COMMITTEE ON THE RIGHTS OF THE
CHILD
Thirtieth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE
RIGHTS OF THE CHILD: Switzerland
1. The Committee considered the initial report of Switzerland (CRC/C/78/Add.3),
received on 19 January 2001, at its 790th and 791st meetings (see CRC/C/SR.
790 - 791), held on 29 May 2002 and adopted at the 804th meeting (CRC/C/SR.804),
held on 7 June 2002, the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the State Party's initial report,
which followed the established guidelines. The Committee also takes note of
the timely submission of the written replies to its list of issues (CRC/C/Q/SWI/1),
which allowed for a clearer understanding of the situation of children in
the State party. The Committee also notes the positive dialogue it had with
the delegation of the State party. The Committee acknowledges that the presence
of a high-qualified delegation directly involved in the implementation of
the Convention allowed for a better understanding of the rights of children
in the State party.
B. Positive aspects
3. The Committee welcomes the adoption of:
a) the new Constitution of 1999 which enshrines provisions on the rights of
the child, notably in its article 11;
b) the new Act on divorce and filiation (entered into force in 2000);
c) the amendments to the Penal Code which introduce the prohibition of possession
of hard-core pornography, including child pornography (entered into force
in 2002);
d) the revision of the Federal Act concerning Assistance to Victims of Offences
(LAVI) (entered into force in 2002);
e) the Act on Medically-Assisted Procreation (LPMA – entered into force
in 2001))
4.
The Committee also welcomes the fact that
the Convention can be directly invoked before
the courts and that the Federal Tribunal
has referred to the provisions and principles
of the Convention on several occasions.
5.
The Committee welcomes the State party's
close cooperation with civil society with
regard to children's rights.
C. Principal subjects of concern and recommendations
C1. General measures of implementation
Reservations
6. The Committee is concerned at the reservations
made by the State party to article 5, 7,
10, 37 and the four reservations made to
article 40 but welcomes the information
that the State party is considering the
withdrawal of most of these reservations
thanks to recent and current revisions of
the Constitution and other relevant laws,
following a tentative timetable presented
during the dialogue. Despite this information,
the Committee remains concerned at the rather
slow pace of this withdrawal process and
even more at the fact that some reservations
may not be withdrawn at all or only in a
far away future.
7. In light of the 1993 Vienna Declaration
and Programme of Action, the Committee recommends
that the State party:
a) expedite as much as possible the process
for the withdrawal of the reservations regarding
the provision of an interpreter free of
charge (article 40(2)(b)(vi)) and use this
process to also withdraw as soon as possible
the reservation to article 5 given the fact
that this reservation is according to the
State party only an interpretative declaration
without the intention to affect the meaning
of article 5;
b) expedite the current revision of the
naturalisation law and withdraw as soon
as possible after the approval of this revision
the reservation made to article 7;
c) expedite the current revision of the
Foreign Nationals Act (formerly Federal
Act concerning the Permanent and Temporary
Residence of Foreigners) and withdraw as
soon as possible after the approval of this
revision the reservation made to article
10(1) regarding family reunification;
d) expedite the approval and enactment of
the new Juvenile Penal Law in order to start
as soon as possible thereafter the withdrawal
of the reservation to article 40(2)(b)(ii)
regarding legal assistance and to article
37(c) regarding separation of juveniles
deprived of their liberty from adults;
e) reconsider the reservation made with
regard to the possibility of having the
same juvenile judge as an investigating
and a sentencing judge since the requirement
of an independent and impartial authority
or judicial body [article 40(2)(b)(iii)]
does not necessarily and under all circumstances,
mean that investigating and sentencing juvenile
judges cannot be the same person;
f) expedite the current legal reform which
abolishes the competence of the Federal
Tribunal as a court of first instance and
withdraw as soon as possible after approval
of that reform the reservation made to article
40(2)(b)(v).
8. The Committee urges the State party to
have the withdrawal of all reservations
completed before the submission of the next
report.
