CEDAW/C/2003/I/CRP.3/Add.1/Rev.1
Advance unedited copy
31 January 2003
Original: English
03-21671 (E) *0321671*
Committee
on the Elimination of Discrimination against Women
Twenty-eighth session
13-31 January 2003
Draft report
Rapporteur: Ms. Christine Kapalata
Consideration
of reports of States parties
Switzerland
1. The Committee
considered the combined initial and second periodic report of
Switzerland (CEDAW/C/CHE/1-2) at its 590th, 591st and 596th meetings,
on 14 and 17 January 2003 (see CEDAW/C/SR.590, 591 and 596).
Introduction
by the State party
2. In introducing
the report, the representative of Switzerland noted that, while
her country had ratified the Convention in 1997, the process of
compiling a comprehensive overview of the situation of women in
Switzerland and collecting detailed information had taken longer
than originally envisioned. That was why the report before the
Committee was a combined one. She also stated that the report
had been prepared with collaboration from the cantons, social
partners and national NGOs and incorporated many of their proposals
and views.
3. The representative
explained that the Swiss political system was a federalist one
composed of three levels: the Confederation, cantons and municipalities.
While the Confederation was responsible for the application of
federal and international law, the 26 cantons maintained their
own political and judicial bodies, including parliaments and tribunals.
Many of the areas dealt with in the Convention - for example,
health - were within the purview of the cantons, but in other
areas, such as education, parallel responsibilities were exercised
by the Confederation and the cantons.
4. The revised
Federal Constitution, which entered into force on 1 January 2000,
confirms the guarantee of equality between men and women and,
more specifically, the principle of equal pay for work of equal
value, which had been enshrined since 1981 in the Constitution.
The representative noted that jurisprudence indicates that the
inclusion of that guarantee in the Constitution authorizes the
legislature to impose temporary special measures to achieve equality
between women and men, as provided for in article 4 of the Convention.
5. Among the
structural measures taken by Switzerland towards achieving equality
between women and men was the creation, in 1976, of the Federal
Commission for Women's Affairs and, in 1988, of the Federal Office
for Equality between Women and Men, with responsibility for the
promotion of equality in all areas of life. Analogous institutions
had been created in most cantons and in five major cities.
6. The National
Plan of Action for Equality between Women and Men had been developed
in consultation with NGOs and had been launched in 1999. Results
of the plan included the creation at the federal level of a gender
health service, a service to combat violence, particularly again
st women, and a service to combat trafficking in persons (including
migrants). The representative added that, at the level of international
cooperation, gender issues were systematically taken into consideration
in the planning of programmes and projects. However, gender mainstreaming
was not yet systematized in all activities at the federal level
and more work had to be done in terms of awareness-raising, training
and the development of new methodologies.
7. The representative
gave examples of legislation reviewed and amended by Switzerland
to achieve "formal" (de jure) equality between women
and men. They included: the matrimonial law of 1988 (which recognized
marriage as a partnership and the value of unpaid work); the new
divorce law of 2000; the nationality law of 1992; the federal
law of old age and survivors' benefits of 1997; and the equality
law of 1996, which dealt with non-discrimination between women
and men in the workplace. The representative noted, however, that
no body had been created with the authority to initiate investigations
or bring a complaint in matters of alleged discrimination under
that law - the victim herself having to exercise her rights before
the relevant tribunals. The representative also noted that complete
de jure equality had not yet been achieved and that inequalities
still existed in respect of family names and the choice of domicile,
which, in general, were those of the husband.
8. With regard
to the balancing of work and family responsibilities, the representative
stated that differences in income and working hours between women
and men were primarily a result of the difficulty women faced
in managing both career and family, rather than as a result of
differences in levels of training or qualification. Several measures
had been employed to address the problem, including the provision
of financial aid for projects aimed, inter alia, at assisting
in the balancing of family and work life and at the reintegration
of women into the workforce after an interruption for family reasons.
