Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Discrimination on the grounds of sex. Sexual harassment. The Committee notes, according to the report on the evaluation of the Equality Act, that the taboo concerning sexual discrimination has been successfully removed and that complaints relating to sexual harassment are relatively numerous, particularly in the private sector, where they constitute the main type of discrimination dealt with by the conciliation offices and the courts. The Committee notes, however, that many victims fail to invoke their right for fear of losing their job and that there is still progress to be made to improve the knowledge and application of the Equality Act and its provisions on sexual harassment. The Committee also notes that according to the evaluation, male and female workers are still relatively unaware of the protection offered by this Act and that protection against dismissal, one of the key provisions of this Act, is the provision that heads of personnel are least aware of. Taking into account this information, the Committee hopes that the Government will take the necessary measures to ensure that the Act is known and understood by all male and female workers and that the Government will ensure that preventive measures against sexual harassment are taken in all undertakings, including small and medium-sized ones. The Committee asks the Government to keep it informed of any measures taken in collaboration with the social partners to improve the application of the prohibition against sexual harassment, in both law and practice.

2. Measures to ensure and promote equality of men and women in employment and occupation. The Committee notes that the division between male and female managerial staff has not diminished since 1991. The Committee notes from the Government’s report that the employment and family policy applied in undertakings is a major obstacle to achieving equality between men and women. The Committee notes that the Federal Office for Equality of Men and Women funds a number of projects aimed at combating occupational segregation and raising young people’s awareness of equality of opportunity in professional and family life. The Committee also notes that under the provisions of the Equality Act, financial assistance may also be allocated for the setting up within the enterprise of a form of work organization or infrastructure favouring equality between the sexes. The Committee notes that, according to the comments of the Trade Union Confederation of Switzerland (USS) in its report forwarded by the Government, young mothers have greater difficulty pursuing their professional career at the same pace as their male colleagues, most notably because of the unequal distribution of family obligations and the shortage of childcare facilities. The Committee notes that the USS proposes the introduction of paid paternity leave with a view to promoting the more equal distribution of family responsibilities. The Committee asks the Government to indicate in its next report any follow-up given to the recommendation made by the Trade Union Confederation of Switzerland. The Committee asks the Government to send information on the programmes implemented under section 14(c) and (b) of the Equality Act and their impact on the reduction of inequality between men and women. The Committee encourages the Government to step up its collaboration with the social partners so as to include in the policy of undertakings and in collective agreements provisions allowing male and female workers to harmonize their family life and professional life, and asks the Government to provide information in this respect.

3. Vocational training. The Committee notes that in its reply the Government limits itself to describing the types of subsidies granted within the framework of the Federal Act on Vocational Training. The Committee recalls that the objective of this Act is to achieve equality between men and women in vocational training. The Committee notes that the information provided by the Government is not sufficient to allow it to assess the application in practice of the Convention in respect of vocational training. The Committee asks the Government to provide information on the projects financed within the framework of the Act on Vocational Training and on their impact on equal access to training for men and women and the reduction of occupational segregation.

4. Articles 2 and 3 of the Convention. Legal protection and promotional measures. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion or social origin. The Committee notes that according to the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and related Intolerance of the Human Rights Council of the United Nations at the national level there is a lack of coherent and resolute political and legal strategies against racism and xenophobia (A/HRC/4/19/Add.2, 30 January 2007). The Rapporteur recommends the implementation of a comprehensive legal strategy to combat discrimination which should be supplemented by a cultural and ethical strategy aimed at combating the stereotypes affecting certain groups of the population. In this regard, the Committee recalls that in its previous comments it encouraged the Government to give due consideration to the recommendation of the Federal Commission against Racism to introduce an explicit prohibition of racial discrimination in employment and occupation. The Committee draws the Government’s attention to the fact that this explicit prohibition would ensure workers better protection against discriminatory treatment and would give full effect to the principles of the Convention. The Committee notes that the Government is in favour of long-term action to combat racism and xenophobia and that numerous projects in various sectors have been implemented to eliminate this type of discrimination. The Committee notes that the Government has allocated funds to awareness-raising and prevention campaigns against discrimination and to the strengthening of institutions for the assistance of victims. The Committee also notes that since 2006, the Anti-Racism Service has been responsible for the implementation of measures against racism, anti-Semitism and xenophobia, and right-wing extremism. The Committee encourages the Government to introduce into its legislation an explicit prohibition against racial discrimination in employment and occupation and asks the Government to keep it informed of any progress made in this respect. The Committee asks the Government to continue providing information on the application, in law and practice, of the principle of equality of opportunity and treatment in employment and training without discrimination on the grounds of race, colour, religion, national extraction or social origin.

5. Equality of opportunity and treatment of travellers. The Committee notes that the Federal Council has approved the final version of the report entitled “The situation of travellers in Switzerland” (October 2006). The Committee notes that the second part of this report refers to the creation of rest and transit areas for travellers. The Committee also notes that several projects aimed at illustrating the culture of travellers in a more favourable light have been supported through the funds of projects against racism in favour of human rights. The Committee encourages the Government to pursue its efforts to adopt measures aimed at promoting equality of opportunity and treatment in employment and occupation for travellers and asks the Government to keep it informed in this respect.