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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the information provided by the Government in its report regarding jurisprudence in respect of sexual harassment – the third most common type of discrimination brought before the Federal Court – and particularly the broad interpretation of the concept of “workplace” made by the Federal Court in its decision No. 4A_544/2018 of 29 August 2019, in which the unwelcome behaviour detrimental to the dignity of a person at the workplace occurred while the person was incapacitated and at a distance. Moreover, the Committee welcomes: (1) the publication by the Swiss Conference of Equality Delegates (CSDE) in 2020 of an “all-inclusive” kit to prevent sexual harassment at work, with a view to helping enterprises and institutions implement their obligation to provide regular information on sexual harassment and to take appropriate measures to put a stop to it; and (2) the evaluation, with a view to identifying good practices, of a pilot course on preventing sexual harassment in the care sector. The Committee requests the Government to continue to provide information on all measures taken, in collaboration with the social partners, to prevent and address sexual harassment and on the good preventive practices identified in the care sector following the abovementioned evaluation. It also requests the Government to continue to provide information on jurisprudence at federal and cantonal level, including on penalties issued and compensation granted.

Discrimination based on sexual orientation. The Committee welcomes the entry into force on 1 July 2020 of provisions amending section 261bis of the Penal Code by criminalizing discrimination “against a person or group of person on the basis […] of their sexual orientation”. The Committee requests the Government to provide information on the application of section 261bis of the Penal Code in cases of discrimination in employment and occupation.

Article 2. Measures to promote equality between men and women in employment and occupation. The Committee recalls that in its previous comments it emphasized the slow progress in women’s employment. With reference to its observation concerning the adoption, on 28 April 2021, of the Equality Strategy 2030 (a national strategy for gender equality), the Committee notes the Government’s indication that the strategy is intended to promote equality at work, improve work–life balance, prevent violence and combat discrimination. The Government adds that a plan of action to implement the Strategy is to be adopted at the end of 2021 and that a first review will be concluded at the end of 2025. The Committee notes that the Equality Strategy 2030 includes among its objectives: the balanced distribution of the sexes in training, in all occupational groups, at all levels of responsibility as well as in decision-taking bodies; the increase in the proportion of women undertaking higher education, particularly in the fields of mathematics, computer science, natural science and technology; and the improvement of representation of the sexes in senior management posts and diversity in all fields. The Committee requests the Government to provide information on the implementation and results of the Equality Strategy 2030, including in respect of: (i) the plan of action and, in particular, the measures aimed at promoting equality at work, in the public and private sectors, and at removing obstacles to the participation of women in the labour market; and (ii) the projects mentioned by the Government that seek to ensure equal representation of women and men in occupations and branches in which one of the two sexes is clearly under-represented and which suffer from a shortage of qualified workers. The Committee also requests the Government to provide information on all measures taken to combat gender stereotypes in respect of women’s occupational aptitudes and aspirations and to allow women to enjoy a better work–life balance.

Workers with family responsibilities. Paternity leave. The Committee notes with interest the inclusion, in 2020, in the Act concerning benefits in case of loss of earnings, of provisions giving working fathers the right to paternity leave of two weeks, with entry into force at 1 January 2021. Noting that the Equality Strategy 2030 also aims to reinforce the instruments that contribute to improving the work–life balance, the Committee requests the Government to provide information, including statistical data, on initiatives and measures taken or envisaged to allow workers with family responsibilities to improve their work–life balance, and on the results obtained. It also requests the Government to provide the available statistical data on the number of fathers that have taken paternity leave since the entry into force of this measure.

Equality of opportunity and treatment of Roma. The Committee requests the Government to provide information on the measures taken to combat discrimination under the implementation of the Action Plan “Yenish, Manouche, Roma” adopted at the end of 2016, in particular on the measures to combat stereotypes and negative prejudices against these persons when they seek or hold employment.

General observation of 2018. With regard to the points raised above, and with reference to its observation, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018. In that observation, The Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. The Committee thus considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests it to provide information in reply to the questions raised in that observation.

Enforcement. Specialized body. The Committee notes the establishment in 2019, of the National Human Rights Institution (INDH) which replaces the Swiss Centre of Expertise in Human Rights (CSDH) created in 2011. It observes that this institution is not competent to deal with individual cases. The Committee requests the Government to provide information on the cases of discrimination in employment and occupation dealt with by the federal labour inspectorate and the courts, specifying the grounds for discrimination and the legal basis, as well as the outcome of the procedure (penalties, compensation, etc.). Recalling the limits of the legislative framework for protection against discrimination, and particularly of the enforcement machinery, the Committee requests the Government to envisage the possibility of establishing a specialized body competent to deal with complaints of discrimination in employment and occupation with a view to affording effective protection to workers against discrimination and enabling them to assert their rights. The Committee requests the Government to indicate the role in practice of the INDH in addressing discrimination in employment and profession.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Effective protection of workers against discrimination in employment and occupation. Legislation, national policy and other measures. For many years, the Committee has been drawing the Government’s attention to the fact that the legal measures in force are inadequate to ensure the effective protection of workers against discrimination on all of the grounds enumerated in Article 1(1)(a) of the Convention, at all stages of employment, including occupational training, recruitment and terms and conditions of employment, and to enable them to assert their rights in this respect. With regard to discrimination based on sex, the Committee recalls that the Federal Act of 24 March 1995 on equality between women and men explicitly prohibits “discrimination against workers on grounds of sex, either directly or indirectly, in particular on the basis of their civil status, their family situation or, in the case of women, of pregnancy” (section 3(1)). In this regard, the Committee notes with interest that the Government refers in its report to the adoption on 28 April 2021 of the Equality Strategy 2030, a national gender equality strategy which focuses on combating discrimination, promoting equality at work, improving the work/life balance and prevention of violence.

Regarding racial discrimination, the Committee recalls that in its previous report the Government recognized that, in so far as the constitutional provisions are not directly applicable to relations between individuals and that the penal provision (section 261bis of the Penal Code) is not often applicable in the field of employment, victims have to avail themselves of the general provisions of the Civil Code or of the Code of Obligations, including general principles such as good faith or the invalidation of the contract. The Committee recalls that the provisions of the Convention, even where prevailing over national law, may not be sufficient in themselves to provide effective legal protection from discrimination to individual workers and that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on the fundamental Conventions, 2012, paragraphs 851 and 853).

In order to ensure the effective protection of workers against discrimination in employment and occupation and to enable them to assert their rights, the Committee requests the Government to take the measures necessary to establish, in addition to the Federal Act of 1995 on equality between women and men, an effective legal framework adapted to the world of work that: (i) includes a definition and a prohibition of direct and indirect discrimination; (ii) covers at least all the grounds other than sex enumerated in Article 1(1)(a) of the Convention, that is colour, race, religion, political opinion, national extraction and social origin; (iii) applies to all stages of employment and occupation, including recruitment. The Committee requests the Government to provide information on any other measure taken or envisaged to prevent and combat discrimination on these grounds in practice, as well as on any measure adopted under the Equality Strategy 2030 to combat gender discrimination in employment and occupation. It also requests the Government to provide information on the access to justice of victims of discrimination in these fields, on the legal basis used and the results obtained through the courts (penalties imposed and compensation granted).

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that, according to the Government, since 2010 the courts and the conciliation authorities have had before them 30 new cases of sexual harassment at work based on the Gender Equality Act. It further notes that information is made available to the public, by the Office for Equality between Women and Men (BFEG), and that various prevention projects are being implemented. The Committee encourages the Government to continue its efforts to prevent harassment in employment and occupation and requests it to continue providing information on any measures taken, in collaboration with the social partners, to prevent and combat sexual harassment in the private sector (in small and large enterprises) and in the public sector (at the central and local levels). The Committee also requests the Government to indicate the measures adopted or envisaged to facilitate the access of victims of sexual harassment to judicial or conciliation procedures and to provide information on the penalties imposed and the compensation granted.

Article 2. Measures to ensure and promote equality between men and women in employment and occupation. The Committee notes that the proportion of women in the federal administration increased in 2013, particularly at the middle management level. Women represent 30.2 per cent in wage classes 24 to 29 and 16.1 per cent in wage classes 30 to 38, and has therefore achieved the target values established in the context of the personnel policy. The Committee notes that the activity rate of women only increased slightly in 2013 (61.9 per cent, compared with 61.2 per cent in 2012). The Committee notes the information provided by the Government on the awareness-raising and information activities on equality between men and women, and the financial assistance provided under the terms of the Gender Equality Act to support projects on issues such as wage equality between men and women, the proportion of women in technical occupations, and part-time work for men and women. Noting the slow progress in women’s employment, the Committee requests the Government to intensify its efforts to promote equality of opportunity and treatment in practice for women and men in employment and occupation, with an indication of the measures adopted for the effective elimination of obstacles to the employment of women, and particularly to combat sexist stereotypes concerning the professional capacities and aspirations of women, and to reconcile family and work responsibilities. The Committee encourages the Government to continue its efforts to promote the employment of women in the federal administration, particularly in higher categories, and requests it to provide information on the measures adopted in this respect. The Committee once again requests the Government to indicate the action taken on the proposals contained in the evaluation report on the effectiveness of the Gender Equality Act with regard, inter alia, to the creation of incentives for enterprises undertaking to implement equality in practice, the establishment of bodies with investigatory and enforcement authority, and training and awareness raising for workers and employers and their organizations, and for lawyers and judges.

