Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of Travail.Suisse, communicated with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Government indicates in its report that in April 2022, the Federal Council adopted a report entitled “Sexual harassment in Switzerland: extent and trends”, which found that sexual harassment is widespread. The Committee notes the information provided by the Government on the measures taken to prevent and address sexual harassment, aimed both at the social partners and the general public, including through the website of the Office for Equality between Women and Men (BFEG), which provides a large amount of information on sexual harassment in the workplace. The BFEG develops materials for employers for the training of human resource officers and managerial staff. In addition, examples of regulations and information sheets on sexual harassment in the workplace have been made available as good practice for, inter alia, private enterprises, government departments, educational institutions, social institutions, the public health system, churches, employers’ organizations, professional associations, trade unions, and cantonal employment offices. A list of specialists to support employers and specialist services for persons affected is also available. Employees also have access to information to protect themselves against sexual harassment. The State Secretariat for Economic Affairs (SECO) also makes available a variety of information on the subject of sexual harassment at work, including advice for workers and information and checklists for employers. The Committee notes that the BFEG and SECO have commissioned a new study on sexual harassment in the workplace, which will be published by the end of 2024. This study will provide information on the prevalence, context and type of sexual harassment in the workplace in Switzerland. It will also assess the situation regarding the knowledge and information provided to workers and employers on the legal rules applicable to sexual harassment in the workplace. The Government also indicates that it will carry out an interim review of the implementation of the Equality Strategy 2030 in order to assess the progress made, which will be available in 2025. The Committee notes with interest the rulings of the Federal Court on cases of sexual harassment in the workplace communicated by the Government. Noting that sexual harassment is widespread, the Committee requests the Government to step up its efforts to combat sexual harassment and to provide information on the measures taken to this end, in particular for human resource officers. It also requests the Government to communicate the findings and recommendations of the interim review of the implementation of the Equality Strategy 2030, particularly with regard to combating sexual harassment.

Discrimination on the basis of sexual orientation. In reply to the Committee’s request on the application of section 261 bis of the Penal Code, the Government indicates that in 2023 the police recorded 401 offences under this section, 45 of which were based on sexual orientation. The Committee requests the Government to indicate whether this section has been applied in cases of discrimination in employment and occupation.

Article 2. Measures to promote equality between women and men in employment and occupation. The Committee notes that, according to statistics published by the Federal Office for Statistics in June 2024: (1) Clear differences remain in the choice of vocational training and fields of study, with women significantly under-represented in technical vocational training and fields of study, and men under-represented in health and social care; (2) the rate of women in employment is lower than for men and has remained stable since 2016 (60 per cent for women and 70 per cent for men); (3) more women than men work part-time (58 per cent compared with 20 per cent), and are under-represented in leadership positions (22 per cent compared with 36 per cent); and (4) in couples, the distribution of paid and unpaid work is unequal, with women devoting more time to domestic and care responsibilities. The Committee also notes the information provided by the Government on the implementation of measures provided for in the Equality Strategy 2030 plan of action to promote equality between women and men in employment and occupation, including measures to promote women in training, research and innovation. In this regard, it notes that measures have been taken to: (1) increase the proportion of women in tertiary training in mathematics, computer science, natural sciences and technology (MINT) and in teaching and research, particularly in executive positions and decision-making bodies in higher education institutions, and increase the proportion of men in healthcare occupations; (2) set quotas for women in the federal administration for the 2024–27 legislative period. For 2027, the target for women in middle management positions is between 39 and 44 per cent, and for women in senior management positions between 30 and 35 per cent; (3) raise awareness and encourage young people (aged between 4 and 20 years), particularly girls and young people from backgrounds alienated from the education system or from socially disadvantaged backgrounds, to participate in MINT subjects through extra-curricular activities; (4) reintegrate and retain in employment women with children; (5) continue to provide financial support for projects promoting equality between women and men in vocational training, such as the “IT-dreamjobs” campaign specifically targeting young women; and (6) deconstruct gender stereotypes in vocational training, such as the “Future in All Genders” day. The Committee requests the Government to provide information on the findings of the interim review of the implementation of the Equality Strategy 2030 and, where appropriate, on any adjustments made in combating discrimination based on sex.

Workers with family responsibilities. Leave to care for relatives. The Committee notes with interest the introduction of new forms of leave to enable workers with family responsibilities to better reconcile these responsibilities with their work responsibilities (extension of maternity leave in the event of hospitalization of the newborn, leave for the surviving parent in the event of the death of one of the child’s parents, adoption leave, leave to care for relatives or a child whose health has been seriously affected by illness or accident). It notes that, concerning leave for parents and carers, Travail.Suisse considers that there are still shortcomings, for example, that the criteria for entitlement to leave to care for a sick or injured child are too strict. The Committee requests the Government to continue providing information on the progress made in supporting workers with family responsibilities.