Legislation
9. The Committee is aware of the numerous
laws under revision in the State party,
including in the Cantons which are relevant
to children such as the Federal bill on
criminal procedures applicable to minors,
the Federal bill on the criminal status
of minors, and the Foreign National Act.
10.
The Committee recommends that the State
Party:
a) ensure, through an appropriate mechanism
that national and cantonal laws conform
with the Convention in order to avoid discrimination
which may arise from existing disparities
in the State party;
b) rigorously review and ensure that these
and other laws concerning children as well
as administrative regulations both at the
federal and at the cantonal level, are rights-based
and conform to the Convention and other
international human rights instruments and
standards;
c) ensure adequate provision is made for
their effective implementation, including
budgetary allocation; and
d) ensure their smooth and rapid promulgation.
Coordination
11. The Committee notes that the Federal
Council stipulated in its resolution dated
15 October 1997 that the Federal Department
for Home Affairs is responsible for co-ordinating
the implementation of the Convention and
that co-ordinating mechanisms exist between
Cantons and between the Cantons and the
Federal Government. However, the Committee
remains concerned that the absence of a
central mechanism to co-ordinate the implementation
of the Convention in the State party makes
it difficult to achieve a comprehensive
and coherent child rights policy.
12.
The committee recommends that the State
party establish an adequate permanent national
mechanism to coordinate the implementation
of the Convention at the federal level,
between the federal and the cantonal levels
and between Cantons.
13. The Committee notes that the Federal
Department of Home Affairs formulated elements
of a Swiss policy concerning children and
youths but remains concerned that this policy
does not address all rights of children,
especially the younger children, as recognised
in the Convention.
14. The Committee recommends that the State
party prepare and implement a comprehensive
national plan of action for the implementation
of the Convention, undertaken through an
open, consultative and participatory process.
This national plan of action should adopt
a rights-based approach and not be limited
to protection and welfare. In addition,
the Committee recommends that equal attention
should be paid both to young and older children.
Finally, the Committee recommends that the
State party make use of child impact assessments
in the formulation of legislation, budgets
and policies.
Monitoring structures
15. The Committee notes the establishment
of mediators in a number of Cantons and
of mechanisms specialised in children's
issues in a number of Cantons and cities.
The Committee also notes that there have
been a number of parliamentary motions for
the establishment of a federal national
human rights institution. However, the Committee
is concerned that there is no central independent
mechanism to monitor the implementation
of the Convention, and which is empowered
to receive and address individual complaints
of children at the cantonal and federal
level.
16.
The Committee recommends that the State
party establish a federal independent human
rights institution in accordance with the
Paris Principles relating to the status
of national institutions (General Assembly
resolution 48/134), to monitor and evaluate
progress in the implementation of the Convention.
It should be accessible to children, empowered
to receive and investigate complaints of
violations of child rights in a child-sensitive
manner, and address them effectively.
Data collection
17. The Committee notes the measures underway
to improve data collection, notably through
the National Research Programme. However,
the Committee remains concerned that age-brackets
used by statistics - notably national census
– do not conform to the definition
of the child as set up in the Convention
and that not all areas of the Convention
are covered.
18.
The Committee recommends that the State
party collect disaggregated data on all
persons under 18 years for all areas of
the Convention, with specific emphasis on
those who are particularly vulnerable and
on fields which are not yet covered by current
data; and use this data to assess progress
and design policies to implement the Convention.
Training/dissemination of the Convention
19. The Committee welcomes information that
the State party will publish its initial
report with concluding observations together
as well as a summary of the report. However,
the Committee is concerned that the Convention
was not translated into the fourth national
language of the State party, namely Romansh,
and that dissemination, awareness-raising
and training activities are not always undertaken
in a systematic and targeted manner.
20.