Equality of opportunity and treatment for Roma and travellers. The Committee notes the acknowledgement by the Government that in 2012 the Roma and travellers were stigmatized in political debates and the media, and the indication that the Federal Commission against Racism has selected this as its priority area of action. The Committee requests the Government to intensify its efforts to combat the stereotypes and prejudices with which the Roma and travellers are confronted, particularly when they are seeking employment, and to continue providing information on the measures adopted in this respect. Please provide any available information, and particularly statistical data, on the situation of the Roma and travellers in employment and occupation.

Enforcement. Specialized bodies. The Committee notes that the European Commission against Racism and Intolerance (ECRI) emphasizes in its report that the Federal Commission against Racism (CFR) does not have the mandate of providing aid and assistance to victims of racism, or to hear and consider complaints and seek settlements, nor can it have recourse to the courts or intervene in judicial procedures (CRI(2014)39, paragraphs 13–18). The Committee also notes the establishment of the Swiss Centre of Expertise in Human Rights (SCHR) in 2011, the objective of which is to support the implementation of international obligations relating to human rights in Switzerland and to promote public debate on human rights. It also notes that the SCHR will be evaluated in 2015 and that the Federal Council will decide whether it wishes to continue with the Centre or transform it into an independent national human rights institution. The Committee requests the Government to provide precise information on cases of discrimination in employment and occupation dealt with by the federal labour inspectorate and the courts, with an indication of the grounds and legal basis, and the outcome of the procedure (penalties, compensation, etc.). Recalling the limits of the legislative framework for protection against discrimination, and particularly of the enforcement machinery, the Committee requests the Government to envisage the possibility of establishing a specialized body competent to deal with complaints of discrimination in employment and occupation with a view to affording effective protection to workers against discrimination and enabling them to assert their rights. Please provide information on the outcome of the evaluation of the SCHR and on any action taken thereon.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Effective protection of workers against discrimination. Legislative and other measures. For several years, the Committee has been drawing the Government’s attention to the fact that the legal measures in force are inadequate to ensure the effective protection of workers against discrimination on all of the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) at all stages of employment, including vocational training, recruitment and terms and conditions of employment, and to enable them to assert their rights in this respect. The Committee notes the Government’s indications that the situation remains unchanged, as Parliament has not given effect to the interventions proposing the strengthening of protection against discrimination in the field of private law, including labour. With regard more particularly to racial discrimination, the Government recognizes that, in so far as the constitutional provisions are not directly applicable to relations between individuals and that penal provisions (section 261bis of the Penal Code) are not often applicable in the field of employment, victims have to avail themselves of the general provisions of the Civil Code or the Code of Obligations, including general principles such as good faith or the invalidation of the contract. In this regard, the Committee recalls the conclusions of the study published in 2010 on law against racial discrimination, which was undertaken by the Federal Commission against Racism (CFR), according to which the absence of an explicit prohibition of racial discrimination is the cause of considerable legal uncertainty, particularly with regard to indirect discrimination. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommends Switzerland to adopt a clear and comprehensive definition of racial discrimination and to prohibit it in all areas of private and public life (CERD/C/CHE/CO/7-9, 13 March 2014, paragraph 6). Furthermore, in its 2014 report, the European Commission against Racism and Intolerance (ECRI) also emphasizes the deficiencies in the protection afforded against discrimination between individuals and once again recommends the reinforcement of the civil and administrative law provisions on the protection of victims of racial discrimination in all key fields of life (CRI(2014)39, 19 June 2014, paragraphs 7–12). The Committee also notes the information provided by the Government on the practical measures taken to combat discrimination and to promote integration, such as the establishment of dialogue on integration in work with, among other parties, workers’ and employers’ organizations, the measures adopted within the framework of the Global Strategy to Combat Poverty, the publication of brochures and the preparation of studies. In this respect, the Government indicates that the Swiss Centre of Expertise in Human Rights (SCHR) is to conduct a study to assess the mechanisms for access to justice by victims of acts of discrimination, on whatever grounds and in all areas of law, and that the Federal Council is currently preparing a report on the effectiveness of the legal instruments in force and on measures against discrimination. The Committee requests the Government to take the necessary measures to establish an effective legal framework against any form of discrimination based, as a minimum, on all of the grounds enumerated in Article 1(1)(a) of the Convention, at all stages of employment and occupation, with a view to providing effective protection to workers and enabling them to obtain compensation. The Committee requests the Government to continue adopting specific measures to prevent and combat discrimination in employment and occupation and to provide information on this subject. The Committee also requests the Government to provide information on the following points:

• (i) any cases of discrimination detected by labour inspectors or brought to their knowledge;
• (ii) any cases of discrimination in employment examined by the courts, with an indication of the respective ground of discrimination, the respective legal provisions and the outcome; and
• (iii) the conclusions of the studies conducted by the SCHR on access to justice and by the Federal Council on the applicable legal instruments, and any measures taken as a result in the fields of employment and occupation.

Vocational training and guidance. The Committee notes the Government’s indication that a federal Bill on further training, the objectives of which include “the improvement of equality of opportunity”, is currently before Parliament for examination. The Bill provides that “in the further training courses that they regulate or support, the Confederation and the Cantons shall endeavour to achieve the effective equality between men and women; take into account the particular needs of persons with disabilities; facilitate the integration of foreigners; and improve the opportunities of low-skilled persons in the labour market”. It also notes the information provided by the Government on the federal programme “Equality of opportunities for women and men in higher specialized schools” and observes that, according to the study published in June 2013 by the National Statistics Office “Towards equality between women and men (situation and trends)”, the choice of occupation and the subjects studied are closely related to gender, with women choosing much more frequently than men to undertake studies in the fields of health, human and social sciences, and education. The Committee requests the Government to provide information on the progress made in the adoption of the Bill on further training, and to indicate the vocational guidance measures taken or envisaged to encourage young women to enter training in traditionally male fields, and the measures intended to give effect to equality of opportunities within the framework of the future Act on further training.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination based on sex. Sexual harassment. The Committee notes that information booklets on sexual harassment have been produced for workers and employers and are being disseminated by the Federal Office for Equality between Women and Men. It notes in particular the adoption in 2009 of a guide to protect nurses and other staff of care establishments against sexual harassment. The Committee also notes that labour inspectors carry out training of human resource officers. Welcoming the training and awareness-raising activities for workers and employers, the Committee asks the Government to continue to provide information on any measures taken, in collaboration with social partners, to prevent sexual harassment and combat such practices in the private sector (small and large enterprises) and in the public sector (at central and local level). It also asks the Government to provide information on instances of sexual harassment that have been reported by or drawn to the attention of labour inspectors, and on any administrative or judicial decisions on these matters by the competent authorities, including conciliation bodies (number of cases, penalties imposed, remedies provided).

Measures to guarantee and promote equality between men and women in employment and occupation. The Committee notes from the 2010 statistics of the Federal Office for Equality between Women and Men, that the occupational activity rate of men was 75 per cent whereas that of women was 61 per cent. Furthermore, 58.3 per cent of active women work part time, 26 per cent of them at less than 50 per cent, and some 89 per cent of fathers and 17 per cent of mothers with one or more children under the age of 25 carry on an occupational activity full time. The Committee notes in this connection that, in its concluding observations of November 2010 the United Nations Committee on Economic, Social and Cultural Rights noted with concern that women continue to be disadvantaged despite provisions against discrimination in the Constitution and the Gender Equality Act, and noted that few women hold executive positions (E/C.12/CHE/CO/2-3). The Committee notes in this connection that according to official statistics for 2009, only 12.6 per cent of working women were employees in management posts (as compared to 20.3 per cent for men), and 9.5 per cent were members of company executive boards (as compared to 17.3 per cent for men). The Committee notes that in French-speaking Switzerland, the Government is financing a training project to facilitate women’s access to senior posts and that Parliament adopted two measures between 2007 and 2009 to lower the financial barriers to paid occupational activity by both parents and to set up, by the end of 2009, a data bank allowing rapid access to all information about childcare and working conditions favourable to families. In this connection, the Committee notes the brochure “Recognizing and appreciating care work – Acting for equality”, published by the Federal Office for Equality between Women and Men, which recommends that caring responsibilities should not only be recognized as work but should also be equitably distributed between the sexes and be compatible with a career. It also notes the information supplied by the Government on paternity leave to the effect that nearly 50 per cent of all workers covered by collective agreements have availed of paternity leave ranging from one day to two weeks.

The Committee requests the Government to continue to provide information on any measures taken or envisaged to promote in practice equality of opportunity and treatment between men and women in employment and occupation. It encourages the Government to pursue its efforts to facilitate women’s access to positions of responsibility and asks it to continue to provide information in this regard, indicating in particular whether the project in French-speaking Switzerland is to be extended to the rest of the country. It also asks the Government to continue to provide information on the measures taken to enable men and women to reconcile work and family responsibilities on an equal footing, including measures to combat gender stereotyping as it affects women’s professional capacities and aspirations. The Committee also asks the Government to indicate the action taken on the proposals resulting from the evaluation report on the effectiveness of the law on equality, inter alia, to create incentives for enterprises undertaking to implement equality in practice, the establishment of bodies with authority for investigation and enforcement, and training and awareness raising for workers and employers and their organizations, and for lawyers and judges, particularly on the subject of indirect discrimination.

