SWITZERLAND PRESENTS INITIAL REPORT TO COMMITTEE ON RIGHTS OF CHILD

CRC
30th session
29 May 2002



Alcohol, Drug Use, Maternity Leave,
Federal-Cantonal Government System Discussed



The Committee on the Rights of the Child reviewed today an initial report of Switzerland, discussing with a large Government delegation efforts to deal with drug and alcohol use among young people, regulations for maternity leave, and methods for implementing the Convention on the Rights of the Child in a country that had notable divisions of power between the federal Government and the governments of numerous cantons.
Introducing the report, Nicolas Michel, Director of the Directorate of International Public Law of the Department of Federal Foreign Affairs of Switzerland, said the situation of children and adolescents in the country was generally considered to be good. Mr. Michel said ratification of the Convention by Switzerland had given impetus to national efforts to protect and promote child rights, and the preparation of the initial report had been an occasion to examine, for the first time and in a global manner, the social and juridical situation of children in the country.
In preliminary concluding remarks, Committee Expert Saisuree Chutikul said the dialogue had been useful both for the delegation and the Committee. She said the concluding observations which the Committee would adopt might recommend the creation of mechanisms to coordinate federal and cantonal activities on child rights without establishing new federal or cantonal offices. Activities carried out by the Government to implement the Convention should be monitored and scrutinized, she said; good practices and experiences should also be shared among the federal and cantonal systems.
Switzerland, as one of 191 States parties to the Convention, must submit periodic reports to the 10-member Committee, which monitors implementation of the treaty.
The Committee is expected to release its formal conclusions and recommendations on the report of Switzerland towards the end of its three-week session on 7 June.
Along with Mr. Michel, the 19-member Swiss delegation included Jean-Daniel Vigny, Minister of the Permanent Mission of Switzerland to International Organizations; Arthur Mattli, Head of the Human Rights and Humanitarian Law Section of the Department of Foreign Affairs; Philippe Tinguely, Interim Head of Section of the Division for Asylum Procedures in the Federal Office for Foreigners; Martin Wyss, Deputy Head of Division II for Legislation in the Federal Office of Justice; Claudina Mascetta, Deputy Head of Section for International Organizations of the Federal Office of Social Insurance; Jean-Marie Bouverat, Scientific Collaborator in the Federal Department of the Interior; Michael Braun, Scientific Collaborator in the International Affairs Section of the Federal Office for Foreigners; Barbara Fontuna, Scientific Collaborator in the Political Division of the Federal Department for Foreign Affairs; Regula Gerber, Scientific Collaborator in the Centre for Family Issues of the Federal Department of the Interior; and Eva Haberli, Scientific Collaborator in the Human Rights and Humanitarian Law Section; Nathalie Kocherhans, Scientific Collaborator in the Directorate of Labour of the State Secretariat for Economy.
Also, Martine Brunschwig-Graf, State Counsellor of the Canton of Geneva, Head of the Department of Pubic Education, and Vice-President of the Swiss Conference of Cantonal Heads of Public Education; Walter Schnyder, Director of Cantonal Services for Youth, Valley Canton; Martin Stettler, Professor in the Civil Law Department of the University of Geneva; Bernhard Wicht, Head of International Affairs at the Secretariat General of the Swiss Conference of Cantonal Heads of Public Education; and Daniel Burnat, Official Tutor of the Coordination of Tutoral Mandates of the Geneva Canton.
In addition, the delegation included Regula Keller, Member of Federal Commission for Youth and Head of Consultative and Preventive Service for Youth "SAMOWAR"; and Paul Sutterlin, Deputy Head of the Integration Section of the Federal Office for Foreigners.
The Committee will reconvene at 10 a.m. Thursday, 30 May, in private session to discuss draft conclusions on country reports already considered during the current session. The next public meeting will be held at 10 a.m. Friday, 31 May, to review an initial report of United Arab Emirates.

