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Experts of the Committee on the Elimination of Discrimination against Women congratulate Switzerland on its global gender gap ranking, ask about the visibility of the Convention and gender stereotypes
21 October 2022
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the sixth periodic report of Switzerland, with Committee Experts congratulating the State on being ranked tenth in the last Global Gender Gap Report, and asking about the visibility of the Convention in Switzerland and gender stereotypes.
Corrine Dettmeijer-Veremeulen, Committee Expert and Country Rapporteur for Switzerland, congratulated Switzerland on being ranked tenth in the last Global Gender Gap Report of the World Economic Forum, owing to its substantial progress in marginally closing the political participation gap. The Committee also welcomed the ratification of the Istanbul Convention in 2017, and that Switzerland had taken legislative initiatives, including to bring the provisions concerning sexual assault and rape in line with the Istanbul Convention.
What steps had been taken to improve visibility of the Convention in the country, asked Ms. Dettmeijer-Veremeulen? How was coherent implementation ensured all over Switzerland with the Federal Government, cantons, and municipalities? How did Switzerland plan to eliminate vast cantonal differences in the protection of women’s rights? How would it be ensured that judicial authorities viewed the Convention as part of the objective legal order?
A Committee Expert said that the Committee had expressed concern about gender stereotypes in Switzerland, and since then important progress had been made, including the national action plan which focused on public information. Despite this, negative stereotypes were impacting women’s human rights. How did the State plan to take further action to combat gender stereotyping? Given that Swiss children had to make career choices at a young age when they were susceptible to gender stereotypes, would the State party consider conducting a comprehensive study, with a view to addressing gender stereotypes in the workplace and the family?
Sylvie Durrer, Director of the Federal Office for Gender Equality of Switzerland and Head of Delegation, said the results of dialogues with the Committee were broadly disseminated. The Convention was cited in political debates, and it was at the origin of many parliamentary proposals. The Swiss digital strategy was being updated to incorporate a gender perspective. The Convention was cited within cantonal action plans, and adoption plans for new legislation. Efforts had been taken to train the judiciary on the Convention. All principles of the Convention were required to be considered during the application of national legislation. The Convention was taken into account in the rulings of courts.
Ms. Durrer said stereotypes were a difficult issue, and many actions had been taken, including awareness raising, compulsory education, actions relating to the media, and legal actions, among others. A day for awareness raising educated teachers and students on the detriments of stereotyping when it came to choosing careers. Instruments were in place to combat stereotypes, including grants supporting women’s participation in science, and support for young women researchers.
The delegation said efforts were made to reduce gender stereotyping at a young age, starting in preschool, to prevent gender stereotyping later on when students made career choices. Secondary schools offered a day for boys and girls to discover different professions; girls would go and work in a traditionally male profession, and vice-versa, to give them a different view and further options. Swiss Tech Ladies was an initiative to encourage girls to enter into scientific professions.
In concluding remarks, Ms. Durrer thanked the Committee for the high-quality analysis provided and the many questions and comments. Switzerland looked forward to receiving the Committee’s observations which were a support for the Government. Political challenges sometimes prevented progress, but the observations were still considered at the highest level.
Gladys Acosta Vargas, Committee Chairperson, thanked the delegation for the constructive dialogue with the Committee, which had provided a better understanding of the situation of women and girls in Switzerland. Ms. Acosta Vargas commended Switzerland for its progress and encouraged the State to take all measures to implement all recommendations of the Committee.
The delegation of Switzerland consisted of representatives from the Federal Bureau of Equality between Men and Women; the Federal Office of Public Health; the Federal Statistical Office; the Federal Office of Justice, the Federal Social Insurance Office; the Federal Office of the Police; the Department of Federal Affairs; the State Secretariat for Economic Affairs; the State Secretariat for Migration; and the Permanent Representative of Switzerland to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s eighty-third session is being held from 10 to 28 October. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Tuesday, 25 October, for an informal meeting with State parties.
Report
The Committee has before it the sixth periodic review of Switzerland (CEDAW/C/CHE/6).
