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Title: Switzerland Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SWITZERLAND
Switzerland is a constitutional democracy with a federal structure and
an independent judiciary. The bicameral Parliament elects the seven
members of the Federal Council, the highest executive body, whose
presidency rotates annually. Because of the nation's linguistic and
religious diversity, the Swiss political system emphasizes local and
national political consensus and grants considerable autonomy to
individual cantons.
The Swiss armed forces are a civilian-controlled militia based on
universal military service for able-bodied males. There is virtually no
standing army apart from training cadres and a few essential
headquarters staff functions. Police duties are primarily a
responsibility of the individual cantons, which have their own distinct
police forces kept under effective control. The National Police
Authority has a coordination role and relies on the cantons for actual
law enforcement.
Switzerland has a highly developed free enterprise industrial and
service economy strongly dependent on international trade. The standard
of living is very high.
The Government fully respects human rights, and there were no major
human rights problems. However, there continue to be instances of
violence against foreigners and lingering concerns over minor violence
against foreigners in police custody. In 1994 an independent government
inquiry cleared police of similar allegations. The implementation of a
new law against asylum seekers who are suspected of committing a crime
has led to charges of unjustified detention or incarceration. However,
the federal court has overturned police and lower court actions deemed
in violation of the new law. Some laws still tend to discriminate
against women. However, amendments to the law on gender equality were
to have come into force in January 1996. The Government is taking
serious steps to address violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
On November 13, Egyptian diplomat Ahmed Alaa Nazmi was shot and killed
in Geneva. No suspects have been identified; a group calling itself the
International Justice Group claimed credit for the killing, in
"retribution" for anti-Islamic actions.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution proscribes such practices, and there were no reports of
violations. In response to claims of minor violence in 1994 against
persons in cantonal police custody, the Federal Government conducted an
inquiry and exonerated the cantonal police forces.
Prison conditions meet minimum international standards, and the
Government permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The legal prohibitions on arbitrary arrest, detention, or exile are
fully respected at all levels of government. A suspect may not be held
longer than 24 hours without a warrant of arrest issued by the
investigative magistrate. A suspect has the right to choose and contact
an attorney as soon as the warrant is issued; the State provides free
counsel for indigents. Investigations are generally prompt even if in
some cases investigative detention may exceed the length of sentence.
Release on personal recognizance or bail is granted unless the
magistrate believes the person is dangerous or will not appear for
trial. Any lengthy detention is subject to review by higher judicial
authorities.
There is no summary exile, nor is exile used as a mean of political
control. Non-Swiss convicted of crimes may receive sentences which
include denial of reentry for a specific period following completion of
a prison sentence.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government respects this provision in practice. The judiciary provides
citizens with a fair and efficient judicial process.
The Constitution provides for public trials in which the defendant's
rights are fully respected, including the right to challenge and to
present witnesses or evidence. All courts of first instance are local
or cantonal courts. Minor cases are tried by a single judge, difficult
cases by a panel of judges, and murder (or other serious cases) by a
public jury. Trials are usually held expeditiously. Citizens have the
right to appeal to a higher instance court, ultimately to the Federal
Court.
There were no reports of political prisoners.
Most cantons since 1991 have suspended the incarceration of
conscientious objectors and have replaced it with public service work.
This change of policy took place in expectation of a new law instituting
a civilian service alternative for conscientious objectors, even though
the law then in effect provided for no exemption. Parliament passed the
new law and it is to come into force in January 1996. The new law
essentially decriminalizes refusal to serve in the military if such
refusal is motivated by reasons of conscientious objection.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Cantonal laws regulate police entry into private premises. These
regulations differ widely from canton to canton, but all prohibit such
practices without a warrant. All government authorities respect these
provisions, and violations are subject to effective legal sanction.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press, and
the Government respects these rights in practice. An independent press,
an effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press, including academic
freedom. The authorities may legally restrict these freedoms for groups
deemed to be a threat to the State, but no groups were restricted during
the year. In addition, an article of the Penal Code criminalizes racist
or anti-Semitic expression, whether in public speech or in printed
material.