Initial report of Switzerland
The report (CRC/C/78/Add.3) describes legislative, administrative, judicial and other measures in force in Switzerland relating to the rights of guaranteed by the Convention. The report was adopted by the Swiss Government on 1 November 2000 and will be published in German, French and Italian.
The Swiss legal system ensures broad protection for children and young people, the report states; however, when Switzerland acceded to the Convention, certain areas where federal and cantonal law were not compatible were identified. This led to the formulation of reservations with regard to five provisions -- articles 5, 7, 10(1), 37(c) and 40 of the Convention. On various occasions, the Swiss Government has expressed its desire to create conditions conducive to withdrawal of the reservations.
According to the report, the infant mortality rate is very low and has been characterized by a sharp decrease since the beginning of the twentieth century. The mortality rate for children between the ages of 1 and 14 is appreciably lower than during the first year of life and is among the lowest in Europe. Trauma constitutes the most frequent cause of death, whether due to domestic accidents or road accidents. Congenital anomalies and malignant tumours are the other chief causes of infant mortality.
The report says that according to a survey of schoolchildren aged 15 and 16 conducted in 1994, 20 per cent of girls and 26 per cent of boys had taken cannabis at least once. Seven per cent of girls and 10 per cent of boys had taken amphetamines at least once. Eight per cent of children aged 11 to 16 drank beer at least once a week, 2 per cent drank wine at least once a week, 3 per cent drank spirits and 4 per cent drank aperitifs. Roughly 3 per cent drank alcohol every day, and 4 per cent of this age group were regularly drunk. Alcohol consumption has grown mainly among girls, whereas among boys it has remained at practically the same level or even declined slightly, according to the report. The number of girls consuming alcohol every week has more than doubled in the past 12 years. With regard to tobacco, 33 per cent of the population is addicted to smoking, according to the report, and the number of young people who smoke has increased. There is no legislation defining the minimum age for access to tobacco products.
The report says among other things that while the situation of children in Switzerland is generally very good, implementation of the Convention in some sectors, such as the provision of day care and the prevention of problems relating to drugs, sexual violence and suicide, needs to be improved. Progress in these areas will thus give practical expression to the continued commitment by Switzerland to respect and ensure the rights enshrined in the Convention.

Introduction of Report
NICOLAS MICHEL, Director of the Directorate of International Public Law of the Department of Federal Foreign Affairs of Switzerland, said the situation of children and adolescents in the country was generally considered to be good. For a long time the best interests of the child had been a major concern of society and of the Swiss judicial system. Ratification of the Convention had given impetus to efforts already under way to protect and promote child rights.
Preparation of the initial report had been an occasion to examine, for the first time and in a global manner, the social and juridical situation of children and adolescents in the country, Mr. Michel said. Collaboration between the Confederation and cantons, and between the Confederation and the conference of inter-governmental cantonal authorities, had been intensified, and contacts with non-governmental organizations had been strengthened. Generally, the status of children had attracted growing interest within the administration and the courts as a result of efforts to implement the Convention.
A series of legislative reforms had been undertaken, Mr. Michel said. Switzerland would soon ratify the two Optional Protocols to the Convention on the involvement of children in armed conflicts and the sale of children, child prostitution and child pornography; and it intended to ratify the 1993 The Hague Convention on the Protection of Children and Cooperation Relating to Inter-country Adoption.
The cantons also had taken important measures. Mr. Michel said, with some of them enacting specific laws related to children and adolescents and others creating Governmental sections, commissions or specialized institutions for children.

Experts' Questions and Comments on General Measures of Implementation and Definition of the Child
An Expert welcomed the revision of the country's Constitution and the adoption of other legal instruments aimed at the promotion of child rights. She asked about coordination between federal and cantonal authorities in the implementation of the provisions of the Convention. Pertaining to education, for example, different curricula and class systems were used by each canton, making transfers between them difficult. The general practices and procedures of the 26 cantons were so different that the arrangement gave the impression that there were "26 countries". The system could suggest that there was different treatment of children in different cantons.
With regard to education, the Expert said there were not many day-care facilities available for working parents. She also noted that the State still maintained its reservation concerning article 40 of the Convention on child law offenders. What measures were taken to care for unaccompanied children? she asked.
Another Expert said the minimum age for employment was 15 years; however, the rate of class repetition was 2 per cent while some children started schooling at the age of 7. Was it possible for children to complete basic, compulsory education by age 15, before starting employment? And did the State intend to ratify the 1960 Convention against Discrimination in Education?
The budgetary allocation for education was going down, and what was the reason for the decline? an Expert asked. Why was it that the Constitution did not mention compulsory education?
What procedure was used for children wishing to lodge complaints? asked another Expert. Was there a system of Ombudsman in the country? Was the Convention translated into languages other than French, German and Italian?
An Expert asked about the financing of the Swiss budget and requested information on whether budgetary allocations for education and health had been declining or increasing. What was the policy of the Swiss tax system on the cantonal and federal levels? Was there any intention to equalize the tax system for all cantons?
Many Experts requested the State to consider withdrawing its reservations to various articles of the Convention.
The country's Child Parliament took as members children from 13 to 25 years of age, but the Convention did not cover children up to 25 years, an Expert said. With regard to foreign children, the Expert expressed concern, saying they were placed in special classes which were crowded. A good quality of education was not guaranteed in such classes. The Canton of Geneva had the highest budget for education, but the quality of education in many schools was not as expected, the Expert said.
An Expert said there had been ongoing transformations of the social security system which might affect vulnerable groups, especially with respect to access to medical care. She suggested that human rights instruction in the schools should be strengthened.