Presentation of Report
SYLVIE DURRER, Director of the Federal Office for Gender Equality of Switzerland and Head of Delegation, said in 2021 Switzerland adopted the 2030 Gender Equality Strategy, its first national strategy specifically aimed at promoting equality between women and men. The strategy helped implement international instruments, including the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention, and focused on four central themes: promoting equality in the workplace; improving work-life balance; preventing gender-based violence; and fighting discrimination. To implement the strategy, Switzerland defined an action plan which contained detailed measures, requiring the active participation of the entire Federal Administration, and was addressed to the cantons and municipalities to ensure an integrated approach. In October 2021, Parliament hosted the second Women’s Session in its history, bringing together more than 240 women from all regions of Switzerland who took part in debates. Twenty-three demands were adopted and forwarded to Parliament, concerning topics such as equal pay, sexual offences, gender-based violence, care work, and childcare, among others.
Wage inequality was still a reality in Switzerland, amounting to an 8.1 per cent disparity between men and women on average. To improve the situation, a revised version of the Gender Equality Act came into force in 2020, requiring employers of companies with more than 100 employees to complete an equal-pay analysis, have it audited, and share the results with employees and shareholders. Audits of wage equality continued to be conducted, with a focus on small and medium-sized enterprises. At the start of 2021, new thresholds for gender representation were applied in large, listed companies: 30 per cent for boards of directors and 20 per cent for management bodies. The Government also decided to raise the target rate for gender representation from 30 per cent to 40 per cent for the top management bodies of enterprises affiliated with the Confederation. One of the main issues relating to work-life balance was the provision of childcare outside the family. Parliament was currently drafting a proposal to contribute to the costs charged to parents. Since 2021, fathers had been able to take two weeks paid paternity leave. At present, the law did not provide for parental leave.
Unfortunately, violence towards women and domestic violence were still widespread in Switzerland, despite a slight decrease, with 19,341 offences in 2021, compared to 20,124 in 2020. Over 70 per cent of victims were women, and men accounted for 73 per cent of offenders. Of all the sexual offences recorded by the police in 2020, 86 per cent of victims were women. Combatting these forms of violence was a priority for Switzerland and a national action plan for the implementation of the Istanbul Convention had recently been adopted. The Confederation, cantons and non-governmental groups and organizations also joined forces to combat domestic violence in a strategic dialogue in April 2021. A roadmap defining several measures, which included setting up a round-the-clock central telephone number for victims, was signed on that occasion. Several other important measures were planned, including a national campaign on the prevention of domestic, sexual and gender-based violence. Parliament was currently working on a revision of the criminal laws on sexual offences, including that the offence of rape should be formulated in a gender-neutral way.
The legal amendment which entered into force in July 2022 placed same sex couples on an equal footing with other couples, both institutionally and legally. Since the start of this year, people who were transgender could change the details of their sex and first name quickly and simply by making a declaration to the civil registry office. Over 60,000 people from Ukraine, the majority of them women, had obtained protected status in the country earlier this year. Several unprecedented measures were implemented, including the activation of protection status S for the first time, which granted full access to the labour market, schooling and family reunification. A special information campaign was launched in several languages, including Ukrainian and Russian, to combat trafficking and sexual exploitation.
At the start of the COVID-19 pandemic, experts feared that the problem of domestic violence would worsen, and a special task force was created to fight domestic violence. Police forces and victim support services demonstrated heightened vigilance and additional financial assistance was granted to women’s shelters and telephone hotlines. Switzerland was working to implement the Convention, the Istanbul Convention, the 2030 Agenda for Sustainable Development, and the women, peace and security agenda. Ms. Durrer concluded by saying there were still many challenges and the Committee’s final observations would be valuable in guiding the Switzerland’s work
Questions by a Committee Expert
CORINNE DETTMEIJER-VERMEULEN, Committee Expert and Country Rapporteur for Switzerland, congratulated Switzerland on being ranked tenth in the last Global Gender Gap Report of the World Economic Forum, owing to its substantial progress in marginally closing the political participation gap. The Committee also welcomed the ratification of the Istanbul Convention in 2017, and that Switzerland had taken legislative initiatives, including to bring the provisions concerning sexual assault and rape in line with the Istanbul Convention.