Between 1996 and 2002, 400 applications for financial assistance
had been made, 246 approved and approximately 22 million Swiss
francs disbursed. Another initiative had been the "Fair play
at home" campaign executed by the Federal Office for Equality
and aimed at encouraging young parents to share household and
family responsibilities equitably. No federal legislation had
yet addressed the issue of paid maternity leave but a proposal
of 14 weeks' leave at 80 per cent of pay would be debated by Parliament
in the spring
9. Other issues
of concern to the Committee and the measures taken by Switzerland
to address them were touched upon. They included the fact that
women remained underrepresented in political life, but proposals
for the imposition of quotas to ensure such representation had
been rejected by the people at both the federal and the cantonal
levels. However, the Federal Commission for Women's Affairs had
been involved in a number of initiatives, including the commissioning
of a study on the coverage given to women and men candidates by
Swiss radio and television during the 1999 federal elections,
and the launching of a project that provided mentoring for young
women by women politicians.
10. The Government
was taking steps, including training for those who worked or dealt
with victims and perpetrators, and public awareness-raising campaigns,
to address problems related to violence against women and trafficking
in women. However, the number of victims of trafficking in Switzerland
(a country of destination) had not been determined. With regard
to other women's health issues, the representative stated that,
in June 2002, the revised penal code, which allows voluntary termination
of a pregnancy in the first 12 weeks, had been approved after
many years of debate on the issue. In conclusion, the representative
noted that the Government had also been working on issues of women's
sexual and reproductive health, the health of older women, social
assistance for poor women and equality of opportunity for women
in education and employment.
Concluding
comments of the Committee
Introduction
11. The Committee
expresses its appreciation to the State party for its combined
initial and second periodic report, which, although delayed, complied
with the Committee's guidelines for the preparation of initial
reports, and was frank, informative and comprehensive.
12. The Committee
commends the State party on its delegation, made up of representatives
of different departments with responsibility for the implementation
of the Convention as well as a representative of one of the cantons.
It expresses appreciation to the State party for the oral presentation,
which highlighted significant parts of the report, and for the
written responses and further clarification to the questions orally
posed by the Committee.
13. The Committee
notes with satisfaction that the State party's policies in respect
of the achievement of gender equality have been planned and evaluated
in the context of the Beijing Platform for Action and the outcome
document of the twenty - third special session of the General
Assembly, entitled "Women 2000: gender equality, development
and peace for the twenty -first century".
14. The Committee
notes that reservations have been made by the State party to article
7 (b) concerning Swiss military legislation prohibiting women
from performing functions involving armed conflict, except in
self-defence; article 16, paragraph 1 (g) concerning regulations
on family name; and article 15, paragraph 2, and article 16, paragraph
1 (h) concerning interim provisions of the matrimonial regime.
The Committee urges the State party to accelerate efforts to review
the reservations regularly with a view to withdrawing them and
to indicate in its next periodic report, if possible and if still
relevant, a timetable for their withdrawal.
Positive
aspects
15. The Committee
commends the State party for including the principle of gender
equality in its Federal Constitution, which explicitly mandates
legislators to ensure women's de jure and de facto equality, particularly
in the areas of family, education and work, and authorizes legislators
to take steps to ensure equality in line with article 4, paragraph
1, of the Convention. The Committee notes with appreciation that
the Swiss legal order ensures the primacy of international treaties,
including the Convention, in domestic law.
16. The Committee
notes with appreciation the significant law reform undertaken
in the State party in several areas in conformity with the Convention,
particularly the Marriage Law (1988), which replaced the husband's
preponderant role in the family with a partnership based on equality
of rights and obligations on the part of each spouse; the amended
Federal Act on the acquisition and loss of Swiss nationality (1992),
with identical conditions for both sexes; the new Equality Act
(1996), prohibiting discrimination against women in labour relations,
which applies to both public and private employers; the tenth
revision of the Federal Act on old-age and survivors' insurance
(1997), establishing a system of individual pensions independent
of civil status; and the new Divorce Law (2000), regulating the
economic consequences of divorce. The Committee also notes with
appreciation the adoption of the National Plan of Action for Equality
between Women and Men (1999) in order to further the advancement
of women and gender equality.
17. The Committee
acknowledges the work systematically undertaken by women's non-governmental
organizations in raising awareness and mobilizing public opinion
with regard to equality issues and appreciates the common efforts
and cooperation between the State party and civil society in advancing
the cause of equality in conformity with the National Plan of
Action. The Committee commends the State party for its interaction
with civil society in the preparation of the report and for the
extensive publicity given to the report in Switzerland.
