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

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 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.