What steps had been taken to improve visibility of the Convention in Switzerland? How was coherent implementation ensured all over Switzerland with the Federal Government, cantons, and municipalities? How did Switzerland plan to eliminate vast cantonal differences in the protection of women’s rights? How would it be ensured that judicial authorities viewed the Convention as part of the objective legal order? Could data be provided on court decisions which had invoked the Convention? What were the indicators for the final evaluation of the 2030 Gender Equality Strategy? One year after it had been launched, had the strategy positively impacted women so far? Did Switzerland plan to collect data on access to justice for women, specifically on the use of free legal aid? What were the measures taken to ensure that women with disabilities and Roma women were aware of their rights?
Responses by the Delegation
SYLVIE DURRER, Director of the Federal Office for Gender Equality of Switzerland and Head of Delegation, said the results of dialogues with the Committee were broadly disseminated. The Convention was cited in political debates, and it was at the origin of many parliamentary proposals. The Swiss digital strategy was being updated to incorporate a gender perspective. The Convention was cited within cantonal action plans, and adoption plans for new legislation. Efforts had been taken to train the judiciary on the Convention. All principles of the Convention were required to be considered during the application of national legislation. The Convention was taken into account in the rulings of courts.
Parliament had adopted measures aimed at lightening the load for parties in the courts, including where the State would bear the costs in certain conditions. The cantons had taken measures to ensure that migrant women were informed about complaints procedures and the care available. The goal was to provide information to migrants and refugees and those with temporary status. In 2018, the Swiss Parliament approved the law for victims of violence, which included migrants. The new law improved access to justice for victims of violence and was pro-bono. Information for people with disabilities was dispensed through programmes, seminars, and brochures. There were no statistics available for those who had received pro-bono legal aid.
One year after the adoption of the 2030 Gender Equality Strategy, measures had been implemented, including the designing of an action plan for the implementation of the Istanbul Convention. As part of this, a professional guide had been established for judges which covered issues of domestic violence, allowing the specific rights of children to be respected. The Gender Equality Strategy was a tool for the Swiss society to achieve gender equality. There was still no gender-budgeting tool which was acceptable to the whole of Switzerland. This was incorporated as a key objective in developmental projects. Cantons and provinces were aware of gender sensitive budgeting and had been trained on this.
Questions by a Committee Expert
CORINNE DETTMEIJER-VERMEULEN, Committee Expert and Country Rapporteur for Switzerland, asked if the national action plan adopted by Switzerland to implement the United Nations Guiding Principles on Business and Human Rights included a gender perspective, and if the results had been monitored and evaluated? Did the State party attempt to assess the impact of its tax and financial secrecy policy on women’s rights? What were the outcomes of the last national action plan on women in peace and security? Could data be provided on the number of female mediators? The share of female ambassadors was 24 per cent, while female heads of mission were at 20 per cent. What was Switzerland doing to promote equality in diplomacy? Would quotas be considered? What was Switzerland undertaking to ensure women’s participation in post-conflict governance? The only issues that remained unanswered were regarding the implementation within the judicial system.
Responses by the Delegation
The delegation said that financial secrecy was no longer a reality in Switzerland. The State had removed banking secrecy over the past decade and frameworks focusing on transparency had been implemented. Two actions plans had been adopted regarding responsible due diligence when it came to human rights, including the United Nations action plan on business and human rights. Reports on the implementation of the plans would be published in 2023. There had been a strategy to control arms, which had been adopted by the Swiss Government; it outlined that women’s participation was guaranteed. This was one of Switzerland’s strategies when it came to monitoring arms proliferation.
Switzerland had developed an action plan to combat radicalisation and violent extremism, which explicitly outlined the important role of women in this area, cooperating with women’s organizations on the ground, including in Cameroon. Women’s representation in the judiciary and diplomatic posts had evolved in the right direction; 41 per cent of judges at the federal level were female, and 38 per cent of diplomats were women. The action plan on combatting extremism granted financial aid to civil society organizations for initiatives such as training and awareness raising. The Convention could be invoked before the courts, and this was now being used by a growing number of lawyers in court to strengthen their arguments. Individual communications were on the rise in Switzerland, which showed that the Convention was being used.