18. The Committee
commends the State party for systematically integrating a gender
dimension into the various aspects of its development cooperation
programmes.
19. The Committee
commends the State party for having accepted the amendment to
article 20, paragraph 1, of the Convention on the Committee's
meeting time.
Principal areas of concern and recommendations
20. The Committee
notes with concern that, although the doctrine of monism is applied
in the State party, the Federal Council has expressed the view
that the Convention's content is largely programmatic and that
its provisions are not directly applicable. The Committee is therefore
concerned that Swiss law may not provide women with the necessary
means to enforce all their rights under the Convention.
21. The Committee
recommends that the State party ensure effective enforcement of
the rights enshrined in the Convention and provide women with
appropriate remedies in the courts for violations of the rights
protected by the Convention. It also recommends awareness-raising
campaigns about the Convention aimed at parliamentarians, the
judiciary and legal professionals. The Committee requests that
the State party report on progress made in this regard in its
next periodic report and provide information on whether the Convention
has been invoked before domestic courts.
22. The Committee
is concerned that there is no definition in domestic law of "discrimination
against women" reflecting article 1 of the Convention. It
is concerned at the information given in the report that differentiated
treatment of women and men is permissible in cases where equality
of treatment is ruled out by biological or "functional"
differences.
23. The Committee
recommends that the State party take steps to include in its legislation
a provision for non-discrimination on the grounds of sex, as defined
in article 1 of the Convention.
24. The Committee
is concerned that the different levels of authority and competencies
in the State party create difficulties in respect of the implementation
of the Convention throughout the Confederation and with regard
to coordination and accountability. The Committee is also concerned
that the federal structure and the form of grass-roots democracy
practised in the State party have slowed progress in eliminating
discrimination against women and achieving gender equality.
25. The Committee
recommends to the State party that it ensure uniformity of results
in the implementation of the Convention within the Confederation,
through effective coordination and the establishment of a mechanism
to monitor compliance with the provisions of the Convention at
all levels and in all areas.
26. While
appreciating the work undertaken by the machinery for gender equality
at the national, cantonal and communal levels, namely the Federal
Commission of Women's Issues, the Federal Office for Equality
between Women and Men and the Gender Equality delegates and services,
the Committee is concerned that such institutions may lack sufficient
power, visibility and resources, both human and financial, to
carry out their specific tasks and to ensure coordination of gender
mainstreaming efforts in all areas of governance.
27. The Committee
recommends that the State party strengthen the existing machinery
for gender equality by providing it with adequate human and financial
resources at all levels. It also recommends that the State party
enhance coordination among the existing institutions for the advancement
of women and the promotion of gender equality in order to ensure
gender mainstreaming at all levels and in all areas.
28. The Committee
is concerned about the persistence of entrenched, traditional
stereotypes regarding the role and responsibilities of women and
men in the family and in society at large which are reflected
in women's educational choices, their situation in the labour
market and low participation in political and public life.
29. The Committee
urges the State party to design and implement comprehensive programmes
in the educational system, including human rights education and
gender training, and to disseminate information on the Convention,
with a view to changing existing stereotypical attitudes on women
and men's roles, including advancing the notion of parenting as
a social responsibility of both mothers and fathers. It recommends
that awareness raising campaigns be addressed to both women and
men and that the media be encouraged to project a positive image
of women and of the equal status and responsibilities of women
and men in the private and public spheres.
30. While
recognizing current legal and other efforts by the State party
to address violence against women, including the creation of a
gender health service and a centre to fight violence against women
and the training of staff called upon to deal with cases of violence,
the Committee is concerned about the prevalence of violence against
women and girls, including domestic violence.
31. The Committee
calls upon the State party to intensify its efforts to address
the issue of violence against women, including domestic violence,
as an infringement of their human rights. In particular, the Committee
urges the State party to adopt laws and implement policies in
accordance with the Committee's general recommendation 19, in
order to prevent violence, provide protection, support and services
to the victims, and punish and rehabilitate offenders.
32. The Committee
is deeply concerned by the significant number of cases of female
genital mutilation among migrant women of African descent.
33. The Committee
recommends that the State party urgently take all appropriate
measures, including legislation, to eradicate the harmful traditional
practice of female genital mutilation.