Vocational training. The Committee notes the information supplied by the Government on measures to promote equality between young men and young women in vocational guidance, and the measures taken to promote equality of opportunity in apprenticeship for young people with immigrant background. The Committee requests the Government to continue to provide information on any measures taken to encourage young women to undertake training for occupations traditionally regarded as male. Please also indicate the measures taken in the area of vocational training for disadvantaged groups and regions, pursuant to section 7 of the Federal Vocational Training Act.

Equality of opportunity and treatment for travellers. The Committee notes the information provided by the Government on the living and transit sites for travellers. The Committee requests the Government to provide information on the measures taken to improve living conditions for travellers and to combat the stereotyping and prejudice that travellers face, particularly when they work or look for work. Please also provide information, including statistics, on their situation in employment and occupation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Anti-discrimination law. In its previous observation the Committee noted that on 23 March 2007 a motion was tabled in Parliament to draft a law on equal treatment for the purpose of preventing or eliminating all forms of discrimination based on sex, skin colour, ethnic origin, religion, philosophical conviction, age, disability or sexual identity. The Committee notes that by a decision of 21 September 2009 the National Council dropped the motion on the grounds that the applicable law was sufficient to ensure protection against discrimination. The Committee recalls that the Federal Constitution contains a general provision to the effect that no one shall suffer discrimination on grounds, inter alia, of origin, race, sex, age, language, social position, mode of life, religious, philosophical or political conviction or on grounds of a corporal, mental or physical disability (article 8). The Federal Act on equality between men and women prohibits direct and indirect discrimination against workers on grounds of sex, including in respect of pregnancy, civil status or family situation (section 3) and the Act on equality for persons with disabilities seeks to prevent, reduce or eliminate inequalities effecting persons with disabilities, in particular in the area of training and further training. As regards to discrimination on other grounds, the protection afforded to workers is derived from section 328 of the Code of Obligations, “Protection of the worker’s personality”, section 28 of the Civil Code on unlawful affront to the personality, and section 261bis of the Penal Code establishing racial discrimination as a criminal offence.

The Committee is of the view that, although important, the provisions of the Constitution have on the whole been insufficient to remedy specific situations of discrimination in employment. The same is true of the provisions in the Penal Code which could prove difficult to enforce in dealing with discrimination in employment. Furthermore, given the persistence of discrimination the Committee considers that generally comprehensive legislation on anti-discrimination is necessary if the Convention is to be applied effectively. The Committee wishes to draw the Government’s attention to a number of features noted in the national laws it has examined in the past few years, which may make an effective contribution to addressing discrimination and promoting equality in employment and occupation: coverage of as many workers as possible; a clear definition of direct or indirect discrimination; prohibition of discrimination at all stages of employment; explicitly assigning supervisory responsibilities to competent national authorities; providing dissuasive penalties and appropriate means of redress; shifting or reversal of the burden of proof; protection against reprisal; the possibility to take affirmative action; adoption and implementation of policies or plans on equality at the workplace; collection of relevant data. The Committee accordingly asks the Government to re-examine the possibility of taking legislative measures to define and prohibit discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, at all stages of employment, including in vocational training and recruitment and in terms and conditions of employment, so as to afford workers effective protection against discrimination and enable them to assert their rights effectively. The Committee requests the Government to provide information on any such measures taken to reinforce the legal framework pertaining to discrimination in employment and occupation.

Articles 2 and 3 of the Convention. Equality of opportunity and treatment without distinction as to race, colour, national extraction or religion. The Committee points out that in its previous comments it encouraged the Government to introduce in the legislation an express prohibition on racial discrimination in employment and occupation so as to afford workers better protection against discriminatory practices and thus move towards full application of the principles of the Convention. The Committee notes that in June 2009 the Service to Combat Racism (SLR) published a legal guide on racial discrimination, which deals among other matters with racial discrimination in the world of work, citing examples and pointing out available remedies. On the matter of recruitment by private employers, the Committee notes that the guide stresses the difficulty of proving discrimination in the absence of any witnesses, the complexity of civil proceedings and the lack of clarity as to the legal consequences of discrimination in practice. On the matter of recruitment by public employers, the guide states that in the absence of express rules on the subject, in the event of discriminatory conduct in the course of job interviews, it is difficult to know how candidates are to defend themselves. Regarding the legislation to protect workers against discrimination based on race, colour, national extraction or religion, the Committee notes the Government’s statement that no legislative measures are envisaged in the area of contractual relationships established under private law. The Committee also notes that, in a study published in 2010 on the law against racial discrimination, the Federal Committee against Racism (CFR) indicates that the lack of any express ban on racial discrimination is the cause of considerable legal uncertainty, particularly as regards indirect discrimination. The CFR likewise points out that the lack of any provisions in private law and administrative law is an incentive for victims to resort to penal law, which sanctions only the most serious and public cases of discrimination and omits the most subtle or less visible forms, particularly in the world of work. Noting recommendations made by the Federal Committee against Racism in the study published in 2010, the Committee requests the Government to indicate the action taken to follow up on them, more particularly the recommendation for an in-depth examination of the “anti-racism legislation”, including the problems of multiple discrimination, the inclusion in the legislation of a ban on direct and indirect discrimination in work relationships between individuals and the establishment of effective instruments for enforcement. The Committee also asks the Government to continue to provide information on the awareness raising and information measures taken to prevent discrimination on the grounds of race, colour, national extraction or religion and to promote tolerance.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination on grounds of sex. Sexual harassment. The Committee notes several measures adopted by the Government to improve knowledge of and the application of the Equality Act and its provisions relating to sexual harassment. A first national and thematic study related to sexual harassment at work was carried out at the initiative of the Federal Bureau of Equality between women and men (BFEG) and the Secretariat of State for the Economy (SECO). This study is the starting point for a large- scale operation, with the objective of prevention and the introduction by enterprises of appropriate measures. Training courses have been organized for labour inspectors. The Committee requests the Government to continue providing information on any measures adopted, in colloraboration with the social partners, to improve the effect given in law and practice to the prohibition of sexual harassment.

Measures to ensure and promote equality for men and women in employment and occupation. The Committee notes a communication of the Union of Swiss Employers, which was transmitted by the Government, recalling its long-standing commitment to the promotion of equality between women and men. The Union of Swiss Employers considers that its long-standing commitment to equality is in contradiction with the statement by the Government, to which the Committee referred in 2007, according to which “the employment and family policy applied in undertakings is a major obstacle to achieving equality between men and women”. The Committee notes that, according to the Government’s report, a parliamentary intervention calling for paternity leave was rejected on 19 December 2007 by the Council of States. According to the Federal Council, the solution of passing through the social partners has proven its worth, for which reason the guarantee and financing of paternity leave need not be required by law, but remain the subject of contractual provisions determined by the social partners. In the context of the inter-cantonal initiatives for the harmonization of compulsory schooling (HarmoS), the Cantons have already drafted a charter in which they undertake to give priority to standard timetables for school time, propose care structures outside teaching hours and lower the age of entry into school. A manual entitled “Work and Family” was designed in 2007 for small and medium-sized enterprises. These measures are intended to reconcile family life and work and, in so doing, to overcome a major obstacle in the achievement of equality for men and women. Noting that the Federal Council considers that paternity leave should be provided under collective agreements, the Committee requests the Government to keep it informed of the proportion of workers and sectors in which workers benefit from paternity leave under such agreements. The Committee also asks the Government to continue providing information on its collaboration with the social partners with a view to the inclusion in enterprise policies and collective agreements of provisions enabling men and women workers to reconcile family and working life.

Vocational training. The Committee requests the Government to indicate whether it has introduced projects, in the context of vocational training, to motivate young women to engage in training leading to occupations considered to be traditionally male and requests it to continue providing information on this subject.

