Human rights in Switzerland

Last updated
The Swiss Federal Constitution of 1999 has a chapter entitled "Fundamental Rights, Civil Rights and Social Goals". Bundesverfassung Schweiz, auf blauen Untergrund.jpg
The Swiss Federal Constitution of 1999 has a chapter entitled "Fundamental Rights, Civil Rights and Social Goals".

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. [1] Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations. [2]

Contents

Switzerland is signatory to all relevant international human rights instruments. It is also the depositary state of the Geneva Conventions and the place where several human rights-related NGOs have been established or headquartered, including the Red Cross. The United Nations Human Rights Council, of which Switzerland is a member and which it was instrumental in establishing, [3] has its seat in Geneva. Respect for human rights and the promotion of democracy is also one of the five official policy goals of Switzerland. [4]

International involvement

Switzerland is party to and has significant influence in a number of international mechanisms that promote human rights.

Human Rights Council

The United Nations Human Rights Council (HRC) was an initiative put forward by Switzerland in 2006 to replace the prior United Nations Commission on Human Rights. Since this time, Switzerland has continued to be an active member in all HRC promotion and enforcement internationally. [5] Switzerland's third period of membership has recently been approved, following improvements recommended as in the 2012 Universal Periodic Review [6] (UPR), which included improving gender equality, youth justice provisions, minimizing racial discrimination [7] and combatting excessive use of force by law enforcement. [8]

In this most recent application to the United Nations, Switzerland deemed protection of human rights on an international level to be one of three main voluntary pledges. Abolishing the death penalty internationally, stricter punishment for human rights violations, combatting discrimination based on sexual orientation and protecting human rights defenders are all identified as key policy aims. [9]

Expanding and strengthening the HRC and its powers is a high priority for Switzerland, with the promotion of universal respect for all human rights being embedded in the nation's constitution. [10] This goal has also been documented in Switzerland's 2015 application to renew HRC membership, as the nation wishes to enhance the participation of Non-Governmental Organisations (NGOs), train all nations on global governance of human rights, and establish support systems for poorer nations to be able to participate further in human rights discussions through financial assistance with delegate's stays in Geneva. [9]

Treaties

Switzerland has ratified many human rights treaties. These include the United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the Convention against Torture, the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, the Convention on the Elimination of All Forms of Discrimination Against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Rights of the Child, and the United Nations Convention on the Rights of Persons with Disabilities. This is in complement to the Universal Declaration of Human Rights. [11]

Domestic enforcement of human rights

Despite any possible difficulties that can arise from the federal, canton nature of Switzerland as a State the country allows for any international treaty that is ratified immediately and automatically becomes enforceable as national law, without the need to individually assess and implement international mechanisms manually. [7] This is useful in Switzerland's plight to increase the human rights standards of the country. The Federal Constitution of Switzerland lists dignity and equality as paramount, which is evident in the application of a number of federal legislations. [12]

Human rights defenders

Switzerland is a supporting nation of the United Nations Declaration on Human Rights Defenders, recognising the importance of the Defenders in the international application of human rights, and the pressures these individuals and groups put on states to improve their national commitment to human rights. [13] Switzerland has implemented and seeks to standardise the Swiss Guidelines on the Protection of Human Rights Defenders in efforts to protect defenders internally and on rights-driven missions to other nation states. [14] however, Switzerland is a forerunner in the field of the right to digital integrity. A parliamentary initiative aimed at introducing the right to digital integrity into the Federal Constitution submitted on 29 September 2022 by the member of parliament Samuel Bendahan. [15] In the canton of Geneva, a popular vote was accepted by more than 94% of the population on 18 June 2023 to add this new right to the cantonal constitution [16] [17]


Children's rights

Switzerland ratified the Convention on the Rights of the Child in 1997 and has continued to enhance children's rights since. In 2011, the Federal Social Insurance Office began a program to protect youth from violence, and another for the education of and protection from the media. Complementary to this, nationwide organisations such as the Pro Juventute Foundation and the Swiss Foundation for Child Protection are active in working with victims of child abuse of many kinds. Internationally, Switzerland is signed to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, which criminalises sexual acts against children in all of its signed countries. [7] Regardless of the structural mechanisms in place, human rights reports still document high rates of child abuse in Switzerland. One children's hospital alone reported 450 instances of abuse during 2014, of which 33% was sexual abuse, 35% physical, and the remainder being psychological abuse and neglect. [18]

There have been minor improvements made within the scope of children's right protection since the second Swiss UPR from October 2012. These are mainly in relation to rights and regulations governing the punishment of child offenders, however, not in relation to the high statistics of abuse. [19]