34. The Committee
is concerned about the particular situation of foreign women who
experience domestic violence and whose residence permits depend
on their living together with their spouse. The Committee is concerned
that fear of expulsion will be a deterrent for these women to
seek assistance or take steps to seek separation or divorce.
35. The Committee
recommends that revocation of the temporary residence permits
of foreign married women who experience domestic violence, and
any legislative changes with regard to residency requirements
that may be under consideration, be undertaken only after a full
assessment of the impact of such measures on those women.
36. The Committee
expresses concern at the situation of migrant women in Switzerland,
particularly the discrimination in education and employment they
experience and the risk of exploitation and violence that they
face. The Committee is concerned that foreign women sometimes
encounter additional difficulties in obtaining access to heath
care and that the percentage of women with HIV/AIDS is increasing
among foreign women, those from sub-Saharan Africa being the most
affected. The Committee is also concerned about the special visa
regulations for foreign cabaret dancers and the potential dangers
and risks that their situation may entail. The Committee is further
concerned that the State party has yet to carry out studies on
the extent of discrimination against migrant women and the multiple
discrimination they often face on the basis of their race, sex,
ethnicity and religious affiliation.
37. The Committee
urges the State party to take effective measures to eliminate
discrimination against migrant women. It encourages the State
party to be proactive in its measures to prevent discrimination
against them, both within their communities and in society at
large, to combat violence against them and to increase their awareness
of the availability of social services and legal remedies. The
Committee recommends that foreign women's health needs, in particular
as regards information on preventing HIV infection, be fully addressed.
The Committee requests the State party to review and reconsider
the special visa regulations for cabaret dancers and to study
their de facto situation in the light of the potential dangers
and risks that their situation may entail. It also requests the
State party to take appropriate measures to protect the women
concerned from all forms of exploitation and to take action aimed
at changing men's and society's perception of women as sex objects.
The Committee also urges the State party to conduct regular and
comprehensive studies on discrimination against migrant women
and to collect statistics on their situation in employment, education
and health and on the various forms of violence they experience
so as to enable the Committee to form a clear picture of their
de facto situation.
38. While
recognizing the efforts made by the State party to address the
issue of trafficking in women and girls, the Committee remains
concerned about the prevalence of this grave problem, which is
a human rights violation. The Committee is also concerned about
the exploitation of prostitutes in the State party. It considers
that measures to address these phenomena are insufficient and
that information on these issues is lacking.
39. The Committee
urges the State party to continue its efforts to combat trafficking
in women and girls. It recommends the formulation of a comprehensive
strategy, which should include measures of prevention, the prosecution
and punishment of offenders and increased international, regional
and bilateral cooperation. It calls on the State party to ensure
that trafficked women and girls have the support they need, including
residence permits, so that they can provide testimony against
their traffickers. It further urges that training of border police
and law enforcement officials be pursued so as to enable them
to render support to victims of trafficking. The Committee recommends
the development of programmes of action for women forced into
prostitution by poverty and the adoption of all appropriate measures
to combine and eradicate the exploitation of prostitution, including
the prosecution of, and strong penalties for, those who exploit
prostitutes. The Committee requests the State party to provide
in its next report comprehensive information and data on the trafficking
of women and girls and the exploitation of prostitutes.
40. The Committee
is concerned that, while women make up 54 per cent of the electorate,
they are significantly underrepresented in elected and appointed
posts in political decision-making bodies. While acknowledging
some positive developments, the Committee is also concerned at
women's low rate of participation in the administration, the judiciary
and the diplomatic service as well as their low representation
at the international level. The Committee is further concerned
that, while regional, linguistic and other quotas are generally
accepted, the adoption of quotas in political life that would
aim at gender balance has been systematically rejected in the
State party.
41. The Committee
encourages the State party to take sustained measures to increase
the representation of women in elected and appointed bodies, including
temporary special measures in accordance with article 4, paragraph
1, of the Convention, in order to realize women's right to equal
participation in public and political life. The Committee also
recommends that adequate measures be taken with the aim of achieving
balanced participation of women and men in the various areas and
levels of public life, particularly in the administration, the
judiciary and the diplomatic service.