Equality of opportunity and treatment of travellers. The Committee notes that, during the summer, Swiss travellers move around Switzerland in small groups, stay for one or two weeks in a transit area from which they visit their clients. During this time, the children remain in close contact with their school; they are sent educational course material, homework and corrections by teachers. According to the Government, for travellers to be able to live according to their own culture and exercise their profession, they have to be provided with a sufficient number of areas for transit and in which travellers can stay. The report approved by the Federal Council on 18 October 2006 shows that this is not the case today. To resolve the lack of areas for transit and in which they can stay, the Federal Department of Defence, Civil Protection and Sports is prepared to sell appropriate excess military property to the Cantons and to communes as areas for travellers for transit or for them to stay. The Committee requests the Government to keep it informed of the results of this measure and of any other steps taken so that sufficient and appropriate areas are available to travellers for transit or for them to stay. The Committee encourages the Government to continue its efforts for the adoption of measures to promote equality of opportunity and treatment in employment and occupation for travellers and asks it to continue providing information on this subject.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 3 of the Convention.  Equality of opportunity and treatment in relation to race, colour, national extraction and religion. In its preview comments, the Committee noted the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance. According to Special Rapporteur, there is a dynamic of racism and xenophobia in Switzerland due, among other factors, to deep-rooted cultural resistance against the multi-culturalization process and the growing prevalence of racist and xenophobic stances during elections and various votes. The Rapporteur noted the absence of a coherent and resolute political and legal strategy against racism and xenophobia. During the meetings held by the Special Rapporteur with the representatives of trade unions, the trade unions reported the existence of discrimination in hiring foreigners and the low level of legal protection provided to the victims of these acts. The Special Rapporteur recommended the implementation of comprehensive national legislation to combat discrimination, accompanied by a cultural and ethical strategy to combat the stereotypes affecting certain groups of the population. In previous comments, the Committee encouraged the Government to give due consideration to the recommendation of the Federal Commission against Racism to introduce an explicit prohibition of racial discrimination in employment and occupation. The Committee recalled that there is no provision in law prohibiting racial discrimination in employment and occupation. It drew the Government’s attention to the fact that this explicit prohibition would afford better protection to workers against discriminatory treatment and would be in line with the full application of the principles set out in the Convention. The Committee encouraged the Government to introduce into the legislation an explicit prohibition against discrimination in employment and occupation and asked the Government to keep it informed of any progress made in this respect. It also asked the Government to continue providing information on the application in law and practice of the principle of equality of opportunity and treatment in employment and training without discrimination on grounds of race, colour, religion, national extraction or social origin.

The Committee notes the Government’s indication that political debate is focusing on this issue with great attention and appears to be following the direction of the various observations made by the Committee of Experts. Various parliamentary interventions have been submitted recently to strengthen not only the measures to combat racism, but also to reinforce equality in general. A motion dated 17 December 2004 called for the drafting of a law against racial discrimination at the workplace, although the Federal Council wished to give priority to the instruments developed by the social partners based on collaboration and free consent before envisaging the adoption of binding legal provisions. A parliamentary initiative was submitted on 23 March 2007 with the objective of preventing and eliminating any form of discrimination on the grounds, among others, of skin colour, ethnic origin and religion. This initiative has not yet been examined by the competent chamber of Parliament. On 30 August 2007, the Federal Council adopted a catalogue of 45 integration measures, as well as a plan of action including numerous measures to promote equality of opportunity in employment and occupation. In December 2008, three departments of the Confederation are to engage in in-depth reflection on the issue of legislation respecting racial discrimination.

The Committee invites the Government to take all the necessary measures (legislative, administrative and other measures) to guarantee equality in employment and occupation without distinction on grounds of race, colour, national extraction or religion, and to provide it information on the measures adopted. The Committee also asks the Government to continue providing information on its plan of action for the elimination of discrimination on grounds of race, colour, national extraction and religion. Recalling that the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance held discussions with the representatives of the trade unions, who reported the existence of discrimination in relation to hiring and the low level of legal protection available to the victims of such acts, the Committee requests the Government to provide information on the measures adopted to eliminate racial discrimination in respect of hiring and to reinforce the legal protection available to victims of such acts. The Committee also asks the Government to continue to provide information on the role of the social partners in promoting and ensuring equality in employment and occupation.

The Committee is raising other points in a request addressed directly to the Government

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Discrimination on the grounds of sex. Sexual harassment. The Committee notes, according to the report on the evaluation of the Equality Act, that the taboo concerning sexual discrimination has been successfully removed and that complaints relating to sexual harassment are relatively numerous, particularly in the private sector, where they constitute the main type of discrimination dealt with by the conciliation offices and the courts. The Committee notes, however, that many victims fail to invoke their right for fear of losing their job and that there is still progress to be made to improve the knowledge and application of the Equality Act and its provisions on sexual harassment. The Committee also notes that according to the evaluation, male and female workers are still relatively unaware of the protection offered by this Act and that protection against dismissal, one of the key provisions of this Act, is the provision that heads of personnel are least aware of. Taking into account this information, the Committee hopes that the Government will take the necessary measures to ensure that the Act is known and understood by all male and female workers and that the Government will ensure that preventive measures against sexual harassment are taken in all undertakings, including small and medium-sized ones. The Committee asks the Government to keep it informed of any measures taken in collaboration with the social partners to improve the application of the prohibition against sexual harassment, in both law and practice.

2. Measures to ensure and promote equality of men and women in employment and occupation. The Committee notes that the division between male and female managerial staff has not diminished since 1991. The Committee notes from the Government’s report that the employment and family policy applied in undertakings is a major obstacle to achieving equality between men and women. The Committee notes that the Federal Office for Equality of Men and Women funds a number of projects aimed at combating occupational segregation and raising young people’s awareness of equality of opportunity in professional and family life. The Committee also notes that under the provisions of the Equality Act, financial assistance may also be allocated for the setting up within the enterprise of a form of work organization or infrastructure favouring equality between the sexes. The Committee notes that, according to the comments of the Trade Union Confederation of Switzerland (USS) in its report forwarded by the Government, young mothers have greater difficulty pursuing their professional career at the same pace as their male colleagues, most notably because of the unequal distribution of family obligations and the shortage of childcare facilities. The Committee notes that the USS proposes the introduction of paid paternity leave with a view to promoting the more equal distribution of family responsibilities. The Committee asks the Government to indicate in its next report any follow-up given to the recommendation made by the Trade Union Confederation of Switzerland. The Committee asks the Government to send information on the programmes implemented under section 14(c) and (b) of the Equality Act and their impact on the reduction of inequality between men and women. The Committee encourages the Government to step up its collaboration with the social partners so as to include in the policy of undertakings and in collective agreements provisions allowing male and female workers to harmonize their family life and professional life, and asks the Government to provide information in this respect.

3. Vocational training. The Committee notes that in its reply the Government limits itself to describing the types of subsidies granted within the framework of the Federal Act on Vocational Training. The Committee recalls that the objective of this Act is to achieve equality between men and women in vocational training. The Committee notes that the information provided by the Government is not sufficient to allow it to assess the application in practice of the Convention in respect of vocational training. The Committee asks the Government to provide information on the projects financed within the framework of the Act on Vocational Training and on their impact on equal access to training for men and women and the reduction of occupational segregation.

4. Articles 2 and 3 of the Convention. Legal protection and promotional measures. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion or social origin. The Committee notes that according to the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and related Intolerance of the Human Rights Council of the United Nations at the national level there is a lack of coherent and resolute political and legal strategies against racism and xenophobia (A/HRC/4/19/Add.2, 30 January 2007). The Rapporteur recommends the implementation of a comprehensive legal strategy to combat discrimination which should be supplemented by a cultural and ethical strategy aimed at combating the stereotypes affecting certain groups of the population. In this regard, the Committee recalls that in its previous comments it encouraged the Government to give due consideration to the recommendation of the Federal Commission against Racism to introduce an explicit prohibition of racial discrimination in employment and occupation. The Committee draws the Government’s attention to the fact that this explicit prohibition would ensure workers better protection against discriminatory treatment and would give full effect to the principles of the Convention. The Committee notes that the Government is in favour of long-term action to combat racism and xenophobia and that numerous projects in various sectors have been implemented to eliminate this type of discrimination. The Committee notes that the Government has allocated funds to awareness-raising and prevention campaigns against discrimination and to the strengthening of institutions for the assistance of victims. The Committee also notes that since 2006, the Anti-Racism Service has been responsible for the implementation of measures against racism, anti-Semitism and xenophobia, and right-wing extremism. The Committee encourages the Government to introduce into its legislation an explicit prohibition against racial discrimination in employment and occupation and asks the Government to keep it informed of any progress made in this respect. The Committee asks the Government to continue providing information on the application, in law and practice, of the principle of equality of opportunity and treatment in employment and training without discrimination on the grounds of race, colour, religion, national extraction or social origin.

5. Equality of opportunity and treatment of travellers. The Committee notes that the Federal Council has approved the final version of the report entitled “The situation of travellers in Switzerland” (October 2006). The Committee notes that the second part of this report refers to the creation of rest and transit areas for travellers. The Committee also notes that several projects aimed at illustrating the culture of travellers in a more favourable light have been supported through the funds of projects against racism in favour of human rights. The Committee encourages the Government to pursue its efforts to adopt measures aimed at promoting equality of opportunity and treatment in employment and occupation for travellers and asks the Government to keep it informed in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report and the extensive documentation attached, as well as the comments made by the Union of Swiss Employers.

Equality of opportunity and treatment of men and women

2. Article 1 of the Convention. Discrimination on the grounds of sex. Sexual harassment. The Committee thanks the Government for providing detailed information in reply to its 2002 general observation on the issue of sexual harassment. It notes that sexual harassment is prohibited under sections 3 and 4 of the Equality Act. While not explicitly referring to quid pro quo and hostile working environment harassment, both notions of sexual harassment are covered by these provisions. Under the Act, the employer is responsible for acts of sexual harassment by superiors and co-workers, clients or other persons within the employment context. The courts can order employers to compensate victims, while the harasser is responsible under civil and penal law. The Committee trusts that the ongoing review of the Equality Act will also examine the operation of its sexual harassment provisions, in particular whether the existing procedures and remedies provide effective protection in practice, and asks the Government to provide information on further developments on this matter.