Death penalty

Switzerland abolished capital punishment for all criminal actions in 1992. This is documented in the country's constitution, and the nation has since rallied for the universal abolition of capital punishment. [20] Switzerland observes the right to life and human dignity as fundamental to human rights and aims to have the punishment universally condemned by 2025. [21]

Switzerland is taking an active role in the abolishment, working closely with the United Nations High Commissioner for Human Rights, and introducing a World Day Against the Death Penalty on 10 October every year. The work with the United Nations also involves drafting of several resolutions, such as the moratorium on the death penalty, which was approved by the Human Rights Council in 2015, and is presented to the United Nations General Assembly every two years following Switzerland's support for the document in 2007. [21]

The country also works with international organisations such as Death Penalty Project, International Commission Against the Death Penalty and the World Coalition Against the Death Penalty, and has ratified treaties such as the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances and the Convention on the Rights of the Child. [21]

Anti-discrimination provisions

Combating discrimination and promoting inclusion are one of the key ways Switzerland seeks to promote human rights domestically, as covered by Articles 1, 2 and 7 of the Universal Declaration of Human Rights. [22]

Lesbian, gay, bisexual, transgender and intersex discrimination protection

Since 2020, Switzerland's anti-discrimination provisions specifically forbid discrimination based on sexual orientation. [23] Since 2022, Swiss law allows for same-sex marriage, IVF access and adoption of a child where one or both of the partners was already a legal guardian of the child prior to the relationship. [24]

Racism

Switzerland uses many large and small-scale methods and domestic and international instruments to prevent racism. Prohibition on ethnic and race-based discrimination is codified in the Swiss Criminal Code, and the nation was involved in, and party to, the resulting document from the Durban Review Conference in Geneva in 2009. On a community level, all police must pass an examination on human rights, ethics, and racism before being employed, and the Service for Combatting Racism provides support, education and financial assistance to projects seeking to eradicate discrimination of this type. The Service also provides an outline of remedies that are available at law for any occurrence of racism. [7]

Gender

The drive for gender equality in Switzerland is evident within many legal instruments of the country. Article 8 of the Federal Constitution of the Swiss Federation notes men and women to have equal rights in the realm of law, within family life, and in employment. [25] Switzerland also is committed to international documents attempting to secure gender equality, such as the gender components of the 2030 Agenda for Sustainable Development, as well as assisting both politically and financially in United Nations mechanisms hoping to achieve recognition of gender equality universally. [4] Women were granted the right to vote in the first Swiss cantons in 1959, at the federal level only in 1971 [26] and, after resistance, in the last canton Appenzell Innerrhoden in 1990 (despite Switzerland having ratified the European Convention on Human Rights 16 years earlier).

In 2011, a number of national achievements in women's rights were celebrated. The year marked the 40th anniversary of federal women's suffrage, 30 years of constitutional-level provision for gender equality and 15 years of legislative provision for gender equality, [7] as observed within the Federal Act on Gender Equality. [27] Switzerland has also ratified the Optional Protocol to the Convention on Elimination of All Forms of Discrimination Against Women and made several other nationwide legal provisions to ensure equality of gender is achieved. These include the Victims of Crime (Assistance) Act and establishing a Federal Office for Equality between Women and Men for training of public workers in relation to domestic violence incidents. [28] The Swiss Criminal Code also has specific provisions that prohibit certain gender discriminatory acts, such as female genital mutilation and forced marriage. [29]

Persons with disabilities

Around 17% of the Swiss population are said to have a disability. The Act on Equality for Persons with Disabilities aims to assist with employing disabled persons and deterring discrimination. [7]

Prevention of torture

The Swiss Constitution prohibits any behaviour of this nature. However, there have been many reports of excessive force and illegitimate treatment by police while making arrests. These instances have been dealt with through the criminal courts accordingly. [8] Prison overcrowding has been an identified problem within Human Rights Reports of punishment in the past, with prisons exceeding capacity anywhere from 50 to 300 percent over the 2014 year. This is yet to be rectified. In 2013, there were 10 deaths of prisoners, including 2 suicides which have yet to be sufficiently investigated. [8]

The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment became enforceable in 2009, shortly followed by a National Commission for the Prevention of Torture being established in 2010 by the Federal Council to ensure human rights were upheld. [28]

Justice

The Swiss justice system is mainly governed by the Constitution, which requires judicial independence. There is a presumption of innocence, trials are public, and are free from undue delay. Switzerland presently lacks a nationwide Ombudsman or similar authority to review and respond to complaints. [8]