The Committee recommends that the State
party:
a) strengthen, and make on-going its programme
for the dissemination of information on
the Convention and its implementation among
children and parents, civil society, and
all sectors and levels of Government, including
initiatives to reach vulnerable groups,
especially migrant and asylum seeker children;
b) translate the Convention into Romansh;
c) develop and disseminate systematic and
ongoing training programmes on human rights,
including children's rights, for all professional
groups working for and with children (e.g.
federal and cantonal parliamentarians, judges,
lawyers, law enforcement officials, civil
servants, local government official, personnel
working in institutions and places of detention
for children, teachers and health personnel).
C2. General Principles
Non-discrimination
21. While acknowledging the prohibition
of discrimination in the Constitution (article
8), the Committee is concerned at the de
facto discrimination against foreign children
and at incidents of racial hatred and xenophobia
that can have a negative effect on the development
of children. The Committee is also concerned
that some of the cantonal disparities in
practice and services provided and in the
enjoyment of the rights by children may
amount to discrimination.
22.
In light of article 2 and other related
articles of the Convention, the Committee
recommends that the State party carefully
and regularly evaluate existing disparities
in the enjoyment by children of their rights
and undertake on the basis of that evaluation
the necessary steps to prevent and combat
discriminatory disparities. It also recommends
that the State party strengthen its administrative
measures to prevent and eliminate de facto
discrimination against foreign children
or children belonging to minorities.
23. The Committee requests that specific
information be included, in the next periodic
report, on the measures and programmes relevant
to the Convention on the Rights of the Child
undertaken by the State party to follow
up on the Declaration and Programme of Action
adopted at the 2001 World Conference Against
Racism, Racial Discrimination, Xenophobia
and Related Intolerance, and taking account
of General Comment no. 1 on article 29(1)
of the Convention (aims of education).
Best interests of the child
24. The Committee is concerned that the
general principle of the best interests
of the child (art. 3) is not fully applied
and duly integrated in the implementation
of the policies and programmes of the State
party.
25.
The Committee recommends that the State
party take all appropriate measures to ensure
that the general principle of the best interests
of the child is appropriately integrated
in all legislation and budget, as well as
judicial and administrative decisions and
in projects, programmes and services which
have an impact on children.
Respect for the views of the child
26. While welcoming article 11(2) of the
Constitution recognising that the child
can exercise his/her own rights in accordance
with his/her maturity, and the numerous
legal provisions recognising the right of
the child to express his/her views, and
noting the establishment of various Youth
Parliaments at the cantonal or municipal
levels, the committee is still concerned
that the general principle as laid down
in article 12 of the Convention is not fully
applied and duly integrated in practice
into the implementation of the policies
and programmes of the State party.
27.
The Committee recommends that further efforts
be made to ensure the implementation of
the principle of respect for the views of
the child. In this connection, particular
emphasis should be placed on the right of
every child to participate in the family,
at school, within other institutions and
bodies, and in society at large, with special
attention to vulnerable groups. This general
principle should also be reflected in all
policies and programmes relating to children.
Awareness-raising among the public at large
as well as educational and training of professionals
programmes on the implementation of this
principle should be reinforced.
C.3. Civil Rights and Freedoms
The right to know one's identity
28. The Committee notes that, according
to article 27 of the Law on Medically-Assisted
Procreation, a child can be informed on
the identity of his/her father only if he/she
has a "legitimate interest" and is
concerned at the meaning of "legitimate
interest" in that regard.
29.
In light of article 7 of the Convention,
the Committee recommends that the State
party ensure, as far as possible, respect
of a child's right to know his or her parents'
identities.
Torture and ill-treatment
30. The Committee is deeply concerned about
allegations of instances of ill-treatment
by law-enforcement officers against foreign
children and at the prevalence of abuse.
31.
The Committee endorses the recommendations
made by the Committee against torture in
that regard [A/53/44, para. 94] and, in
light of article 37 of the Convention, recommends
that the State party:
a) set up child-sensitive mechanisms in
all Cantons to receive complaints against
law-enforcement officers regarding ill-treatment
during arrest, questioning and police custody;
and
b) systematically train the police force
on the human rights of children.
Corporal
punishment
32.