3. Articles 2 and 3. Measures to ensure and promote equality of men and women in employment and occupation. The Committee notes from the Government’s report that in January 2004, the proportion of women in the federal public service reached 28.7 per cent, as compared to 17 per cent in 1991. Only 8.1 per cent of senior officials were women, while the female rate among middle management was 20.2 per cent. The Committee notes that on 22 January 2003 the Government had issued Instructions for the Realization of Equality of Men and Women in the Federal Public Service. The Committee notes that the Instruction requires the various parts of the public service to adopt programmes or agreements to promote equality, including the setting and achievement of objectives for the realization of equal representation of both sexes. The Instruction identifies a number of areas in which action is to be taken, such as recruitment and selection, work arrangements, performance appraisal, and training, and establishes an evaluation mechanism. Noting that significant gender imbalances continue to exist in the public sector, the Committee requests the Government to provide information on the measures taken by the federal public service to implement the Instruction of 22 January 2003 and the detailed information, including statistical data, on the results achieved. Please also provide information on the progress made concerning the introduction of "equality controlling" in the public service.

4. The Committee notes that studies published by the Federal Office for Equality of Women and Men regarding the division of remunerated and non-remunerated work within families and the participation of men and women in part-time and full-time work have revealed considerable gender inequalities in these areas. The Committee also notes the various promotional initiatives and publications undertaken by the Union of Swiss Employers to promote equal access of women to career opportunities, particularly the report "Women and career". The Committee requests the Government to continue to provide information on the measures taken by the cantonal and federal equality offices and other competent authorities, as well as workers’ and employers’ organizations to promote and ensure equality of opportunity and treatment of men and women in the private sector. In this regard, please also provide information on the measures taken to address sex-based occupational segregation (horizontal and vertical), to promote effective equality of workers’ with family responsibilities and a more equal sharing between men and women of non-remunerated work. The Government is also asked to provide updated statistical information on the position of men and women in the private sector, including their participation in management jobs, and its analysis thereof.

5. Article 3(e). Vocational training. The Committee notes that the realization of effective equality between men and women is an explicit objective of the Federal Act on Vocational Education of 13 December 2002 (section 3(c)). The Committee asks the Government to continue to provide information on the measures taken to ensure the realization of effective equality between the sexes in vocational guidance and training, including the promotion of women’s participation in non-traditional occupations.

6. Article 3(f). Impact of measures to promote and ensure equality. Recalling the importance of assessing the results of the measures taken to implement a national equality policy in accordance with Articles 2 and 3 of the Convention, the Committee notes the Governments’ indication that a review of the operation of the Equality Act is ongoing. The Government is asked to provide information on the outcome of the review of the Equality Act, which is due to be completed in 2006.

Equality of opportunity and treatment on the grounds of race,
colour, national extraction or religion

7. Articles 2 and 3. Legal protection and promotional measures. The Committee notes the various activities carried out by the Anti-Racism Service which is a unit attached to the Federal Ministry of the Interior with a mandate to coordinate and promote efforts to combat racism at the federal, cantonal and municipal levels. It notes in particular the publication A world of work without discrimination: measures to combat discrimination at work, issued in 2003, which sets out concrete and practical guidelines and measures to address racial and ethnic discrimination at work. The Committee also notes that the Government has allocated 15 million francs to support anti-racism projects during the period running from 2001 to 2005.

8. Further, the Committee notes that the Federal Commission against Racism recommended that the legal protection from racial discrimination be strengthened by introducing an explicit prohibition of discrimination in employment and housing, appropriate procedures that favour conflict resolution, the right of associations to bring complaints and effective rules concerning burden of proof. Recalling that effective legal protection from discrimination in employment and occupation and accessible mechanisms and procedures to address cases of discrimination are crucial elements of a national policy as envisaged in Articles 2 and 3 of the Convention, the Committee welcomes these recommendations and hopes that due consideration will be given to them. It stresses that where provisions are adopted in order to apply the principle of the Convention, efforts should be made to legislate all the grounds listed in the Convention (General Survey 1988, paragraph 58). In the given context, the Committee particularly underlines the need to take into consideration the existence and compounded effects of discrimination on multiple grounds, such as sex, race, colour, national extraction, or religion. The Committee requests the Government to indicate in its next report any follow-up to the recommendations of the Federal Commission against Racism. In this regard, the Committee would consider it useful to undertake an assessment of how the existing legislation, particularly sections 328 and 336 of the Code of Obligations, has provided protection for victims of racial discrimination in practice. The Government is also asked to continue to provide information on the work of the Federal Commission Against Racism, the Anti-Racism Service and the implementation and results of projects and programmes to combat racism at work financed from the federal budget.

9. Equality of opportunity and treatment of travellers. Recalling its previous comments, the Committee notes with interest that the new Federal Act concerning itinerant trade, which entered into force on 1 January 2003, facilitates the exercise by the Jenish of their occupations by guaranteeing the possibility to engage in itinerant professions throughout the Swiss territory on the basis of simplified administrative procedures. The Committee further notes that the Government is preparing a report concerning the elimination of discrimination against the travellers in Switzerland for submission to Parliament. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation of the Jenish. Please provide a copy of the abovementioned report concerning the elimination of discrimination against the Jenish, as well as information on the results of the parliamentary debate and further action taken by the Government as a result.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the report on the second period covered by the programme to promote women in the general administration of the Confederation (1996-99) adopted by the Federal Council on 18 October 2000. According to the report the percentage of women in the general administration increased from 20.1 per cent in 1996 to 23.3 per cent in 1999, while the share of women at the medium and higher levels remains very low. The Committee notes with some concern the prognosis that over the next 30 years, in the absence of further efforts, women’s participation in the general administration will stagnate at the current level. In this respect, the Committee notes that the Federal Council has set a target to increase the share of women in management functions by 5 per cent by the end of 2003. The Committee would appreciate receiving information on the realization of this target and on the implementation of the report’s other recommendations, including in respect to "equality controlling", the improvement of data collection, further measures to improve compatibility between working and family life for men and women, training for equality delegates, and in the area of human resources strategy.

2. With reference to its previous direct request, the Committee notes that 64 projects to promote equality in employment received funding under the Equality Act in 1999 and 2000. It thanks the Government for providing concrete examples of such projects promoting the compatibility of work and family life. The Committee also notes with interest the initiative of the Confederation of Swiss Employers proposing measures to reconcile family and working life of men and women, including through collective agreements. The Government is requested to continue to provide information on private and public initiatives to promote equality in employment and occupation, including the activities of the Federal Office. The Committee would be grateful to receive further information on the campaign on this issue launched by the Federal Office for the equality between women and men, which is specifically addressed to men. Please also provide a copy of the report on the implementation of the plan of action prepared by the interdepartmental working group responsible for the follow-up to the Beijing World Conference on Women (1995) which was to be submitted to Parliament in December 2002.

3. Recalling its previous comments concerning the evaluation and effectiveness of the Equality Act, the Committee notes the equality offices established in the cantons have dealt with 120 cases between 1996 and 2000 and that around 40 per cent of the cases could be settled. The Committee understands that the special commission set up under section 13 of the Equality Act has received no appeals during 1999 and 2000. Noting that the number of complaints brought under the Act remains very low, the Committee hopes that the Government, in cooperation with the various expert bodies and the social partners, will continue to assess the Act effectively in the light of available statistical data and the complaints brought under the Act. The Committee also encourages the Government to continue to raise public awareness of the Equality Act and the remedies it offers to victims of discrimination.

4. The Committee notes that the Federal Council has submitted a draft act for the eleventh revision of the Old-Age and Survivors’ Insurance Scheme (AVS) to Parliament. It understands that the draft under consideration provides for greater flexibility in the retirement age under a scheme which is identical for men and women. The Committee also notes from the Government’s report that the reform of the unemployment insurance currently under way which, inter alia, proposes an extension of benefits in connection with maternity and that new legislation on vocational training is being considered, which might include provisions concerning equality of opportunity and treatment. The Government is asked to keep the Committee informed on the status of these legislative initiatives.

5. The Committee notes with interest the activity reports of the Federal Commission against Racism covering the years from 1995 to 2001 and the information contained in the Government’s report on the various campaigns and initiatives undertaken to combat racial discrimination. The Committee notes that the Federal Commission has decided that a new approach to counter racism and discrimination in the world of work was needed and that its 2001 annual session was dedicated to this issue. The Government is requested to continue to provide information on measures taken or envisaged to combat racism and to promote tolerance in the world of work, including the activities of the Federal Commission on Racism. The Committee would be grateful to receive additional information on the Federal Commission’s annual session 2001, including outcomes and follow-up measures under way, as well as on the Commission’s role as a mediator in cases of conflicts involving discrimination at the enterprise level. Please also provide statistical data on the position of minorities in the labour market.

