Background
The Committee on the Elimination of Discrimination against Women met this morning to hear replies by representatives of the Government of Switzerland in response to questions posed by the Committee on Monday, 14 January. [For background information, see Press Release WOM/1373 of 14 January.]
Response by Swiss Delegation
PATRICIA SCHULTZ, Director of Switzerland’s Federal Office for Equality between Women and Men, said that the 1847 religious war had led to a system of balance between the Confederation and the cantons. Any change to the Constitution or to the law required the consent of the electoral body. In general, the Government was more progressive than the Parliament and the Parliament more progressive than the people, which explained the slow pace of changes in the area of equality. While Switzerland might be slow, it was serious.
Another delegation representative said she had been struck by the observation that federalism was an obstruction to the implementation of the Convention. According to the principle of devolution, the cantons shouldered both tasks and rights. Cooperation between the cantons and the Confederation was tight and was on a voluntary basis. If there was a contradiction in juridical norms, federal law prevailed. The Confederation guided the cantons when their interests or competencies were involved. The cantons, however, had to directly apply new programmatic norms in a reasonable time frame. If a canton did not do so, citizens could go to the courts. The Confederation could remind cantons of their duties or provide them with directives. In specific cases, it would try to convince uncooperative cantons using non-binding means.
Any modification of the federal Constitution required the approval of a double majority of the population and the cantons, she said. While citizens had broad participation in the country’s policies, mechanisms were required to forge opinions. Was federalism a hindrance? On the contrary, the cantons were often the precursors of new ideas and their prompt implementation. The cantons carried out federal legislation. For example, the offices for equality were originally established in the cantons. Cantons had also initiated programmes to fight conjugal violence.
Another representative continued, saying that on the implementation of the Convention, Switzerland had a monistic tradition. Domestic and international law created a uniform legal order. Norms of international law had been an integral part of the Swiss legal order. Regarding the legal protection of fundamental rights, Switzerland did not have a constitutional court. There was, however, constitutional monitoring of federal laws. When the Federal Council examined a case, a paragraph was always reserved as to whether or not the bill was in keeping with the Constitution. The Constitution was of primary importance and had contributed to the development of individual liberties.
On jurisprudence in the realm of equality, another representative said, the assertion that there was differentiated treatment between men and women was only relevant when a functional or biological issue was at issue. That concept remained unclear. The danger of applying stereotypes was recognized. No ruling had admitted such a difference as a justification for unequal treatment. For example, night work for women, once prohibited, was now allowed. Only one federal case had involved the Convention in cases of biological differences, because the Federal Tribunal was based on the principle that the Convention covered article 8 of the Constitution. Article 1 of the Convention had not been reiterated in the Constitution, because the Constitution did not contain any definitions. The definition provided by article 1 would provide inspiration for judges in deciding cases of discrimination against women.
For an explanation of reservations, she referred the Committee to its written reply, which provided technical explanations.
Switzerland had participated in preparatory work for the Optional Protocol, and was, in principle, in favor, another representative noted. The Federal Council was convinced it was essential to establish a system of effective monitoring to promote human rights. The procedure of individual communication in terms of the Women’s Anti-Discrimination Convention was before Parliament for approval. The Federal Council wished to obtain approval before signing the Optional Protocol. Ratification of international treaties required the consent of both chambers of Parliament.
Regarding questions of inequality, Ms. SCHULZ said there was the Federal Bureau for Gender Equality, the Federal Commission for Women’s Issues, cantonal and municipal offices and the offices within the Swiss Confederation on equality. The ratification of the Convention had not affected those institutions. The Bureau was within the federal administration. She participated in meetings of office directors, and was in direct contact with them. The Bureau could not provide orders to other offices of the administration or cantonal offices. Its budget had increased considerably.
Another representative said the Federal Commission on Women’s Issues was an extra-Parliamentary commission to analyse the status of women, carry out studies and make recommendations. It also welcomed draft legislation on equality and provided proposed changes. Resources for the cantonal and communal offices for equality varied.
Regarding stereotypes, another delegation representative said efforts to achieve equality and the right of women to vote had been delayed because of major legislative changes, for example, the change of marriage rights. It was impossible to establish a cause-and-effect relationship on the late right to vote and the pervasiveness of stereotypes. Also, they did not have statistical data on discrimination against immigrant women.
Another delegation representative said the educational system in Switzerland might seem complicated, but there was an equal enrolment of women and men. In some higher education there had been more men, and in some schools there had been a higher proportion of women. Only university studies had been analysed in that way and the proportion varied field by field.
Regarding media, a delegate said that advertising was self-monitoring, but any individual had a right to complain to a committee on the issue, concerning any advertisement. The percentage of women working in the media had been going up, but had only risen to around 15 per cent of administrative positions.
The percentage of women working in federal institutions was 25.4 per cent in 2002, according to another representative, but there were large male-dominated areas included in those figures. A more overall figure would be around 40 per cent. In all areas, however, the figures continued to rise. There were flexible working arrangements and family support, and a table of figures on that area had been included in the written response.
Employment and wage opportunities were not well surveyed, a delegate said, but job equality was definitely on the agenda of the cantons and the communes now, and those governments were working with experts to redress inequalities. The State had little power to regulate such matters, however, and national progress in the area had to be promoted by unions.
Regarding a decision of the Supreme Court that had reinforced stereotypes, a representative said there had been much protest, but because of the independence of the courts, that judgement had been allowed to stand. There was work being done to mitigate its effect, however. With regard to protection of domestic workers, laws in that area only related to artisanal work.
A representatives said that recent work on creating awareness of domestic violence had greatly increased since the 1977 report on the subject. Police training in that area was mostly done by the cantons, but on the federal level sentences for such crimes could be stiffened. A number of cantons had set up interdisciplinary working groups to address the problem. In 2003, a major awareness campaign would be launched with the message that domestic violence was intolerable and a crime. Some 100 police from the cantons were given training in the subject last year and internal courses were now under way in the cantons.
Concerning the situation of foreign workers, particularly special visas for cabaret dancers, the delegation said that taking away those visas would mean that such women would then go underground and evade regulation and protection. There was no simple remedy to such a complex problem. After their permits had expired, visa holders must leave Switzerland, but may return the following year. There was a minimum age of 20 and there was monitoring and regulation of the cafes.
There were no indications that prostitution had increased due to the enslavement of individuals, a representative said, although the phenomenon of false marriage was increasing. It would be difficult to establish asylum for victims of trafficking in persons, but Switzerland was committed to protecting such victims and a bill was being introduced to help victims reintegrate. A new article on enslavement would include more kinds of cases. The minimum sentence now for trafficking in persons was six months and could go up to 20 years. Sentencing was, therefore, thought of as adequate.
There were associations to deal with victims of female genital mutilation in Switzerland, a representative said. Cases had been found among immigrants from countries where the operation was performed.
Fixed, results-oriented quotas in elected representation was considered, in Switzerland, a violation of the rights of citizens to choose, said a delegation representative. In court action concerning quotas, the Convention was taken into account and it was found that there were other strategies that could be applied. Positive measures to increase the proportion of women had been taken at the three levels of government.
Regarding economic equality, a representative said that the economy of the country had recently been less dynamic than the Organisation for Economic Cooperation and Development (OECD) countries, but there had been a greater proportional increase of women’s salaries over men’s.