While noting that corporal punishment is
prohibited in schools, the Committee is
concerned that according to the jurisprudence
of the Federal Tribunal, corporal punishment
is not be considered as physical violence
if it does not exceed the level generally
accepted by society. In addition, the Committee
is concerned that corporal punishment within
the family is not prohibited under law.
33.
The Committee recommends that the State
party explicitly prohibit all practices
of corporal punishment in the family, schools
and in institutions and conduct information
educational campaigns targeting, among others,
parents, children, law enforcement and judicial
officials and teachers, explaining children's
rights in this regard and encouraging the
use of alternative forms of discipline in
a manner consistent with the child's human
dignity and in conformity with the Convention,
especially articles 19 and 28, para. 2.
C.4. Family Environment and Alternative
Care
Child-care services for children of working
parents
34. While welcoming a parliamentary initiative
to increase the number of child-care facilities,
the Committee notes with concern that, according
to information provided by the State party
(State party report, para. 481), the existing
offer of child-care services is far from
meeting the needs of single mothers or those
of families in which both parents have to
work for financial reasons.
35.
In light of article 18 para. 3 of the Convention,
the Committee recommends that the State
party:
a) take measures to establish more child-care
services to meet the needs of working parents;
and
b) ensure that the child-care services provided
promote early childhood development and
meet the needs of working parents, in light
of the principles and provisions of the
Convention.
Adoption
36. The Committee welcomes the entry into
force of article 268(c) of the Civil Code
which will allow adoptive children to know
their biological parents and the ratification
process expected to be completed in 2003
of the Hague Convention of 29 May 1993 on
Protection of Children an Co-operation in
respect of Intercountry Adoption. However,
the Committee remains concerned that children
adopted abroad shall wait two years before
being formally adopted which can lead to
discrimination and statelessness. In addition,
the Committee is concerned that, because
of the inadequate follow-up, cases of ill-treatment
of children by adoptive parents have been
reported.
37. The Committee recommends that the State
party take necessary measures to avoid that
children adopted abroad become statelessness
or are discriminated against because of
the gap between their arrival in the State
party and formal adoption. In addition,
the Committee further suggests that the
State party systematically review the conditions
of these children by an adequate follow-up
with a view to eliminating instances of
ill-treatment and violations of other rights
of these children.
Abuse and neglect/violence
38. While welcoming the numerous initiatives
to tackle violence against children in family,
schools and sports, the Committee remains
concerned at the lack of comprehensive data
and information on child abuse and/or neglect.
39.
In light of article 19, the Committee recommends
that the State party:
a) undertake studies on violence, ill-treatment
and abuse against children, especially vulnerable
groups, including sexual abuse, within the
family and bullying in schools in order
to assess the extent, scope and nature of
these practices;
b) develop awareness-raising campaigns with
the involvement of children in order to
prevent and combat child abuse;
c) evaluate the work of existing structures
and provide training to the professionals
involved in this type of cases; and
d) investigate effectively cases of domestic
violence and ill-treatment and abuse of
children, including sexual abuse, within
the family through a child-sensitive inquiry
and judicial procedure in order to ensure
better protection of child victims, including
the protection of their right to privacy.
C.5. Basic Health and WelfareAdolescent
health
40. While taking into account the advanced
health care system, the very low infant
mortality rate, and the decrease of HIV/AIDS
prevalence, the Committee is concerned about
the high number of suicides among adolescents
and the limited measures to prevent this
phenomenon, and the insufficient access
by adolescents to counseling services, including
outside schools. In addition, the Committee
is concerned by the high and increasing,
prevalence - notably among girls - of the
use of alcohol and tobacco. Moreover, while
noting that the fatality rate is decreasing,
the Committee is still concerned at the
high number of children who die or are wounded
in road traffic accidents. Finally, the
Committee is concerned at the cases of female
genital mutilations performed abroad.
41.
