SWISS NGO‘S Questions
1- Legal framework
Question1 :
Follow up to recommendations
What has been the coordination of the followup to such recommendations at the level of federal government? What are the institutional provisions to ensure the systematic linkage of efforts made by different federal agencies in this regard? What is the strategy? What are the clear designation of responsibility as regards follow-up and implementation?
Recommendation
Switzerland should create appropriate institutions and mechanisms with the power to ensure the effective coordination between federal and cantonal levels of government and civil society in order to address and implement recommendations made by international human rights bodies.
Question 2:
Continue to consult with stakeholders in this regard (cf. UPR recommendation 56.4)
Although Switzerland had accepted a recommendation to continue to consult with stakeholders in the follow-up, only three meetings took place with the NGO coalition on this issue. What is the intention for the next UPR cycle to include NGO’s?
Recommendation:
Switzerland should guarantee the regular and effective consultation with civil society, including with regard to the implementation of recommendations from UN human rights mechanisms.
Question 3
Human rights education
What is the status of Human rights education in the public school system? What are the training programs of key institutions such as cantonal administration, public institutions and justice?
Recommendation
Switzerland should develop a national action plan to firmly incorporate human rights education in the curriculums of all public education institutions.
II. Protection against discrimination
Question 4:
Persons with disabilities
The Law on the Equality of Persons with Disabilities contains several flaws, one of which is the lack of protection against discrimination at work in the private sector.
On the cantonal level, laws on equality of persons with disabilities are lacking as well as specialized agencies. Which are the encouragement measures for persons with disabilities that Switzerland intends to put in place?
Recommendation
The Confederation and the cantons are invited to close the gaps in the legislation on the equality of persons with disabilities.
III: Asylum
Question 5
Right to marry
What is the status of the right to marry for bi-national couples? What consequences has the the criteria established in December 2011 by the Federal Court for an application of the law that respects human rights?
Recommendation
Switzerland should commission an independent study to determine if the current civil law is applied in accordance with human rights in the right to marry.
IV. Police and justice
Question 6:
Independent complaints mechanism for victims of police violence (cf. UPR Recommendation 56.5)
Has Switzerland a comprehensive system of independent complaints mechanisms to deal with allegations of police violence? Is it true that victims are usually forced to lodge their complaint by investigation authorities, which work hand in hand and on a daily basis with the police forces?
Recommendation
Switzerland must ensure the creation in each canton of an independent mechanism empowered to receive any complaints of violence or mistreatment on the part of the police and to investigate them promptly, thoroughly and
V. Economic/ Social rights
Question 7
Transnational companies: legislative gaps
Switzerland hosts many firms headquartered in Switzerland. What about legislation to respect human rights and the environment worldwide?
Does the Federal Council and Parliament intent to lift the corporate veil-the legal separation between parent company and subsidiary-as it currently exists in the law? Can parent companies be required to perform a duty of care vis-à-vis their subsidiaries, joint ventures and subcontractors in order to ensure that they comply with human rights and
environmental standards? Are victims given the possibility to seek redress in Switzerland?
Recommendation
Switzerland should crate binding framework so as to impose strict due diligence on transnational companies headquartered in Switzerland vis-à-vis their subsidiaries, contract parties and supplier companies, and to remove the legal obstacles in order to allow victims of human rights violations the possibility to seek redress in Switzerland.
Text von jcc per e-mail