Government had also taken part in a seminar organized with Swiss non-governmental organizations. In other words, yes, Switzerland did consult with civil society organizations, and it had clearly been the case in the preparation of this report.

On governmental coordination, the delegation explained that there was a pooling of efforts and a certain level of harmonization between the cantons.

In Switzerland, since 2011, the Swiss Centre of Expertise on Human Rights had been established as a pilot national human rights institute. The Federal Council had requested that the various options be explored prior to the establishment of a national human rights institute. The pilot project would soon be replaced by a full-fledged national human rights institute, which would, in line with the Paris Principles, encourage dialogue and foster education, awareness-raising and international cooperation. There were currently no plans to have an individual complaints system nor a monitoring mechanism. A draft bill had been submitted to the Federal Council which it should approve by the end of the year, and then be sent to Parliament for adoption.

On the justiciability of economic, social and cultural rights, delegates explained that the provisions of international law were directly applicable when certain criteria were met, such as the obligation that the provisions focused on the rights of individuals and that the norms be sufficiently clear. Further, several economic and cultural rights were enshrined in the Constitution, such as the right to strike. These rights were completed by “social goals” outlined in chapters of the Constitution. Economic, social and cultural rights were increasingly taken into account in the application of laws and the Constitution. The Federal Court had on various occasions stated that some of these rights could be invoked before it.

Basic training on human rights was part and parcel of the education provided in Switzerland at all levels. Awareness-raising activities were also carried out regularly. Measures were also taken to educate and train members of the judiciary. The Lawyers’ Association of Geneva, for instance, carried out activities and training on human rights.

Human rights were fully integrated in Switzerland’s approach to free trade. There were additional agreements, on sustainable development notably, that sought to ensure that Switzerland's partners implemented the relevant International Labour Organization conventions. The Government carried out surveys and studies on free trade agreements and climate change.

Impact studies on the area of human rights had not yet been conducted. The Government had decided to conduct a complete review of the methodology of these impact assessments. An external study would evaluate all the possible assessment methods available. It should be noted that all Switzerland’s free-trade agreements included monitoring and assessment mechanisms.

The National Human Rights and Enterprise Action Plan would be revised. It would be dedicated to the years 2021-2023 and centre on supporting businesses in developing a due diligence approach. This new national action plan would maintain business responsibility. An external study had been mandated to review past practices which had led to recommendations that would be integrated in the new action plan.

Turning to climate change, VALÉRIE BERSET BIRCHER, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, said that the Federal Council aimed to have carbon neutrality by 2050, in line with global efforts to reduce carbon emissions. During the last session, Parliament had debated a law on C02, and a number of measures had been adopted, such as a tax on plane tickets and policies to improve home energy efficiency. It had also been decided that a debate on sustainable finance should take place in Switzerland. A number of political initiatives had borne fruit and discussions were still underway to foster climate-friendly investments -- in that regard, climate-compatibility tests had been developed by the Government which would notably be used for pension funds.

Measures would be taken to make it easier to change one’s gender as registered in official records. Delegates explained that Parliament had decided not to cover gender identity as that notion was considered too vague. This notion corresponded to an individual identity “contrary to natural sex”. This did not mean that persons going through a sexual or gender transition were not protected by legal standards.

Members of Yenish, Manush and Roma communities could defend themselves by appealing to the competent authorities. Switzerland granted specific rights to them and considered them minorities. The Confederation was supporting initiatives to ensure they were protected and were able to safeguard the integrity of their communities.

Follow-up Questions by the Committee Experts

What was the Government doing to address unacceptable discrepancies between cantons, while maintaining that this federal system was worthy of admiration, asked an Expert? He noted that while men had paternity leave in some cantons, no such leave existed in others.

Another Expert asked for additional information on the work done by the State party on climate change.

Responses by the Delegation

VALÉRIE BERSET BIRCHER, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, said parliamentary discussions continued on business responsibility and a counter-proposal had been put forward by the National Council in 2018. There had been a number of differences between the two chambers. The counter-proposal had not been rejected, but would rather be discussed at the next session in December 2019. More information on the counter-proposal would be provided in writing.

The compatibility of popular initiatives and international law was topical. When they clashed, the Government was faced with a dilemma. It would seek to find practical solutions by weighing the political pros and cons.

Second Round of Questions by Committee Experts

HEISOO SHIN, Committee Expert and Co-Rapporteur for Switzerland, asked about the measures taken to protect older persons’ right to work. She requested information on compensation for discriminatory dismissal on the basis of age.

Congratulating the State party for ratifying the Convention on the Rights of Persons with Disabilities, she asked the delegation to provide an update on the changes generated by it. Could the delegation provide information on the employment of persons with disabilities, notably women? The absence of a national minimum wage was also flagged by the Co-Rapporteur.

On equal pay, she asked how the Government ensured the wage gap closed while relying on the voluntary compliance of employers.

