A/HRC/53/12
17.
The delegation provided additional information on the establishment of a national
human rights institution and noted that its independence would allow it to define its own
activities. The national human rights institution, whose mandate would be to promote and
protect human rights, would not act as an ombudsman and would not be competent to deal
with individual complaints, mainly because of the delimitations between federal and cantonal
jurisdictions.
18.
Since the previous universal periodic review of Switzerland, several significant
legislative reforms had been completed. Following a referendum, a legislative reform
allowing all couples to marry had come into effect in 2022, placing same-sex couples on an
equal footing with other couples. Since early 2022, transgender persons and persons with
differences in sex development have been able to have the indication of their gender and first
name changed quickly simply by making a declaration to the civil registry.
19.
The principle of equality and non-discrimination was firmly anchored in the legal
system, even though Switzerland did not have a comprehensive federal law to combat all
forms of discrimination.
20.
With regard to the prevention of torture, the Swiss legal system was in conformity
with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The criminal laws in force covered all conduct that could be classed as an act of
torture. Conscious of the lack of a specific provision, however, the parliament was
considering the possibility of establishing a criminal law expressly penalizing torture.
21.
Various measures to protect victims of domestic violence and harassment had been
adopted, including the reform of the Criminal Code that had come into effect on 1 July 2020.
The criminal laws penalizing sexual offences were being amended, and the question of
redefining rape, on the basis of either refusal or consent, was being discussed in the
parliament.
22.
In accordance with its legislative programme, the Government would develop a
national strategy for balancing work and family life in 2023, as well as a dispatch setting out
specific measures in this area. One of the key issues in achieving work-life balance was
childcare outside the family. The delegation provided additional information on measures
taken to promote gender equality and women’s rights.
23.
Each asylum application was given careful individual consideration, taking into
account the specific needs of each case, whether it was examined under the Dublin procedure
or the national asylum procedure. The procedure in place took into account the specific
situation and needs of different groups, such as women, LGBTIQA+ persons, persons with
disabilities, accompanied and unaccompanied minors, and victims of trafficking in persons,
among others. In 2019, Swiss law had been amended to strengthen the protection afforded to
unaccompanied minors. In particular, measures had been taken to guarantee the provision of
appropriate reception conditions and care in federal asylum centres.
24.
Switzerland was not considering ratifying the Convention on the Reduction of
Statelessness of 1961. However, it would continue to work effectively and resolutely to
reduce statelessness and protect the legal rights of stateless persons.
25.
Switzerland did not intend to ratify the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families. However, it was actively
working to promote equality and protection for foreign workers. The Foreign Nationals and
Integration Act provided for various measures to protect foreign workers and ensure their
respectful treatment in terms of their working conditions and wages.
26.
With regard to treatment of asylum-seekers in federal asylum centres, a former federal
judge, Niklaus Oberholzer, examined the question of whether acts of violence were routinely
carried out in these centres. He found that this was not the case and that fundamental and
human rights were respected. However, he recommended that improvements be made in a
number of areas. As part of the follow-up to the recommendations made by this former
federal judge, the Federal Council had made available for consultation, until 3 May 2023, the
legislative amendments relating to the use of coercion or police measures, the delegation of
competence to providers of security services and the disciplinary regime.
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