Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Switzerland (Ratification: 1961)

The Committee notes the Government’s report and the many documents attached.

1.  With reference to its previous direct request, the Committee notes that the report on the second period covered by the programme to promote women in the general administration of the Confederation (1996-99) is due to be published at the end of 2000. It notes the fact that in 1999 women occupied 10 per cent of higher managerial functions, which constitutes a slight improvement, although this level still remains low. The Committee awaits the report with interest, particularly with regard to the progress made in strengthening voluntary part‑time work, the training of secretarial staff and the development of programmes for the promotion of women. It hopes that the Government will take measures in future which achieve more significant positive results.

2.  The Committee notes the establishment of a new cantonal Equality Bureau in the canton of Appenzell-Outer Rhoden, but notes with concern the abolition of the Equality Bureau by the canton of Zug. It notes with interest that 40 applications for financial assistance have been granted under section 14 of the Equality Act and that the fields of action in which assistance has been granted include compatibility between working and family life. Noting that this is one of the problems identified as forming a major obstacle for the access of women to employment, the Committee would be grateful if the Government would provide additional information on the action which benefited from federal financial assistance, as well as on other private and public initiatives in this area. It also requests the Government to continue providing information on the Federal Equality Bureau established by the Equality Act.

3.  The Committee notes the Government’s indications concerning the evaluation of the effectiveness of the Equality Act, according to which it would appear that the limited number of appeals lodged under the terms of the Act bears witness to the inadequacy of the protection that it provides, particularly against dismissal. The Committee also notes the disagreement with this analysis expressed by the Confederation of Swiss Employers. In any event, the Committee hopes that it will be possible to identify the strengths and shortcomings of the Act through the continuation of research and analysis by the expert bodies created by the Government, based on statistical data, of the progress achieved in attaining equality between men and women, as well as through the complaints which are made under the Act. The Committee also notes the publication of a brochure to raise awareness of sexual harassment and it would be grateful to be informed whether the Equality Act has been covered by similar publications intended to inform men and women workers and raise their awareness of this issue.

4.  The Committee also notes the action plan prepared by the inter‑departmental working group responsible for the follow-up to the Beijing World Conference on Women (1995). While noting with interest that this action plan emphasizes education and vocational training, including apprenticeship, it notes that other major obstacles to the access of women to the employment market are not taken into consideration, such as the harmonization of working and family life, and the consequent need to establish appropriate infrastructure, including the adaptation of social security benefits and the taxation system, etc. The Committee would be grateful if the Government would provide information in future reports on the studies undertaken in these fields.

5.  The Committee notes that the popular initiative relating to the tenth revision of the Old-Age and Survivors’ Insurance Scheme (AVS) to remove provisions for the step-by-step increase in the retirement age of women was rejected in the September 1998 referendum. The Committee notes that the preparatory work for the eleventh revision of the AVS envisages greater flexibility in the retirement age under a scheme which is identical for men and women, while at the same time guaranteeing its financing in the long term, and it requests the Government to indicate the envisaged date for the completion of this preparatory work.

6.  The Committee notes, according to the report by Switzerland to the Committee on the Elimination of Racial Discrimination in 1997 (CERD/C/270/Add.1) that discrimination in employment on the grounds of race is covered by the federal Constitution as well as by section 328 of the Code of Obligations, which provides that the employer, in his/her relations with labour, shall protect and respect the personality of the worker, and section 336(1)(a), which stipulates that dismissal is wrongful if imposed on one party for a reason inherent in the personality of the other party, unless such reason is connected with labour relations or, in some fundamental respect, is gravely prejudicial to labour within the enterprise. The Committee notes that the case law of the federal tribunals shows that these provisions prohibit both direct and indirect racial discrimination. The Committee also notes that nearly all European countries, including Switzerland, are currently experiencing increased manifestations of racism and xenophobia. One of the most important measures in combating racism and intolerance in all countries is to recognize the existence of these problems and raise society’s awareness of them. The Committee notes the extensive publicity and awareness-raising campaigns launched by the Federal Commission against Racism. It would be grateful if the Government would provide additional information in future reports on the activities undertaken, particularly by the above body, as well as information on the measures taken to counter the stereotypes affecting certain minorities, including the Roma, and for their full integration in the social and economic life of the country, while respecting their cultural and ethnic identity.

7.  Finally, the Committee requests the Government to provide information on the activities of the Federal Commission against Racism in the area of employment discrimination.