Refugees and asylum seekers

Switzerland's nationwide asylum granting policy is currently enforced until September 2018, following a renewal in 2014. The policy requires asylum seekers to provide necessary documents or have a justifiable excuse for not having proper documentation, or risk not being granted asylum. [8] The nation has been active under the Dublin 2 Regulation since 2008, allowing transfers of asylum seekers to and from other states that are signatory to the agreement. Emergency financial support may be gained by asylum seekers, and internal legislation, such as the Asylum Act, aligns Switzerland with the asylum requirements of the European Return Directive. [28]

See also

Related Research Articles

<span class="mw-page-title-main">Human rights in Sudan</span>

Sudan's human rights record has been widely condemned. Some human rights organizations have documented a variety of abuses and atrocities carried out by the Sudanese government over the past several years under the rule of Omar al-Bashir. The 2009 Human Rights Report by the United States Department of State noted serious concerns over human rights violations by the government and militia groups. Capital punishment, including crucifixion, is used for many crimes. In September, 2019, the government of Sudan signed an agreement with the UN High Commissioner for Human Rights to open a UN Human Rights Office in Khartoum and field offices in Darfur, Blue Nile, Southern Kordofan and East Sudan. In July 2020, during the 2019–2021 Sudanese transition to democracy, Justice Minister Nasredeen Abdulbari stated that "all the laws violating the human rights in Sudan" were to be scrapped, and for this reason, Parliament passed a series of laws in early July 2020.

<span class="mw-page-title-main">Convention on the Rights of the Child</span> International treaty about the rights of children

The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

<span class="mw-page-title-main">International Covenant on Civil and Political Rights</span> Treaty adopted by United Nations General Assembly in 1965

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

<span class="mw-page-title-main">Human rights in São Tomé and Príncipe</span>

The U.S. Department of State's Country Report on Human Rights Practices for São Tomé and Príncipe states that the government generally respects the human rights of its citizens, despite problems in a few areas.

<span class="mw-page-title-main">Human rights in the Middle East</span> Humans rights situation since World War II

Human rights in the Middle East have been shaped by the legal and political development of international human rights law after the Second World War, and their application to the Middle East. The 2004 United Nations Arab Human Development Report (AHDR) claimed that although Arab-Islamic tradition does hold unique importance for ideas of human welfare, History has proven that "they were not sufficiently prevalent in society to foster a culture based on a political contract, and allow for the legitimacy of differences of opinion, dialogue and transfer of power." Issues of the validity of democracy in the region and human rights are at the very centre of the challenges facing Middle Eastern society today.

<span class="mw-page-title-main">Human rights in Somalia</span> Overview of human rights in Somalia

Human rights in Somalia throughout the late 20th-century and early 21st-century were considered dire, but have gradually improved over the following years. Human rights are guaranteed in the Federal Constitution, which was adopted in August 2012. They fall under the Ministry of Human Rights established in August 2013. The central authorities concurrently inaugurated a National Human Rights Day, endorsed an official Human Rights Roadmap, and completed Somalia's first National Gender Policy.

<span class="mw-page-title-main">First Optional Protocol to the International Covenant on Civil and Political Rights</span> 1966 United Nations treaty

The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of January 2023, it had 117 state parties and 35 signatories. Two of the ratifying states have denounced the protocol.

In the United States, human rights comprise a series of rights which are legally protected by the Constitution of the United States, state constitutions, treaty and customary international law, legislation enacted by Congress and state legislatures, and state referendums and citizen's initiatives. The Federal Government has, through a ratified constitution, guaranteed unalienable rights to its citizens and non-citizens. These rights have evolved over time through constitutional amendments, legislation, and judicial precedent. Along with the rights themselves, the portion of the population granted these rights has expanded over time. Within the United States, federal courts have jurisdiction over international human rights laws.

<span class="mw-page-title-main">Human rights in Madagascar</span>

Human rights in Madagascar are protected under the national constitution. However, the extent to which such rights are reflected in practice is subject to debate. The 2009 Human Rights Report by the United States Department of State noted concerns regarding the suspension of democratic electoral processes as the result of recent political unrest. Furthermore, reports of corruption, arbitrary arrest and child labor highlight the prevalence of human rights issues in the country.

<span class="mw-page-title-main">Human rights in Cameroon</span>

Human rights in Cameroon are addressed in the constitution. However, the 2009 Human Rights Report by the United States Department of State noted concerns in regard to election irregularities, security forces torture and arbitrary arrests.

<span class="mw-page-title-main">Human rights in Cape Verde</span>

Human rights in Cape Verde are addressed under the national constitution.