The Committee had been told that asylum seekers could receive as little as 10 dollars per day as part of social assistance schemes. How did the Government ensure that all the people in need received adequate support across all cantons and regardless and their status?

Second Round of Answers by the Delegation

The delegation explained that Swiss law protected persons with disabilities from discrimination. The majority of persons with disabilities in Switzerland worked, mostly in the mainstream labour market. There was a disability insurance scheme and a whole range of tools to address the issues faced by women with disabilities.

One in five workers was over the age of 55 in Switzerland. The employment was high amongst older people; it had been climbing for 25 years. New measures would be put in place to address this situation, such as additional reintegration measures and transitional funds for older persons who were looking for a job.

Asylum seekers were not allowed to work. This rule was in place to foster rapid asylum application procedures. When they were transferred to cantons, asylum seekers were allowed to have a gainful occupation, under certain conditions. Memoranda of understanding had been signed with cantons in that regard.

On equal pay, the law did not enshrine sanctions or penalties, but employers had the obligation to analyse wages and gaps. A draft law providing for the imposition of sanctions had been considered by Parliament but had failed to garner sufficient votes. While there was no federal minimum wage, social partners were responsible for establishing them at the sectoral level, through the conclusion of labour agreements. The responsibility of social partners was strong and recognized; the flexibility to negotiate that the Swiss enjoyed was key in that regard.

On social assistance, he said the low level of support given to asylum seekers sought to prevent abuse; this approach was in line with the law.

Third Round of Questions by Committee Experts

LAURA-MARIA CRÃCIUNEAN-TATU, Committee Expert and Co-Rapporteur for Switzerland, said little headway had been made between 2011 and 2018 with regard to the concerns previously expressed by the Committee. She requested information on the gap between the demand for out of home childcare for children in preschool age, and the cost of such services, canton by canton.

On refugees, the federal law maintained a distinction between recognized refugees and persons, including refugees, temporarily admitted. What was the justification for the difference in treatment this generated? He requested information on the 3-year waiting time for family reunification. Could the delegation comment on the discrepancies in cash transfers offered to refugees across cantons?

The Co-Rapporteur asked about the specific results of the National Programme to Prevent and Combat Poverty and efforts made to identify the causes of poverty and eradicate them. She pointed out that there were contradictions between information contained in the State party’s report and that provided by non-governmental organizations regarding housing for refugees. Did Switzerland acknowledge that if faced challenges in that regard that it must overcome?

Third Round of Replies by the Delegation

The delegation explained that, in 2016, over 60 per cent of the Government’s expenditures had been devoted to the application of rights enshrined in the Covenant. On measures aiming to foster a work-family balance, Parliament had recently welcomed a draft bill on reconciling professional activities and caring for loved ones; it provided for paid leave for people having to care for a member of their family, such as parents wishing to care for their children suffering from illness.

VALÉRIE BERSET BIRCHER, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, said to date, a series of measures had been taken on climate change, including the launch of a mechanism allowing pension funds to analyse their level of “climate compatibility”, free of charge, thanks to a series of tests elaborated internationally. A climate strategy was being prepared to ensure Switzerland met the objectives of the Paris agreement on climate change. Additional measures would be put in place.

The delegation said it could not provide data disaggregated by canton on childcare. It said that 20 per cent of early school age children had not been able to find a place in childcare centres in line with their parents' needs.

On asylum, a recognized refugee to whom asylum was granted received a B permit and that individual’s stay was considered sustainable. In such cases, family reunification was possible. There was another category of asylum seekers who had been subject to a return decision, but for whom the return could not be enforced, due to illness, for instance. In such cases, the imposition of a waiting period for family reunification was deemed suitable.

All persons admitted temporarily had not necessary gone through an asylum procedure. The Government did not have any statistics showing that persons who had been admitted temporarily had given up social assistance in order to meet the family reunification criteria. In that regard, the delegation explained that the requirement “to not be dependant on social benefits,” which was used for the family reunification procedure, had been adopted to encourage temporarily admitted individuals to integrate in the labour market.

Turning to poverty, the delegation remarked that the National Programme to Prevent and Combat Poverty had been established to put in touch all those who were involved in combatting poverty, including non-governmental organizations and the private sector, so best practices may be identified and tools developed to further improve their work. It was not therefore possible to assess the Programme’s direct impact on the poverty rate.

Further Questions by Committee Experts

HEISOO SHIN, Committee Expert and Co-Rapporteur for Switzerland, asked why, given the progress achieved, did the Government not ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

OLIVIER DE SCHUTTER, Committee Expert and Co-Rapporteur for Switzerland, regarding articles 10 and 11 of the Covenant, asked about efforts made by the State party to align its adoption policies with the recommendations of the Committee on the Rights of the Child and to ensure that foreign children who had been adopted would have access to information about their origins. Could Switzerland provide support to adopted children who had been victims of trafficking?