6. With reference to its previous direct request concerning measures taken to counter the stereotypes affecting certain minorities, including the Roma and their economic and social integration, the Committee notes that the Federal Commission against Racism published a bulletin in 1997 "TANGRAM" and issued a press release in 1998 on this issue. The Committee notes from the Government’s third report under the International Convention on the Elimination of Racial Discrimination (ICERD) that the Federal Council was revising the Federal Act on commercial travellers with the aim to facilitate the pursuit of itinerant professions by travellers working in Switzerland and, hence, to eliminate de facto discrimination in this field. The Committee asks the Government to continue to provide information on the measures taken to promote respect and tolerance for minorities, including the Sinti and Roma, and for their full integration in the social and economic life of the country.

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

1. The Committee notes the report on the second period covered by the programme to promote women in the general administration of the Confederation (1996-99) adopted by the Federal Council on 18 October 2000. According to the report the percentage of women in the general administration increased from 20.1 per cent in 1996 to 23.3 per cent in 1999, while the share of women at the medium and higher levels remains very low. The Committee notes with some concern the prognosis that over the next 30 years, in the absence of further efforts, women’s participation in the general administration will stagnate at the current level. In this respect, the Committee notes that the Federal Council has set a target to increase the share of women in management functions by 5 per cent by the end of 2003. The Committee would appreciate receiving information on the realization of this target and on the implementation of the report’s other  recommendations, including in respect to "equality controlling", the improvement of data collection, further measures to improve compatibility between working and family life for men and women, training for equality delegates, and in the area of human resources strategy.

2. With reference to its previous direct request, the Committee notes that 64 projects to promote equality in employment received funding under the Equality Act in 1999 and 2000. It thanks the Government for providing concrete examples of such projects promoting the compatibility of work and family life. The Committee also notes with interest the initiative of the Confederation of Swiss Employers proposing measures to reconcile family and working life of men and women, including through collective agreements. The Government is requested to continue to provide information on private and public initiatives to promote equality in employment and occupation, including the activities of the Federal Office. The Committee would be grateful to receive further information on the campaign on this issue launched by the Federal Office for the equality between women and men, which is specifically addressed to men. Please also provide a copy of the report on the implementation of the plan of action prepared by the interdepartmental working group responsible for the follow-up to the Beijing World Conference on Women (1995) which was to be submitted to Parliament in December 2002.

3. Recalling its previous comments concerning the evaluation and effectiveness of the Equality Act, the Committee notes the equality offices established in the cantons have dealt with 120 cases between 1996 and 2000 and that around 40 per cent of the cases could be settled. The Committee understands that the special commission set up under section 13 of the Equality Act has received no appeals during 1999 and 2000. Noting that the number of complaints brought under the Act remains very low, the Committee hopes that the Government, in cooperation with the various expert bodies and the social partners, will continue to assess the Act effectively in the light of available statistical data and the complaints brought under the Act. The Committee also encourages the Government to continue to raise public awareness of the Equality Act and the remedies it offers to victims of discrimination.

4. The Committee notes that the Federal Council has submitted a draft act for the eleventh revision of the Old-Age and Survivors’ Insurance Scheme (AVS) to Parliament. It understands that the draft under consideration provides for greater flexibility in the retirement age under a scheme which is identical for men and women. The Committee also notes from the Government’s report that the reform of the unemployment insurance currently under way which, inter alia, proposes an extension of benefits in connection with maternity and that new legislation on vocational training is being considered, which might include provisions concerning equality of opportunity and treatment.  The Government is asked to keep the Committee informed on the status of these legislative initiatives.

5. The Committee notes with interest the activity reports of the Federal Commission against Racism covering the years from 1995 to 2001 and the information contained in the Government’s report on the various campaigns and initiatives undertaken to combat racial discrimination. The Committee notes that the Federal Commission has decided that a new approach to counter racism and discrimination in the world of work was needed and that its 2001 annual session was dedicated to this issue. The Government is requested to continue to provide information on measures taken or envisaged to combat racism and to promote tolerance in the world of work, including the activities of the Federal Commission on Racism. The Committee would be grateful to receive additional information on the Federal Commission’s annual session 2001, including outcomes and follow-up measures under way, as well as on the Commission’s role as a mediator in cases of conflicts involving discrimination at the enterprise level. Please also provide statistical data on the position of minorities in the labour market.

6. With reference to its previous direct request concerning measures taken to counter the stereotypes affecting certain minorities, including the Roma and their economic and social integration, the Committee notes that the Federal Commission against Racism published a bulletin in 1997 "TANGRAM" and issued a press release in 1998 on this issue. The Committee notes from the Government’s third report under the International Convention on the Elimination of Racial Discrimination (ICERD) that the Federal Council was revising the Federal Act on commercial travellers with the aim to facilitate the pursuit of itinerant professions by travellers working in Switzerland and, hence, to eliminate de facto discrimination in this field. The Committee asks the Government to continue to provide information on the measures taken to promote respect and tolerance for minorities, including the Sinti and Roma, and for their full integration in the social and economic life of the country.

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

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.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Equality between men and women in respect of employment. With reference to its previous comments concerning the establishment and evaluation of programmes to implement the instructions of the Federal Council of 18 December 1991 concerning the improvement in the representation and occupational situation of female staff in the general administration of the Confederation, the Committee notes the report for the first period of promoting the situation of women in the general administration of the Confederation, 1992-95. According to this report, there has been a slight increase in the proportion of women among federal staff (1991: 17.4 per cent; 1996: 19.8 per cent, with the following trends for recently employed female staff, 1993: 27.9 per cent; 1994: 30.3 per cent; 1995: 30.5 per cent); but women still account for a very modest share of senior posts (1991: 4.4 per cent of all senior posts; 1994: 6.2 per cent; 1996: 7.9 per cent), even though the number of women promoted has increased appreciably over the past three years. Furthermore, most of the federal offices implemented a programme for the promotion of women during the period 1992-95, highlighting the classical areas of staff promotion such as special competitions to fill vacant posts, training, part-time work, career planning interviews and non-sexist formulation. The chief objectives of the offices for the forthcoming 1996-99 period will include an increase in numbers of women promoted to senior positions, the extension of part-time work, training of secretariat staff, and a more professional formulation of programmes for promoting women.

2. The Committee would be grateful if the Government would continue to keep it informed in future reports of the measures adopted in the context of these programmes to further equality of opportunity and treatment in the federal public service and on the provisions taken or contemplated at cantonal level to strengthen their equality offices (in 1995 and 1996, respectively, the Cantons of Argau and Grisons set up specialized services and bureaux for equality between men and women, but the Canton of Zug closed its office). The Committee would also like to receive information on the activities of the special commission set up by the law on equality which is now competent to issue an opinion on appeals, particularly on measures against sexual harassment at work.

3. The Committee also notes the entry into force of the Ordinances of 22 May and 9 December 1996 concerning, respectively, the financial assistance provided by the Federal Act respecting equality between men and women and the special commission mentioned above. It also notes the publication of the brochure "Equality in professional life" which explains the essential points of the Act respecting equality: the organizations having the right to appeal and to bring a case before the courts, protection against dismissal, conciliation procedure, employers' responsibility regarding protection against sexual harassment. The Committee notes, moreover, the awareness and information seminars on the Act respecting equality organized by the Federal Equality Office in January 1996 for magistrates, and in September and December 1996 for personnel officers in enterprises and administrations, employers' and trade union organizations and for wages experts.

4. The Committee notes that, in reply to its previous direct requests concerning alignment of the retirement age for men and women, the Government announces that an initiative has been submitted with the aim of repealing only the provisions in the tenth revision of the Old-Age and Survivors' Insurance Scheme (AVS) which relate to the raising of the retirement age of women in stages. The Government adds that in the communication it adopted for transmission to Parliament it proposes to submit this popular initiative to a vote, accompanied by a proposal of rejection, but it is not possible to propose a specific date for entry into force of the 11th revision of the AVS on which work has already begun. The Committee requests the Government to continue to keep it informed of the development of the situation. With regard to the draft revision of the Labour Act and the objective of this revision in regard to equality between men and women, the Committee notes that, according to the Government's report, the draft was rejected by popular vote on 1 December 1996 (the reason for the vote being called was the removal during parliamentary debate of the provisions on payment for Sunday and night work). Following this rejection, a committee of experts was set up in early 1997 to prepare a new revised draft. The Committee requests the Government to keep it informed on the progress of this revision and to provide it with a copy of the revised law when it is adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report in reply to its previous comments, and in particular the attached documentation published by the Federal Office for Equality between Men and Women during the period 1993-94.

1. In reply to its previous comments, the Committee notes that the Bill respecting equality between men and women has been examined by the two Councils during 1994, but that divergencies still exist between them. It hopes that these divergencies will rapidly be eliminated and that it will receive information in the next report on the progress achieved with a view to its adoption.

2. The Committee notes the information concerning the progress in the procedure for the revision of the Labour Act, and the objective of this revision as regards equality between men and women. It hopes that the Bill submitted to Parliament in February 1994 will be examined without too much delay and that the Committee will be kept informed of developments in the situation.

3. With regard to the implementation of the instructions of the Federal Council of 18 December 1991 concerning the improvement in the representation and occupational situation of female staff in the general administration of the Confederation, the Committee notes with interest that over half of the programmes which include measures to give effect to these instructions have already been implemented, that others are being prepared and that it will be possible to evaluate their impact at the end of the first four-year period. It would be grateful to receive detailed information in future reports on the progress achieved in the implementation of these programmes in all service departments and the results of their evaluation.