<span class="mw-page-title-main">Human rights in Burundi</span>

In 2022, Freedom House rated Burundi's human rights at 14 out 100.

The issue of human rights in Tanzania, a nation with a 2012 population of 44,928,923, is complex. In its 2013 Freedom in the World report, Freedom House declared the country "Partly Free".

The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973 to 1985 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.

Yoko Hayashi is a Japanese lawyer and partner in the Athena Law Office. She was formerly an alternate member to the United Nations Sub-Commission on the Promotion and Protection of Human Rights from 2004 to 2006. In 2008, she became a member of the Committee which monitors the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and in 2015 was serving as Chairperson of the Committee on the Elimination of Discrimination against Women. Hayashi has used her legal expertise to improve the status and protect the rights of women.

The Federated States of Micronesia is a United States Associated State consisting of 4 states across the Western Pacific Ocean. The estimated population in 2015 was 105,216. Formerly the FSM was a part of the Trust Territory of the Pacific Islands (TTPI) but in 1979 formed its own constitutional government. FSM has a written constitution which took effect in 1979 and has been amended only once in 1990. By virtue of membership in the United Nations, the FSM abides by the UN Declaration of Human Rights (UDHR). Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.

The Islamic Republic of Iran signed the UN Convention on the Rights of the Child (CRC) in 1991 and ratified it in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."

<span class="mw-page-title-main">Human rights in Italy</span>

Basic human rights in Italy includes freedom of belief and faith, the right of asylum from undemocratic countries, the right to work, and the right of dignity and equality before the law. Human rights are the basic rights of every citizen in every country. In Italy, human rights have developed over many years and Italy has education on human rights. In addition, Italy has specific human rights for women, children and LGBT people.

<span class="mw-page-title-main">Human rights in Portugal</span> Human right laws in Portugal

Portugal is generally considered as successful in upholding the civil liberties and protecting the human rights of its citizens. Portugal has proved to be determined in promoting and respecting human rights at an international and national level. The country's minister of Justice as of September 2018, Francisca Van Dunem, said that Portugal has had "a good track record" on human rights but violations still do persist.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

References

  1. ↑ Freedom House 2005 Archived 2006-02-17 at the Wayback Machine
  2. ↑ FDFA Human Rights Strategy 2016-2019..
  3. ↑ Swiss Hold out Hope for UN Human Rights Body
  4. 1 2 FDFA Human Rights Strategy 2016-2019
  5. ↑ Switzerland's third term on the Human Rights Council
  6. ↑ Permanent Representative of Switzerland addresses President of the General Assembly
  7. 1 2 3 4 5 6 UNGA Report Submitted in Accordance with Paragraph 5 of the Annex to HRC Resolution 16/2.
  8. 1 2 3 4 5 2015 Report on Switzerland Human Rights
  9. 1 2 Permanent Representative of Switzerland addresses President of the General Assembly.
  10. ↑ Federal Constitution of the Swiss Confederation, Article 54
  11. ↑ Ratification Status of Treaties in Switzerland
  12. ↑ Federal Constitution of the Swiss Confederation, Articles 7-8
  13. ↑ Human Rights Defenders
  14. ↑ UN General Assembly
  15. ↑ "Introduire dans la Constitution le droit à l'intégrité numérique". www.parlament.ch. 29 September 2022. Retrieved 2023-06-21.
  16. ↑ Barbey, Gregoire (18 June 2023). "Genève adopte un droit à l'intégrité numérique avec près de 95% de oui - Heidi.news". www.heidi.news (in French). Retrieved 2023-06-21.
  17. ↑ "Geneva will ensure the digital integrity of its citizens". 18 June 2023.
  18. ↑ Country Reports on Human Rights Practices for 2015
  19. ↑ UNGA Report Submitted in Accordance with Paragraph 5 of the Annex to HRC Resolution 16/2.
  20. ↑ Federal Constitution of the Swiss Confederation, Article 10(1)
  21. 1 2 3 Switzerland's Commitment to a World without Capital Punishment
  22. ↑ The Universal Declaration of Human Rights
  23. ↑ "Swiss Criminal Code, art. 261bis".
  24. ↑ Act on Registered Partnerships between Persons of the same sex, Switzerland.
  25. ↑ Federal Constitution of the Swiss Confederation, Article 8(3)
  26. ↑ Women's Right to Vote
  27. ↑ FRFA on the Federal Act for Gender Equality 1995
  28. 1 2 3 UNGA Report Submitted in Accordance with Paragraph 5 of the Annex to HRC Resolution 16/2..
  29. ↑ Swiss Criminal Code, Articles 124 and 181a respectively
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.