Leave for the other parent. The Committee notes with interest that the leave of two weeks introduced in 2021 for working fathers has been extended to the spouse of the mother who is the child’s other parent in accordance with civil law. It also notes the statistics provided in reply to its previous request on the number of recipients of the paternity allowance in 2021 and 2022 (67,220 and 62,770, respectively) and the estimation by the Federal Office for Social Insurance that most fathers take paternity leave (70 per cent between 2021 and 2022). The Committee notes this information.

Childcare outside the home. The Committee notes that a parliamentary initiative is being prepared to ensure that the Confederation provides financial support to the cantons and communes for childcare outside the home, pending consideration of a bill that could provide a lasting solution to this matter. The Committee requests the Government to provide information on legislative developments in this regard.

Promoting equality of opportunity and treatment irrespective of race, colour or national extraction. The Government indicates that the work of the Service for Combating Racism (SLR) is laying the foundations for a policy to combat racial discrimination, which involves measures to offer advice to victims of racial discrimination and measures to raise awareness and better inform victims about the reality of racial discrimination in Switzerland. As part of the cantonal integration programmes (PICs), protection against discrimination and the removal of structural and individual barriers, primarily for migrants, particularly in relation to access to work and other areas of life, are a key component of promoting integration. The Government also refers to the objectives agreed between the Confederation and the cantons, within the framework of the PICs, to ensure competent advice for victims of racial discrimination and to help to improve protection against discrimination, including structural discrimination within institutions, by establishing specific advisory services for victims of racism and awareness-raising measures for actors in the world of work. Specific measures are being taken by the cantons to promote employability and to guarantee protection against discrimination in relation to access to work and in the workplace. Finally, the Government is committed to continuing its efforts to reduce discrimination and inequality in training, research and innovation. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) has expressed concern at the lack of funding and human resources in some of the advice centres for victims of racism established by the cantons under the PICs. The Committee recalls that it is necessary to adopt proactive measures and 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 (see the general observation on discrimination based on race, colour and national extraction, adopted in 2018). Emphasizing the extent of the problems observed in practice, and the shortcomings in the legislative framework, referred to in its observation on the Convention, the Committee requests the Government to continue its efforts to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination on the basis of race, colour and national extraction, both in its individual manifestations and at the structural and institutional levels, and to continue providing information on the specific measures taken in this regard. The Committee also requests the Government to provide information on the activities of the advice centres established under the PICs and on the adequacy of their financial and human resources.

Equality of opportunity and treatment of Roma. The Committee notes the information provided by the Government on the activities of the Assurer l’avenir des gens du voyage Suisse (Safeguarding the Future of Swiss Travellers) foundation, and of the Federal Office for Culture, particularly in education. It notes that, as part of the foundation’s activities, a national education strategy has been launched for children and adolescents and that a social assistance service has been established to provide advice on self-employment and finance for these minorities. Specific teaching materials have been financed by the Federal Office for Culture to raise awareness among school pupils and prevent discrimination. One of these projects, “Yenish, Sinti, Roma – little known minorities in Switzerland”, set up by the Zurich University of Teacher Education, resulted from a lengthy participatory process that directly involved the various communities; similar projects have been set up in other language regions of Switzerland. Regarding the national plan of action, “Yenish, Manouche, Roma, 2016”, the Government indicates that an external assessment of this plan, to adapt it to current needs, is planned for the 2025–28 period. The Committee requests the Government to provide: (i) information on the results of the assessment of the “Yenish, Manouche, Roma” plan of action (2016), concerning employment and occupation; and (ii) statistical data, disaggregated by sex, on the situation of these minorities on the labour market.

Enforcement. The Government has informed the Committee that the Swiss Human Rights Institution is neither a national equality body nor an ombudsman’s office, and does not therefore deal with individual cases. The Government also indicates that: (1) the supervisory authorities fulfil a primarily preventive role (information, advice and awareness-raising in enterprises), although they can intervene in the event of a problem; (2) the law does not require any record to be kept of the decisions of the enforcement authorities, and the federal labour inspectorate does not have any statistics in this regard; and (3) there are no plans to establish a specialized body competent to deal with complaints of discrimination in employment and occupation. The Government also emphasizes the scarcity of court rulings on issues of discrimination. The Committee refers to its observation on the application of Convention in this regard. The Committee urges the Government to: (i) take the measures necessary to strengthen the role and action of the supervisory authorities in combating discrimination in employment and occupation, in addition to their preventive role, and (ii) provide information on any measures taken in this regard and on the relevant activities of the federal labour inspectorate and cantonal labour inspectorates.