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

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

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.