Questions by a Committee Expert
A Committee Expert said Switzerland was to be commended for the two Women’s Sessions before Parliament, and the 23 recommendations taken into account. What were the root causes of the threats faced by equality officers, as mentioned in the report? What was being done to address this? It was worrying that two cantonal offices for equality would be dissolved; how did the State plan to promote an inclusive work environment in all sectors?
Responses by the Delegation
The delegation said the manpower and resources of the Federal Office for Equality had increased in recent years, to support activities to combat domestic and gender-based violence. At the regional level, there was a situation which varied depending on the language areas and cantons. Several cantons, including Bern, Geneva and the Jura, had seen a rise in their levels of staff. Some offices had new skills attributed to them and were now competent to monitor wage equality. The office in Valais had enhanced its ability as a new mechanism to combat domestic violence. There were new skills in terms of dealing with lesbian, gay, transgender, and intersex people, and these competencies had been accorded to the communities; however human and financial resources had not really increased. The mandate for all cantons to have an office on equality had been rejected. Six cantons currently did not have an equality mechanism. A Swiss integration programme informed migrants of their rights and duties, which were offered by the cantons. An integration case manager was assigned to support migrant and refugee women in different areas.
Employees that employed refugees who needed special training received financial aid for a limited time. The Federal Office for Equality for Persons with Disabilities had launched a programme in the workplace. A decision would be made at the end of the year on a report of people living with disabilities, which would cover different areas, including housing, participation, and inclusion in the workplace. The Swiss Government promoted the training on digital programmes for all individuals, and the Federal Gender Office ensured that the digital strategy responded to the specificities of women in Switzerland.
Questions by Committee Experts
A Committee Expert said the Committee had expressed concern about gender stereotypes in Switzerland, and since then important progress had been made, including the national action plan which focused on public information. Despite this, negative stereotypes were impacting women’s human rights. How did the State plan to take further action to combat gender stereotyping? How did this issue appear in the Media Act? Would the media legislation be changed at the federal level? How would the State prevent technological change from exacerbating existing inequalities? Negative stereotypes were affecting migrant women; how would this be changed to allow them to better integrate into society?
Another Committee Expert welcomed that financial support had been pledged to combat female genital mutilation, which was legally prohibited in Switzerland. However, in 2018, over 22,000 girls were affected by this practice. What was being done to provide support services, including psychological support and counselling, to those affected by female genital mutilation? How many investigations and prosecutions were being carried out? Were there programmes to train judges, parents and teachers to identify victims and report this harmful practice? Could information be provided on the sterilisation of women with disabilities?
Responses by the Delegation
SYLVIE DURRER, Director of the Federal Office for Gender Equality of Switzerland and Head of Delegation, said stereotypes were a difficult issue, and many actions had been taken, including awareness raising, compulsory education, actions relating to the media, and legal actions, among others. A day for awareness raising educated teachers and students on the detriments of stereotyping when it came to choosing careers. The encouragement of language learning and early support for children and parents were among programmes addressing the issue of stereotyping. Instruments were in place to combat stereotypes, including grants supporting women’s participation in science, and support for young women researchers. There was currently no legislation looking at gender in the media, but there were a series of provisions within the media outlets. Women were under-represented, but the media houses themselves were taking action, encouraging more women to work in the media.
Female genital mutilation was punishable even if the perpetrator fled abroad, and measures were supported within the Swiss network to combat the practice. Victims of female genital mutilation received medical aid and at the end of 2020, the Council published a report on measures combatting female genital mutilation. The implementation of a regional care centre for female genital mutilation was ongoing. Many cases of female genital mutilation were not reported to the police, meaning it was difficult to have reliable statistics. Switzerland was aiming to improve statistics on this. The law on sterilisation was regulated, and could only be practiced with the person’s consent. Sterilisation without consent was considered grievous bodily harm and could result in a prison sentence.
Questions by Committee Experts
A Committee Expert asked what steps were being taken to train judges and law enforcement officers on the treatment of victims of domestic and gender-based violence? Did Switzerland intend to harmonise the sexual criminal law in line with the Convention? Were there efforts to report different forms of violence more accurately? Could resident permits be extended in the case of a family breakdown due to domestic violence?