4. The Committee notes that, as a result of the opposition to increasing the retirement age of women, with a view to harmonizing the treatment of the two sexes in this field, a draft referendum has been launched against the tenth revision of the Old-Age and Survivors' Insurance Scheme (AVS) adopted by Parliament on 7 October 1994. It notes that, to prevent this referendum nullifying the whole of the revision if it goes to a popular vote, negotiations are under way in various political circles to block the increase in the retirement age of women, while maintaining the improvements contained in the tenth revision. The Committee hopes to be kept informed of developments in the situation.

5. The Committee notes that, according to the ruling of the European Court of Human Rights of 24 June 1993 (in the case Schuler-Zgraggen v. Switzerland), the Federal Insurance Tribunal committed an act of discrimination based on sex by deciding that the complainant would have left her employment when she became a mother even if she had not experienced health problems. The Committee requests the Government to continue supplying information on the implementation of the principle set out in the Convention by courts and other supervisory machinery.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's report, particularly concerning the measures taken by the Federal Insurance Tribunal to give effect to the ruling of the European Court of Human Rights (in the case Schuler-Zgraggen v. Switzerland).

1. The Committee notes that the draft text to revise the Labour Act is continuing to be examined by Parliament, particularly from the point of view of conditions of work, but not as regards equality in employment and occupation. The Committee requests the Government to keep it informed of the progress achieved in this revision and to provide the text of the revised Act when it is adopted.

2. With reference to its previous comments concerning the implementation and evaluation of programmes to implement the instructions of the Federal Council of 18 December 1991 concerning the improvement in the representation and occupational situation of female staff in the general administration of the Confederation, the Committee notes that according to the report the process of diversifying their capacities and implementing the above instructions continues, particularly through training activities for those responsible for equality in the general administration. The Committee notes that the evaluation of these programmes will be carried out at the end of 1995, following the first four years of their application. The Committee would be grateful if the Government would continue to keep it informed in future reports of the measures adopted in the context of these programmes to further equality of opportunity and treatment in the federal public service and if it would transmit the conclusions reached in the evaluation of their impact, when this has been completed.

3. The Committee notes the information provided on the tenth revision of the Act respecting old-age and survivors' insurance (LAVS), which was adopted on 7 October 1994, confirmed in the referendum of 25 June 1995 and will come into force in 1997. The Committee notes that one of the important and controversial changes made by the revision concerns the raising of the retirement age of women, which will be increased from 62 to 64 years of age in two stages. It also notes that work has also commenced on the eleventh revision and that, in the context of this revision, a motion adopted by the Federal Council of States calls for the introduction of the same retirement age for women and men. The Committee requests the Government to continue providing information on the effect given to the harmonization of the retirement age of men and women.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with satisfaction the adoption on 24 March 1995 of the Federal Act respecting equality between women and men, which improves the situation of women by providing protection against any direct or indirect sexual discrimination in employment relationships, from recruitment to the termination of the relationship. The Act provides for more severe sanctions for violations of the prohibition against discrimination. It lessens the burden of proof - the existence of discrimination is assumed when the person claiming discrimination demonstrates the likelihood - in the case of disputes based on discrimination in the employment relationship, except disputes relating to recruitment or sexual harassment. This latter is deemed to be a case of prohibited discrimination. The Committee notes from the report that the date of the coming into force of the Act would appear to be 1 July 1996 and that an ordinance has to be issued under the Act at the federal level, while the cantons have to adapt their legislation on procedural law and the public service regulations. The Committee would be grateful if the Government would keep it informed of the effective coming into force of the above Act and if it would provide it with copies of the texts issued thereunder and information on the effect given to it in practice.

2. The Committee notes with interest the establishment on 1 January 1995 of the Office for Equality between Women and Men of the Canton of Lucerne. It also notes the elevation of the Federal Equality Office to a higher rank and that it reports directly to the head of department. The Committee would be grateful to receive information on the measures that have been taken or are envisaged at the cantonal level to strengthen their equality offices, particularly through the provision of sufficient human and material resources to enable them to play their role, especially in promoting and supervising the implementation of the Act respecting equality between women and men.

3. The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee thanks the Government for the detailed information and documentation supplied in reply to its previous comments.

1. Regarding the federal administration, the Committee notes with interest the entry into force, in January 1992, of the instructions issued by the Federal Council concerning the improvement in the representation and occupational situation of female staff in the general administration of the Confederation. It also notes the 1992 statistics relating to the distribution of staff in the federal administration by sex, mother tongue, etc., which show that women make up only 25.8 per cent of the personnel. The Committee asks the Government to supply information on the practical application of the above-mentioned instructions and on the progress made in respect of the principle of equality of opportunity in the federal administration, particularly in the areas of competitions, appointments, promotions, terms and conditions of employment and vocational training.

2. In addition, the Government indicates that the tenth revision of the old-age and survivors' insurance scheme (AVS) has not yet entered into force and that, in any case, this revision makes no provision for the harmonization of ages at which, circumstances being the same, men and women are entitled to ordinary old-age pensions. The Committee notes the comments of the Trade Union Confederation of Switzerland (USS) in this respect. Noting that, for the public service, the harmonization of the retirement age is hereafter in force, the Committee asks the Government to keep it informed of all developments in this regard.

3. As regards vocational training and further training, the Government indicates that, according to statistics concerning male and female students, in 1990-91 there was a slight drop in the proportion of women undergoing basic training and a notable decrease in the percentage of women in further training. However, the Government indicates that during this same period a number of projects were able to be sustained in the framework of the special measures for further training (under the Federal Order of 23 March 1990). The Committee asks the Government to continue to inform it of progress in the situation of women as regards equality of opportunity in vocational and further training. It would particularly like to have statistical data on the number and percentage of women, as against men, who have benefited from the special measures for further training and the amount of subsidies granted under the special heading for women.

4. The Committee takes note of the explanations provided by the Government on the scope and interpretation of section 13(2) of the Conditions of Service of Public Officials. It asks the Government in its future reports to indicate any cases in which this provision may have been used and any pertinent decision of the Federal Tribunal.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring to its previous observations, the Committee takes note of the detailed information and documentation supplied by the Government in its report. It also notes the observations on the application of the Convention presented by the Trade Union Confederation of Switzerland (USS).

1. The Committee notes with interest that the Federal Office for Equality between men and women has undertaken many activities, including the organization of inquiries, information campaigns and conferences; the examination of draft laws and other related measures; and advisory and mediation services. The Committee requests the Government to continue to supply this kind of information, in particular the results of the current inquiries into sexual harassment, the extension of promotional measures in favour of women to enterprises and the vocational training models aimed at young adults.

2. The Committee notes with interest that cantonal equality offices have been established in many cantons and that others are about to be opened. It again requests the Government to supply information on the activities undertaken and the results achieved by these offices regarding the promotion of equality of opportunity and treatment in the fields of (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment.

3. With reference to the legislative programme for equality between men and women, the Committee notes that the draft Federal Bill on Equality between men and women, which was the subject of wide consultation throughout 1991, was to have been presented to Parliament by the Federal Council in December 1992, in the form of a single Act applying to all workers in the private and public sectors. The Committee notes that the USS points out that this draft has still not been transmitted to Parliament, despite the double consultation which had brought to light the general support for it, except from the employers' organizations.

The Committee hopes that the Bill, which provides a general prohibition of all discrimination based on sex and increased protection against dismissal, will be adopted in the near future and that the Government will supply the text as soon as it is promulgated.

4. The Committee notes the Government's indication that work on the revision of the Labour Act is still continuing and that it aims at eliminating the special provisions regarding working time and rest for female workers, which are contrary to the constitutional principle of equality of the sexes and which disadvantage women in the labour market. The Committee asks the Government to continue to provide information concerning progress made towards the revision of the Labour Act and to indicate its impact in the field of equality of opportunity and treatment in employment and occupation.

5. The Committee is addressing a request directly to the Government on aspects of the application of this Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the detailed information and documentation supplied by the Government in reply to its previous comments.

1. The Committee recalls its previous comments on the question of equality of rights between men and women as regards the retirement age and the payment of early old-age pensions; it also recalls the Government's indications concerning amendments to the statutes of insurance funds to promote equality as well as concerning draft legislation to abolish all special protective measures relating to the employment of women with the exception of those concerning maternity, and to protect all workers with family responsibilities without distinction on grounds of sex. In its current report, the Government states that the results of the consultations concerning the draft legislation are currently being analysed and that it will keep the Committee informed of the outcome of these consultations.

While noting this statement, the Committee observes that, in a message concerning the tenth revision of the old-age and survivors' insurance scheme AVS (Feuille fédérale No. 15, Volume II, 17 April 1990), the Government states, with the support of figures demonstrating the inequality in vocational training and employment of which women are the victims, that "the constitutional principle of equality of rights between men and women is far from being a reality" and that, in these conditions, an increase in the retirement age of women would appear to be difficult to achieve on the political level. The Federal Council is, however, of the opinion that the next important revision of the AVS must deal with the question of harmonising the retirement ages of men and women. The Committee requests the Government to keep it informed of any developments in this respect.

