Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the Government’s report and the attached documentation, including the documentation submitted by the Confederation of Swiss Employers on their own activities to promote gender equality and harmonization of work and family life.

The Committee notes article 8 of the new federal Constitution which entered into force on 1 January 2000 providing that no one shall be subjected to discrimination on account of his or her origin, race, sex, age, language, social position, way of life, religious, philosophical or political convictions, or any physical, mental or psychological disability. Article 8(2) states that men and women have equal rights and that the law shall provide for their de jure and de facto equality, particularly in the family, in education and at the workplace. The Committee notes from the Government’s third report submitted under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (CERD C/351/Add.2) that article 8 codifies the jurisprudence on equality of the Federal Court, thus reinforcing legal protection from discrimination. The Committee welcomes the extension of grounds and the extension of scope to cover all persons and not only Swiss citizens in conformity with the Convention. The Government is requested to provide in its future reports information on the implementation and impact of this new constitutional provision, including any legislative initiatives and judicial decisions.

In addition, a request regarding other points is being addressed directly to the Government.