The Committee recommends that the State
party
a) pursue its efforts to decrease the HIV/AIDS
prevalence and take all necessary measures
to prevent suicides among adolescents, including
the collection and analysis of information,
the launching of awareness-raising campaigns,
and the establishment of specific programmes
and counseling services;
b) increase its efforts to promote adolescent
health policies, particularly with respect
to alcohol consumption and tobacco use;
c) pursue its efforts to decrease the number
of children victims of road traffic accidents;
and
d) develop awareness campaigns to target
the relevant population to put an end of
the practice of female genital mutilations
and to conduct a comprehensive study on
this issue.
Children with disabilities
42. While welcoming the fact that the Constitution
prohibits discrimination on the basis of
disability (article 8 of the Constitution),
the Committee remains concerned at the lack
of statistics regarding children with disabilities
and at the lack of uniformity in the integration
of these children in mainstream education
depending from the Canton where they live
in. In addition, the Committee is concerned
at the difference made between children
born with disability and children becoming
disabled as far as home care is concerned.
[para. 391 of the State party report]
43.
The Committee recommends that the State
party:
a) reinforce the collection of data regarding
children with disabilities;
b) undertake an assessment of the existing
disparities in the integration of disabled
children in mainstream education across
the country and take all necessary measures
to eliminate these differences which may
amount to discrimination;
c) review its home care support system in
order to eliminate de facto discrimination
between children born with disability and
children becoming disabled as a result of
disease or an accident.
Health insurance
44. The Committee takes note of the ongoing
reform of the social security system but
remains concerned that costs of social insurance
and health are very high which may affect
low-income families.
45.
The committee endorses the Concluding Observations
of the Committee on Economic, Social, and
Cultural Rights [E/C.12/1/Add.30, para.
36] and recommends that the State Party
review its systems of health insurance system
in order to lower the costs of health services
and reduce negative effects on low-income
families, by introducing e.g. premium reduction.
Standard of living/social welfare
46. While noting the economic wealth and
high standard of living within the State
party, the Committee is concerned that 5,6%
of the population is affected by poverty,
and that, according to information provided
by the State party [El�ments d'une politique
Suisse de l'enfance et de la jeunesse],
young families, single parent families and
families with many children are the most
affected. In addition, the Committee is
concerned that the family allowances or
benefits largely vary according to the Canton
and depends on the recipient's being gainfully
employed.
47. The Committee recommends that the State
party take all appropriate measures to prevent
poverty in light of the principles and provisions
of the Convention, especially its articles
2, 3, 6, 26 and 27 and to review its system
of family allowances and benefits, taking
duly account of the means- testing system,
especially for families without gainful
employment and self-employed families.
C.6. Education
48.
The Committee is concerned at the lack of
information about how the aims of education,
especially human rights education are reflected
in the school curricula in all Cantons of
the State party in light of article 29 of
the Convention and the Committee's General
Comments on the Aims of Education.
49.
The Committee recommends the State party
to provide information in its next report
on how the aims of education have been reflected
into the curricula at the cantonal level.
C.7. Special Protection Measures
Refugee, asylum seeking children and
unaccompanied children
50. While welcoming the entry into force
of the Federal asylum legislation (Federal
Asylum Act and Ordinance 1 on Asylum Procedure)
on 1 October 1999, the Committee remains
concerned that the procedure used for unaccompanied
minors in not always in their best interests
and fully in line with relevant provisions
of the Convention. In addition, in relation
to reservation made to article 10 of the
Convention, the Committee is concerned that
the right to family reunification is too
restricted.
51.
The Committee recommends that the State
party simplify its approach regarding proceeding
for asylum seekers and take all necessary
measures to expedite that asylum proceedings
and to ensure they take into account the
special needs and requirement of refugee
and asylum seeking children, in particular
unaccompanied children, notably concerning
the designation of a legal representative,
their placement in centres, their access
to health care and education. In addition,
the Committee recommends that the State
party review its system for family reunification,
notably for refugees who stay during a long
period in the State party.