LAURA-MARIA CRÃCIUNEAN-TATU, Committee Expert and Co-Rapporteur for Switzerland, requested information on measures taken to protect domestic workers against abuse and violence. She also asked the delegation to explain how the federal government and the cantons coordinated to ensure the adequate provision of mental health services.

An Expert asked about information about older persons’ access to healthcare.

Another Expert pointed out that every day, the high healthcare insurance costs paid by the Swiss made headlines in local newspapers. Could the delegation provide information on the Government’s approach to address this issue? He also requested information on Swiss tax policies.

An Expert asked about drug use rehabilitation services, such as the provision of needles and methadone. There were regional disparities that might generate discrimination in access to care.

Responses by the Delegation

The delegation said it was difficult to provide figures demonstrating the success achieved on the employment of persons with disabilities. Some data would nevertheless be provided in writing to the Committee. Switzerland had ratified the Convention on the Rights of Persons with Disabilities in 2014. The Federal Council, in a message to Parliament, had said it planned to conduct an experiment before taking a stance on the potential ratification of the Optional Protocol.

A national programme aiming to foster access to childcare services had been extended, as the Government acknowledged that the demand exceeded the supply. A series of referenda had thwarted measures aiming to foster access to preschool education across cantons. In Switzerland, the notion that schools should not replace families and that their role should be strictly limited to transmitting knowledge was prevalent, the delegation explained.

For domestic workers, the cantons adopted template contracts that had to be used. The federal Government had established a minimum wage for informal economy workers that applied across the country, except in Geneva, where similar measures were already in place. It ranged between 19 and 23 francs per hour, depending inter alia, on the worker’s qualifications.

The delegation explained that residents in a canton, be they migrants or Swiss nationals or persons without identification documents, had access to compulsory education without discrimination. That principle was broadly respected.

The Swiss Conference of Cantonal Directors of Public Instruction sometimes had to intervene in a commune to remind them that the right to education trumped any other factors. Access to compulsory education was free and without any obstacles.

From the age of 16 years, children entered one of two educational streams: vocational training or baccalaureate. Nearly 70 per cent of students chose vocational training. The Government was aiming to ensure that 95 per cent of all children completed their education and obtained a diploma from either of these two streaMs. That rate currently stood at 92 or 93 per cent, approximately.

Since 2008, the Government had been prioritizing inclusive education for children with disabilities. Before that, a segregated system had been in place. The number of children referred to specialized classes had dropped by 40 per cent between 2010 and 2018, going down from about 50,000 to 30,000.

A scheme had been put in place, to grant stay authorizations to young migrant persons and thus allow them to access jobs and vocational training, provided that they met certain criteria.

Measures were in place to promote Romansh and Italian languages and cultures, through “messages on culture”, the next of which would be devised on the basis of public consultations. Young people were encouraged to choose Italian as one of their school languages and schemes to encourage journalism in Romansch had been put in place.

The Federal Constitution included provisions which guaranteed universal access to the justice system. All persons, regardless of their financial situation, could go before a judge or competent authority. Legal aid not only covered justice fees but also access to a lawyer.

Further Follow-up Questions by the Committee Experts and Responses by the Delegation

An Expert asked for information about efforts to integrate foreigners into the mainstream culture and ensure Swiss values were transmitted to them.

OLIVIER DE SCHUTTER, Committee Expert and Co-Rapporteur for Switzerland, said the Federal State should be able to highlight and address shortcomings on the part of cantons. There had been a lack of progress in certain areas following the holding of referenda at the canton level. Did the Federal State have the means to ensure that cantons respected international law? He cited the referenda that prevented the creation of preschool places.

LAURA-MARIA CRÃCIUNEAN-TATU, Committee Expert and Co-Rapporteur for Switzerland, asked about efforts made by the Government to ensure Yenish, Manush and Roma children had access to education. How did the Government go about promoting their cultures?

The delegation explained that all cantons had had since 2015 a programme in place to foster the integration of immigrants.

A majority of recently reviewed cantonal constitutions contained commitments similar to those enshrined in the Federal constitution. Some of them even went further than what international standards required.

Concluding Remarks

VALÉRIE BERSET BIRCHER, Chief of Labour International Affairs at the Labour Directorate at the Federal Department of Economic Affairs, Education and Research of Switzerland, thanked the Committee Experts for the constructive dialogue, which had been wealthy. Concluding observations would be translated in all official languages and transmitted to the cantons and other relevant governmental entities.

LAURA-MARIA CRÃCIUNEAN-TATU, Committee Expert and Co-Rapporteur for Switzerland, thanked the delegation for its replies. She expressed hope that pending questions would be replied to in writing

RENATO ZERBINI RIBEIRO LEÃO, Committee Chairperson, concluded the meeting by saying that the dialogue had been fruitful. He thanked the delegation for its openness.



For use of the information media; not an official record


CESCR19.12E