42. The Committee
is concerned that, despite the constitutional mandate to ensure
gender equality in the field of education, gender inequality prevails
in the stereotyped choices both sexes make regarding vocational
training and higher education, particularly technical education.
The Committee is also concerned that similar patterns can be found
among teaching staff, both as regards their professional level
and the traditional subjects they teach.
43. The Committee
recommends that the State party intensify its efforts to encourage
diversification of the educational choices of boys and girls,
mainly through counselling, to help them to fully develop their
personal potential.
44. The Committee
is concerned that, although women's rate of participation has
been steadily rising and notwithstanding the constitutional mandate
to establish gender equality in work and the constitutional provisions
on the right to equal pay for work of equal value, as well as
the Equality Act, women remain disadvantaged in the labour market.
The Committee is particularly concerned at the pay differentiation
between women and men and some criteria used to justify it, particularly
as regards considerations of a social nature, such as family responsibilities.
The Committee is further concerned by the high prevalence of women
in part-time work, the higher rate of unemployment among women
as compared with men, and the difficulties mainly faced by women
in reconciling their personal and family lives with professional
and public responsibilities.
45. The Committee
urges the State party to ensure de facto equal opportunities for
women and men in the labour market through, inter alia, the use
of temporary special measures in accordance with article 4, paragraph
1, of the Convention. The Committee recommends that efforts be
made to eliminate occupational segregation, both horizontal and
vertical, through, inter alia, education, training and retraining,
and effective enforcement mechanisms. It also recommends that
job evaluation systems based on gender-sensitive criteria be developed
with the aim of closing the existing wage gap between women and
men. The Committee recommends that measures allowing for the reconciliation
of family and professional responsibilities be adopted and implemented
and that equal sharing of domestic and family tasks between women
and men be promoted.
46. The Committee
expresses concern over the delay in introducing paid maternity
leave in the State party and notes that several proposals to introduce
paid maternity leave have been rejected by popular vote.
47. The Committee
calls upon the State party to ensure the speedy enactment of the
draft legislation on maternity leave with pay that was adopted
by the Federal Council and the National Council in November and
December 2002 and to provide information on its implementation
in the next periodic report. The Committee recommends the undertaking
of awareness-raising campaigns for developing a proper understanding
of maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development
of their children. Such campaigns should also stress the role
of men and pave the way for a debate on the issue of paternity
and parental leave as important factors in the sharing of family
responsibilities and guaranteeing equality for women in the labour
market and in social life.
48. The Committee
is deeply concerned that, in spite of the high level of development
of the State party, there are groups of women, mainly those who
are single heads of household and elderly women, who have been
particularly affected by poverty.
49. The Committee
recommends that the State party closely monitor the poverty situation
of women in the most vulnerable groups and implement effective
measures and training programmes that will allow them to fully
enjoy the benefits of the State party's development.
50. The Committee
is concerned that, under Swiss law, the status of spouses is still
unequal as regards cantonal and communal domicile rights. It notes
that attempts to abolish that inequality were defeated in Parliament
in June 2001.
51. The Committee
calls upon the State party to ensure that the legislation that
regulates cantonal and communal domicile rights is brought into
harmony with the Convention.
52. The Committee
urges the State party to ratify the Optional Protocol to the Convention.
53. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second
World Assembly on Ageing), the Committee requests the State party
to include information on the implementation of aspects of these
documents relating to relevant articles of the Convention in its
next periodic report.
54. The Committee
urges the State party to respond in its next periodic report to
the specific issues raised in the present concluding comments.
The Committee also urges the State party to collect and analyse
comprehensive sex disaggregated data pertaining to the Confederation,
the cantons and the communes and to include such data in its next
report.
55. The Committee
requests that the text of the present concluding comments be widely
disseminated in Switzerland in all official languages so as to
inform the public, in particular administrators, officials and
politicians, of the measures taken to guarantee de jure and de
facto equality between men and women and of the supplementary
measures to be adopted in that area. The Committee also urges
the State party to continue to give broad publicity to the Convention,
its Optional Protocol, the general recommendations of the Committee,
the Beijing Declaration and Platform for Action, and the results
of the twenty-third special session of the General Assembly, entitled
"Women 2000: Gender Equality, Development and Peace in the
Twenty-first Century", which was held in June 2000, particularly
among women's associations and human rights organizations.
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