Another Committee Expert asked what the Government was doing to raise awareness on the hotline to report trafficking? When would the third national action plan on combatting trafficking be approved? What was being done to recognise victims of human trafficking? Did the State party recognise the link between prostitution and sexual exploitation?
One Committee Expert asked if any time bound goals or quotas had been implemented in areas where women were under-represented, including at cantonal levels? Were there practices or measures adopted to address the inequality between men and women in political and public life? How many female politicians and candidates experienced hate speech and sexism? What measures were being introduced to protect these women? Were there childcare services in Switzerland for members of the administration and parliament?
A Committee Expert noted that Switzerland had adopted legislation on trafficking, but there were issues with its implementation.
Responses by the Delegation
The delegation said the criminal proceedings for gender-based violence were part of initial and ongoing training for all levels of the judiciary, as well as the police force. Those who resided in Switzerland with a domestic permit generally had the opportunity to extend their permit if the family broke down due to spousal violence, and these people were able to remain in Switzerland. Provisions applied depending on the type of visa held. Several initiatives had been undertaken to identify victims of human trafficking, including through professionals in contact with potential victims. Indicators had been drawn up outlining the different kinds of trafficking, including sexual exploitation, trafficking for organs, and for labour.
A campaign had been launched so that when a potential victim of trafficking came to emergency services, the staff would report this via the hotline. A bus had travelled around the country providing information on trafficking and promoting the hotline. There were campaigns on Geneva public transport vehicles regarding the counselling hotline for victims of trafficking. Seven objectives had been outlined in the national action plan for trafficking. All those who were victims of exploitation were provided assistance, including counselling. All offenses committed against prostitutes were punished. A group of experts had considered the link between prostitution and exploitation, and came to the conclusion that prohibiting prostitution in Switzerland would lead prostitutes to go underground and be more vulnerable to exploitation.
Quotas in politics were not supported by Switzerland. However, voluntary measures had been implemented, including through civil society. All political parties were committed to increasing the number of women elected in the next elections. A girls’ parliament had been developed to improve knowledge on politics for young girls. Women who wanted to enter into politics received training to help them get elected. There was also training for candidates to deal with issues, including online harassment.
Questions by Committee Experts
CORINNE DETTMEIJER-VERMEULEN, Committee Expert and Country Rapporteur for Switzerland, said the Government needed to tackle hate speech against female Parliamentarians.
A Committee Expert asked how the gender balance curriculum was being rolled out in classrooms and what its impact on students had been? Given that Swiss children had to make career choices at a young age when they were susceptible to gender stereotypes, would the State party consider conducting a comprehensive study, with a view to addressing gender stereotypes in the workplace and the family? How did the State party plan to address the dire inequality in subject choice between boys and girls? How did the State plan to address inequalities between boys and girls in education in the digital sector?
Responses by the Delegation
The delegation said it was up to teachers to choose whether they wanted to have a specific course on equality, or to incorporate it into their teachings. The educational resource on equality was available but was not compulsory and there was a challenge getting teachers to use it. Efforts were made to reduce gender stereotyping at a young age, starting in preschool, to prevent gender stereotyping later on when students made career choices. Secondary schools offered a day for boys and girls to discover different professions; girls would go and work in a traditionally male profession, and vice-versa, to give them a different view and further options. Swiss Tech Ladies was an initiative to incentivise girls to enter into scientific professions.
In response to a question on whether or not it would be effective to make the educational resource on equality mandatory, the delegation said equality was not optional and teachers were required to make this a reality every day. This material was provided to facilitate the work of teachers.
Questions by a Committee Expert
A Committee Expert said the Gender Equality Act had limitations; would this act be revised to allow for more comprehensive pay gap audits? Would sanctions be imposed for companies that did not abide? Would Switzerland consider introducing parental leave, as opposed to maternity and paternity leave? Would the State party consider amending legislation to come in line with Swedish legislation? How could Switzerland ensure that an action plan was developed to eliminate discrimination in the Swiss social system? Would the State party consider a time-use study, which could anchor public policies, and promote a restructuring of the care economy? How could Switzerland ensure that women benefitted from the funds provided to micro-businesses?
