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

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

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.