Sexual exploitation and sexual abuse
52. While welcoming the amendments to the
Penal Code prohibiting the possession of
hard-core pornography, including child pornography
and the establishment of a new centre against
cyber-crime in 2003, the Committee remains
concerned at the lack of knowledge about
the scope of sexual exploitation of children,
in particular vulnerable groups, in the
State party.
53.
In light of article 34 and other related
articles of the Convention, the Committee
recommends that the State party undertake
studies with a view to assess the scope
of sexual exploitation and trafficking of
children, including prostitution and child
pornography (including on the internet);
and implement appropriate policies and programmes
for prevention and for recovery and social
reintegration of child victims according
to the 1996 Declaration and Agenda for Action
and the 2001 Global Commitment adopted at
World Congresses against Commercial Sexual
Exploitation of Children.
Drug abuse
54. While noting the current policy of the
State party to prevent and fight drug use
by adolescents, the Committee is concerned
at the increasing use and sale of illegal
drugs among adolescents.
55.
The Committee recommends that the State
party to pursue its awareness-raising and
preventive measures, including awareness
raising of the danger of drug in schools.
It further recommends that the State party
allocate more resources to the child welfare
service system for prevention, treatment
therapies and services for recovery and
social reintegration specifically tailored
for children and adolescents.
Administration of juvenile justice
56. The Committee welcomes the ongoing discussion
on the Federal bill on the criminal status
of minors, the Federal bill on criminal
procedures applicable to minors and on the
amendment of the Federal Act concerning
Judicial Organisation, but remains concerned
at the very low age of criminal responsibility
(7 years), and considers that the new proposed
age of criminal responsibility, namely 10
years, is still too low. In addition, the
Committee is concerned at the lack of provisions
regarding legal assistance during pre-trial
detention in some Cantons and at the lack
of separation of children from adults in
pre-trial detention and imprisonment.
57.
The Committee recommends that the State
party take additional steps to reform legislation
and the system of juvenile justice in line
with the Convention, in particular articles
37, 40 and 39, and other United Nations
standards in the field of juvenile justice,
including the United Nations Standard Minimum
Rules for the Administration of Juvenile
Justice (the Beijing Rules), the United
Nations Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines),
the United Nations Rules for the Protection
of Juveniles Deprived of Their Liberty,
and the Vienna Guidelines for Action on
Children in the Criminal Justice System
58. As part of this reform, the Committee
particularly recommends that the State party:
a) raise the minimum age for criminal responsibility
to an age above 10 years and amend accordingly
the Federal bill on the criminal status
of minors;
b) systematise the provision of legal assistance
to all children in pre-trial detention;
c) separate children from adults in pre-trial
detention or detention;
d) introduce systematic training programmes
on relevant international standards for
all professionals involved with the system
of juvenile justice;
e) take into consideration the deliberations
of the Committee during its day of general
discussion on juvenile justice (CRC/C/46,
paras. 203-238).
Children belonging to a minority group
59. The Committee is concerned at the lack
of information on Roma and travellers and
their children in the State party and that
there is no policy for these children.
60.
The Committee recommends that the State
party undertake a study on children belonging
to Roma and travellers minorities to assess
their situation and develop policies and
programmes to prevent social exclusion and
discrimination, and to allow these children
to fully enjoy their rights, including to
have access to education and health care.
C.8. Optional Protocols to the Convention
on the Rights of the Child
61. The Committee encourages the State party
to ratify and implement the Optional Protocols
to the Convention on the Rights of the Child
on the sale of children, child prostitution,
child pornography, and on the involvement
of children in armed conflict.
C.9. Dissemination of Documents from the
Reporting Process
62. Finally, the Committee recommends that,
in light of article 44, paragraph 6, of
the Convention, the initial report and written
replies presented by the State party be
made widely available to the public at large
and that the publication of the report be
considered, along with the relevant summary
records and the concluding observations
adopted thereon by the Committee. In addition,
the Committee recommends that the State
party made also widely available the summary
of the State party report, which they have
produced. Such a document should be widely
distributed in order to generate debate
and awareness of the Convention and its
implementation and monitoring within the
Government and the general public, including
NGOs.