Responses by the Delegation
SYLVIE DURRER, Director of the Federal Office for Gender Equality of Switzerland and Head of Delegation, said the results of gender pay audits had to be made public, which could be as much of a goad as sanctions; however, Parliament had voted against sanctions in this case. Paternity leave was accepted by a large majority of the population, through a vote. A discussion was underway on the different models of parental leave, including the Swedish model. The parental leave proposal was before Parliament for discussion, and it was hoped a solution would be reached to better include those with low wages. Tax breaks were provided to family carers. Switzerland did not conduct a time use survey, but had been gathering statistical data on time use of unpaid work for over 20 years. A monetary evaluation had been done on household work.
Questions by Committee Experts
A Committee Expert said women still paid more for health insurance in Switzerland; could more information on this issue be provided? What measures were being taken to ensure equality? What measures were being taken to provide refugees and asylum seekers with quality health services? Would steps be taken to provide free contraception for low-income women? What efforts were being undertaken to ensure low-income women had access to HIV treatment, including early diagnosis? What was being done to provide medical treatment for women with mental health disorders?
Another Committee Expert asked why the former provisions of matrimonial law had not been repealed to ensure Swiss legislation was in line with the Convention? The number of marriages of children under the age of 16 appeared to be on the rise in Switzerland, but there had only been six sentences handed down since 2013. Could further information be provided? Could data be provided on the decision on the amount of child maintenance?
Responses by the Delegation
The delegation said everyone in Switzerland was required to have health insurance. Asylum seekers were insured as of their first day arriving on Swiss soil. HIV care was adapted to the needs of the person and there was early detection and prevention care available to everybody in Switzerland; there was no discrimination in this area. Contraception was not free in Switzerland and was not reimbursed by insurance. There was low early pregnancy in Switzerland. Cantons could provide support for contraception for those with low incomes.
A consultation was launched in 2021, which discussed keeping an exceptional possibility to ensure an early marriage would continue if it aligned with the best interests of the child. This was a case-by-case solution, not a one size fits all approach. For example, marriage with a person who was 17 could be a voluntary marriage and could have been legal in the country where it was contracted. Necessary measures would be taken if the child was in any danger.
Questions and Responses
A Committee Expert asked if rural women had access to training programmes and support? How was the Federal Council planning to protect Roma women from discrimination and harassment? How did the Federal Government apply innovative technologies to support rural women?
The delegation said the legal framework for rural women guaranteed that anyone had access to property ownership in Switzerland. Several projects which had been initiated by rural women were being supported by the Government. There were no specific measures in favour of Roma women, but measures aimed at Yennish and Senti groups across the country also included Roma women. All asylum seekers received health insurance and basic healthcare. During the asylum process, all women asylum seekers received support from advisors and pre-legal representation.
A Committee Expert asked about the impact of the wage gap on pensions? Were there programmes which supported elderly women?
The delegation said the pension system was universal and covered the entire population. Information on support for older women would be provided in writing. There were several projects which used technology to support women and girls, including on the issue of online violence, which used algorithms to respond to this.
Internet bots were used to identify hate speech online, the delegation said. Chat-based advice lines were used by the Government to assist victims of violence, who were unable to use the telephone. The city of Zurich had developed a tool for reporting sexual abuse. Legislation was in place to support women asylum seekers and their integration. The application “Women Human Rights” was developed by the Foreign Affairs Department to help diplomats in their negotiations. It contained the fundamental texts and all recent decisions adopted in the field of human rights for women, and was very useful.
Closing Remarks
SYLVIE DURRER, Director of the Federal Office for Gender Equality of Switzerland and Head of Delegation, thanked the Committee for the high-quality analysis provided and the many questions and comments. Switzerland looked forward to receiving the Committee’s observations which were a support for the Government. Political challenges sometimes prevented progress, but the observations were still considered at the highest level. The delegation had worked very hard and its members were committed to improve the situation of women’s rights in the public and private sectors. There could be no peace without equality.
GLADYS ACOSTA VARGAS, Committee Chairperson, thanked the delegation for the constructive dialogue with the Committee, which had provided a better understanding of the situation of women and girls in Switzerland. Ms. Acosta Vargas commended Switzerland for its progress and encouraged it to take all measures to implement all recommendations of the Committee, for the benefit of all women and girls in the country.
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