2. In relation to the agricultural sector, the Committee notes with interest that, according to the Government's report, the Ordinance respecting training in home economics, of 27 November 1989, came into force on 1 January 1990. The Committee notes that this text makes no distinction between the sexes in its wording. It requests the Government to keep it informed of the effect given in practice to these new provisions, and of any positive measure or activity that is undertaken with a view to promoting equality of opportunity in this field, in accordance with the Convention.

The Committee also notes that, according to the Government's report, the proportion of women participating in vocational training is slightly higher, although the proportion of men undertaking further training is still predominant, with the exception of occupations in which women are traditionally employed. In this connection, the Committee notes the adoption of the Federal Order of 23 March 1990 on special measures to promote further training, which are intended to encourage further training under certain conditions and for a six-year period through the grant of subsidies (in the overall budget one item is specifically for women and foreigners while another is for vocational reintegration). The Committee notes with interest the Government's statement that certain projects that will be undertaken to follow up these special measures could achieve greater equality between men and women. The Committee requests the Government to keep it informed of developments in the situation in this regard.

3. The Committee recalls its comments concerning the provisions of the Federal Act respecting the conditions of service of officials in relation to: (a) the special conditions respecting appointment to various posts (section 4(3) of the conditions of service, as amended), and (b) the restrictions on the activities of officials respecting associations (section 13(2) of the above conditions of service), having regard to the application of Article 4 of the Convention. The Committee notes the information supplied by the Government in this connection.

The Committee notes that, according to the Government, an official who is dismissed from his duties by virtue of section 13(2) of the conditions of service of officials has the possibility to appeal to the law courts. The Committee requests the Government to supply details in this connection, namely on the manner in which it is determined that the objectives or the means used by the association of which the official is a member are of an illegal nature or of such a nature as to prejudice the security of the State, and on cases in which this section is applied. The Committee also requests the Government to supply any judicial ruling that has been handed down under this provision.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report and the detailed information that it contains in reply to its previous comments, as well as the documents that are attached.

1. With regard to the Federal Office for Equality between Men and Women, which was set up by the Ordinance of 24 February 1988, the Committee notes that, since it commenced its work on 1 January 1989, it has directed its activities towards many fields including in particular the promotion of women in the world of work. In this connection, the Committee notes the publication of a vade-mecum on equality between men and women in the world of work entitled "The promotion of women, a promise to be kept", and the commencement of various inquiries and studies that are intended to identify the various types of difficulties which impede equality in employment. In particular, the Committee notes with interest that the Office for Equality between Men and Women has undertaken a study in Geneva on sexual harassment at the workplace. The Committee requests the Government to continue to keep it informed of activities related to the promotion of equality of women in employment, the results of current inquiries and, where appropriate, the measures that are envisaged or have been adopted to overcome difficulties.

2. The Committee notes with interest that, after the Cantons of Jura and Geneva, equality offices have been established in the Cantons of St. Gallen, Basel-country, Zurich, Berne and the town of Winterthur and that the trend is for an increase in this movement since other Cantons and towns have announced their intention of doing the same. The Committee requests the Government to describe the practical activities and the results obtained by these offices as regards the promotion of equality of opportunity and treatment of women in employment.

3. With reference to the legislative programme for equality between men and women, the Committee notes with interest that draft legislation has been prepared and is currently undergoing the process of consultation at various levels. This draft text includes a prohibition of discrimination on grounds of sex as regards conditions of work as well as measures to facilitate legislation concerning the right to equal remuneration and to strengthen the position and responsibilities of the Federal Office for Equality between Men and Women. It requests the Government to keep it informed of any development in this respect and, in particular, to supply the text of this new legislation when it is adopted.

The Committee requests the Government to supply information on the implementation of the programme to promote equality between men and women in respect of employment, both as regards legislative changes (such as the amendments proposed by the legislative programme of 26 February 1986 on equality of rights between men and women) and as regards practical achievements in the world of work.

4. The Committee is addressing a request directly to the Government on other aspects of the application of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the detailed information and documentation supplied by the Government in reply to its previous comments, and also requests the Government to refer to the observation that it is making at its present session.

1. As regards the public sector, the Committee notes with interest the work of the Federal Personnel Office to promote the application of the principle of equality between men and women, particularly in the fields of competitions for vacancies, vocational training and further training and terms and conditions of employment. The Committee has also examined the statistics for 1987 that were supplied by the Government concerning the distribution of staff in the public administration by sex, mother tongue, age group, etc., which were established by the above Office. From this data it appears that, although the distribution of staff by language corresponds largely to the population of the various linguistic communities in the country, the same is not true for the proportion of women employed in the public administration. This proportion is 17.1 per cent for the administration as a whole, 15 per cent in the general administration of the Confederation, 26.5 per cent in the posts and telecommunications services and 4.8 per cent in the Federal Railways. The Government also indicates that women are under-represented in higher-level jobs and over-represented in lower-level jobs. The Committee hopes that the Government will continue to endeavour to promote the principle of equality of opportunity and treatment and to encourage the access of women to vocational training and employment in the public sector, including positions of responsibility, under the same conditions as men. The Committee also requests the Government to continue supplying information on any progress achieved in this respect.

2. The Committee refers to its previous comments concerning certain provisions of the statutes of the Federal Insurance Fund and the statutes of the Pensions and Assistance Fund of the Federal Railways, which include differences between women and men as regards the retirement age and the payment of early retirement pensions (provisions that were considered to be anti-constitutional by the Federal Tribunal ruling of 25 March 1983) and it notes that these provisions of the Ordinance respecting the Federal Insurance Fund and the Pensions and Assistance Fund of the Federal Railways were amended by the Federal Order of 24 September 1987 (which came into force on 1 January 1988) in order to establish equality of rights between the two sexes in this field. The Committee also notes the Government's statement that draft legislation is currently under discussion by the Federal Labour Commission and that this draft legislation proposes to abolish all special protective measures relating to the employment of women with the exception of those concerning maternity, and, in exchange, to protect all workers with family responsibilities without distinction on grounds of sex. The Committee requests the Government to keep it informed of any developments in this connection.

3. As regards women employed in the agricultural sector, the Committee noted in its previous comments the measures that the Government plans to take to remedy the inequalities between men and women in the fixing of wages and in access to vocational training. With reference to the inequality of wages, the Committee requests the Government to refer to the comments that it has made in the context of Convention No. 100. As regards access to vocational training, the Committee notes with interest, from the report, that the amendment of the Ordinance respecting training in home economics and the vocational training of women agricultural workers is under way and that the new draft legislation provides for the abolition of distinctions based on sex as regards training. The Committee hopes that this draft legislation will be adopted in the near future and that the Government will supply information on the effect given in practice to these new provisions, and on any other positive step taken to eliminate any discrimination in this field, in accordance with the principles set out in the Convention.

4. The Committee has examined the amendments made to the federal Act respecting the conditions of service of officials (which came into force on 1 July 1987) and notes that by virtue of section 4(3) of the new conditions of service, the Federal Council determines the special conditions that officials must fulfil in order to be appointed to the various posts, and that by virtue of section 13(2) officials are not authorised to be members of an association which sets objectives or uses methods that are illegal or such as to prejudice the security of the State. The Committee requests the Government to: (a) provide details on the "special conditions" which must be fulfilled by public officials in order to be appointed to the various positions, and (b) to indicate the scope in practice of section 13(2) of the revised conditions of service and their effect on the application of Article 4 of the Convention, and the possibility for those concerned to appeal to a competent body established according to national practice. (The Committee requests the Government to refer on the subject of this Article of the Convention to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation.)

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the detailed information and the documentation supplied by the Government in reply to its previous comments. It notes with satisfaction that, by the Ordinance of 24 February 1988, a Federal Office for Equality between Men and Women has been set up which will have the task of promoting the application of the principle of equality of the sexes in all walks of life, including employment and occupation, and of eliminating all forms of direct or indirect discrimination. The Committee requests the Government to supply information on the work of this Office for the elimination of the inequalities that still exist between women and men, particularly as regards access to vocational training, access to employment and to particular occupations and terms and conditions of employment, including wages.

2. The Committee has also examined the documentation concerning the work of the Office for the Status of Women, which is operating in the Canton of Jura and, in particular, notes with interest the information campaign undertaken by this Office and the efforts made to facilitate the access of women to vocational training, particularly for occupations that are not considered to be traditional occupations for women, to confirm their right to work and to promote their access to posts of responsibility. The Committee also notes with interest the first measures taken by the Office for Equality of Rights for Men and Women and by the Advisory Committee on Equality, set up in the Canton of Geneva, and it requests the Government to continue supplying information on the work of these bodies and the results achieved (including statistics). The Committee also hopes that similar offices will be set up in other cantons in the country.

3. As regards the amendments to the federal legislation proposed in the 1986 report on the legislative programme on Equality of Rights for Men and Women, the Government indicates in reply to the Committee's comments that this report has been brought to the attention of Parliament and that certain amendments have already been made (such as the amendment of the legislation respecting the public service) or are about to be made. The Committee notes these indications and requests the Government to keep it informed of any further developments in this connection and to supply copies of the texts that are adopted.