Most broadcast media are government-funded but possess editorial
autonomy, and foreign broadcast media are freely available.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights and the Government respects
them in practice.
c. Freedom of Religion
The Constitution provides for complete freedom of religion, and the
Government respects this right in practice. There is no single state
church, but most cantons support one or several churches out of public
funds. A taxpayer may opt out of contributing to church funding in all
cantons, but in 19 cantons private companies may not.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Under the Constitution and the law, citizens are free to travel in or
outside the country, to emigrate, and to repatriate.
Switzerland has traditionally been a haven for refugees, but public
concern over the high number of asylum seekers generated pressure on the
Government to tighten its policy.
The prominent role played by some asylum seekers in narcotics
trafficking led to passage of a new law in February. The new
legislation introduced tougher measures aimed at refugees suspected of
committing crimes or illegally avoiding repatriation. The law contains
the following key elements which apply only to those suspected or
convicted of a felony: preliminary incarceration of an asylum seeker
waiting for a decision concerning his asylum request; detention prior to
repatriation to avoid escape; and restrictions on freedom of movement to
inhibit access to the local narcotics market. In all of these measures,
the new law obliges the police to inform a judge of their action. At
that point, the judge can overturn the police action. If the judge
approves incarceration, the detained asylum seeker's right of appeal is
more circumscribed than that of citizens or foreigners with legal
status. Nevertheless, the Federal Court has overturned decisions by
judges who were deemed to have implemented the new law improperly,
without sufficient regard for the rights of asylum seekers.
The new law does not apply to noncriminal asylum seekers whose asylum
applications continue to receive orderly consideration. The Government
cooperates with the U.N. High Commissioner for Refugees and other
humanitarian organizations in assisting refugees.
Refugees whose applications are rejected are allowed to stay temporarily
if their home country experiences war or insurrection.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully (at all local, cantonal, and federal levels), and
citizens exercise this right in practice through periodic, free, and
fair elections held on the basis of universal suffrage. In addition,
initiative and referendum procedures provide unusually intense popular
involvement in the legislative process.
Participation by women in politics continues to expand. Women were
disenfranchised until 1971 at the federal level, but since then their
participation in politics has expanded unabatedly. Women occupy 41 of
the 246 seats in the Parliament, 1 of 7 seats in the Federal Council
(cabinet), and a record 16 in the cantonal government executive bodies.
The Federal Office for Equality Between the Genders released a brochure
intended to encourage and facilitate women's participation in the
country's political life. In addition, petitioners succeeded in
collecting enough signatures to force a vote on mandated equal gender
representation in all federal institutions. A referendum on this issue
will not take place for several years, given the legal process the
proposal must follow. In September voters rejected a local initiative
to require a fixed percentage of elective seats for women.
Section 4 Governmental Attitude Regarding International And
Nongovernmental Investigation of Alleged Violations of Human Rights
All major international human rights groups are active and operate
without government restriction.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution and laws prohibit discrimination on the basis of race,
sex, religion, language, or social status, and the Government
effectively enforces these prohibitions. To ensure that the disabled
are in no way discriminated against or disadvantaged, a member of
Parliament proposed in October a formal amendment to the Constitution
for this purpose.
Women
While there are no data about violence against women, indications are
that a problem exists and that many cases go unreported. The Federation
of Women's Organizations and other groups have heightened public
awareness on the problem of violence against women. The law prohibits
wife beating and similar offenses, and spousal rape is explicitly
considered a crime in the Penal Code. The Penal Code also criminalizes
sexual exploitation and trafficking in women. The authorities
effectively enforce these laws. Victims of violence can obtain help,
counseling, and legal assistance from specialized offices sponsored by
local and cantonal authorities.
Although the Constitution prohibits all kinds of discrimination, some
laws still tend to discriminate against women. However, the Government
is taking effective action against this, and Parliament has recently
passed significant legislation improving the treatment of women.
Amendments to the law on gender equality were approved by the two houses
of Parliament and were to have come into force in January 1996. Their
goal is to facilitate lawsuits by individual women (or organizations
representing them), to reduce the burden of proof on female plaintiffs
in discrimination cases (or even reverse it in some instances), and to
strengthen the authority of the Federal Office for Equality. In August
the Government transmitted to Parliament for ratification the 1987 U.N.
Convention on the Elimination of All Forms of Discrimination Against
Women.
Significant disparities still exist between the wages received by men
and women. Despite the statutory requirement of equal pay for
equivalent work, some studies (whose veracity cannot be confirmed)
suggest that women's wages lag on average 15 percent behind those of
men.
Children
The Government demonstrates its strong commitment to children's rights
and welfare through a well-funded public education system and medical
care. The federal and cantonal governments, as well as organizations
defending children's rights, in recent years have devoted considerable
attention to possible abuses against children, especially sexual abuse.
For convicted perpetrators of the latter, the law mandates imprisonment
for up to 15 years. In June 1994, the Government approved the 1989 U.N.
Convention on Children Rights and transmitted the draft bill to
Parliament for ratification, albeit with some reservations. In
addition, it decided in July to intensify its actions against child
abuse. The Government plans to subsidize a prevention and information
campaign and the activities of groups defending children's rights.
People with Disabilities
There is no discrimination against disabled persons in employment,
education, or in the provision of other state services. The Government
has not mandated that buildings or transportation facilities be made
accessible. An umbrella organization representing most associations
defending the rights of disabled persons participates actively in the
political scene. This organization is particularly active on issues
concerning transport and mobility of the disabled, and their
professional integration. Disabled men will no longer be required to
pay the tax on men who have not accomplished their military duty.
National/Racial/Ethnic Minorities
Reported attacks against foreigners (including abusive language) were
less frequent in the first half of the year than during the same period
of previous years. Between January and June, 22 alleged racist attacks
were reported compared to more than 90 for all of 1994. Investigations
of these attacks are conducted effectively and lead in most cases to the
arrest of the responsible persons. Persons convicted of racist crimes
are commonly sentenced to at least 1 year's imprisonment.
In accordance with the country's first antiracism law which was approved
in September 1994 (and which criminalizes racist and anti-Semitic
actions or public speech), the Government appointed in August a new
commission against racism. This group of experts will focus on
preventive measures and will serve as a mediator for conflicts between
individuals.
Section 6 Worker Rights
a. The Right of Association
All workers, including foreigners, have the freedom to associate freely,
to join unions of their choice, and to select their own representatives.
The Government does not hamper the exercise of these rights. About one-
third of the work force is unionized.
The right to strike is legally recognized and freely exercised, but a
unique labor peace under an informal agreement between unions and
employers--in existence since the 1930's--has meant fewer than 10
strikes per year since 1975. There were no significant strikes in 1995.
Unions are independent of government and political parties, and laws
prohibit retribution against strikers or their leaders. Unions can
associate freely with international organizations.
b. The Right to Organize and Bargain Collectively
By law, workers have the right to organize and bargain collectively, and
the law protects them from acts of antiunion discrimination. The
Government fully respects these provisions. Periodic negotiations
between employer and worker organizations determine wages and other
labor matters at the national and local levels. Nonunion firms
generally adopt the terms and conditions fixed in the unions' collective
bargaining.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Although there is no specific constitutional or statutory ban on forced
or compulsory labor, it does not occur.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 15 years, and children are
in school up to this age. Children over 13 years may be employed in
light duties for not more than 9 hours a week during the school year and
15 hours otherwise. Employment of youths between ages 15 and 20 is
strictly regulated; they cannot work at night, on Sundays, or under
hazardous or dangerous conditions. The Federal Office for Industry,
Trade, and Labor effectively enforces the law on working conditions.
e. Acceptable Conditions of Work
There is no national minimum wage. The lowest wages fixed in collective
bargaining are always adequate to provide a decent standard of living
for workers and their families.
The Labor Act established a maximum 45-hour workweek for blue- and
white-collar workers in industry, services, and retail trades, and a 50-
hour workweek for all other workers. The law prescribes a rest period
during the workweek. Overtime is limited by law to 120 hours annually.
The Labor Act and the Federal Code of Obligations contain extensive
regulations to protect worker health and safety. There have been no
reports of lapses in the enforcement of these regulations, but the
degree to which enforcement is effective is unclear. The Government is
currently overhauling the 1948 Labor Act, in part to strengthen
provisions for workers' health and safety. A worker may opt out of a
dangerous assignment without penalty.
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