Responses of Switzerland
MARTINE BRUNSCHWIG-GRAF, State Counsellor of the Geneva Canton, Head of the Department of Pubic Education, and Vice-President of the Swiss Conference of Cantonal Heads of Public Education, said the education system was based on democratic values and the historical background of the country and its cantons. Citizens at the grass-roots level had to be well-informed about the system because of the democratic control they exercised over the authorities.
In 1973, Ms. Brunschwig-Graf said, a proposed Constitutional article on mandatory education had been rejected; however, that did not mean that the 9-year mandatory schooling, which was controlled and directed by the cantons, was affected. At the federal level, article 19 of the Constitution provided for basic education free of charge. In addition, article 41 stipulated that the cantons should ensure continued training in education. There was no divergence among the cantons on the standard of mandatory schooling for 9 years starting at the age of 6. No canton would abandon children who had not completed mandatory schooling.
Ms. Brunschwig-Graf said that there was administrative desire and efforts were being made to put disabled children in schools; measures had been taken to integrate such children into the school system and into society; and special assistance was provided to those who had learning handicaps. There might be special classes for disabled children but the rule was that each individual received adequate education.
Other members of the Swiss delegation said among other things that without the federal system, Switzerland might not exist. The system had helped to diffuse tensions and to avert confrontation. Among the different members of the Confederation, diversity was accepted. Since the federation was born of the cantons, the uniqueness of each canton was respected.
The decision to join the United Nations had been made by the country's citizens and the majority of the cantons, the delegation said. It was hoped that Switzerland would be a full member of the UN by the next General Assembly.
The delegation said the working group created in Switzerland following the Yokohama Conference had been studying the possibility of creating a federal mediator for matters related to children. At the level of cantons, there were delegates for youth who served as mediators.
The delegation said that when the country adopted the Convention, laws had to be reviewed or new ones enacted to implement some of the treaty's provisions. Reservations and declarations to the Convention had been made until such proposals for carrying out those provisions were reviewed. Preparations had now been carried out that should soon allow Switzerland to withdraw its reservations to the Convention.
Concerning the reservation on article 10 of the Convention on family reunion, the delegation said Swiss citizens and holders of "C" permits were entitled to bring their close family members into the country. The ongoing revision of the "foreign nationals" act would foreseeably over time allow all holders of residence permits to bring their families into the country.
Switzerland had not made a genuine reservation with regard to article 5 of the Convention but rather had submitted an interpretative declaration, the delegation said. When Parliament formulated its declaration concerning article 5, its aim was to point out that, by contrast with Swiss legislation, the Convention only defined the relationship between a child and its parents vaguely. The withdrawal of the declaration was not a high priority. With regard to article 40 of the Convention on free interpretative services, as soon as a new law concerning the Federal Court of Criminal Justice came into effect, the withdrawal of that reservation would be considered.
There were disparities in family allowances among the cantons, the delegation said. The federal Parliament had been seized of the issue and there was a debate on how to minimize disparities in child allocations among the various cantons. Only some cantons provided child allocations while others did not have structures for providing such benefits.
The Swiss cantons should not be considered "provinces" or "sub-regional administrations", the delegation said. They were states with elected Parliaments and executives. For those reasons, they could follow their own accepted systems for running public affairs. However, since their constitutions were approved by the Confederation and since they could not enact laws contradicting existing federal legislation, the measures they took would fall within the standards of those provisions.
Since the mid-1990s, the Government had been studying the advantages and disadvantages provided by the social security system and had concluded that it should continue as it was, the delegation said. The financial security of the social security system had been assured, and it was functioning well. Measures had been taken to harmonize the various forms of social insurance; review initiatives had also been introduced to improve the insurance system; and the social assistance system had been strengthened to satisfy the needs of those individuals not covered by social insurance schemes.
There was no law in Switzerland dealing with maternity leave, the delegation said; however, any mother should start work 8 weeks after the birth of her child, except when special arrangements were made with the employer. According to Swiss labour law, an employee had three weeks paid leave for the first year of service. Payment of salary for the eight weeks of maternity leave could not be ensured.

Questions and Comments by Experts on General Measures; Civil Rights and Freedoms; Family Environment; Basic Health; Education; and Special Measures
Committee Experts raised questions on a number of issues.
They asked about measures taken to prevent road accidents, tobacco smoking, alcoholic consumption and drug addiction. Other areas of concern cited by the Committee included a high rate of suicide; the situation of international adoption; and justice for and assistance to minors. Why was the number of children born out of wedlock higher among African women in Switzerland? one Expert asked. Had the Government carried out a study on the issue? Were there disparities among cantons in the practice of corporal punishment? There were allegations that female genital mutilation had been practiced on Swiss citizens of Muslim origin when they were outside the country; was the Government aware of that? What measures had been taken to prohibit such practices?

Responses by Switzerland
Referring to police ill-treatment of minors, the delegation said there had been in Geneva cases in which ill-treatment by police had been reported against minors over the last two years. Because of a shortage of personnel, police had difficulties in controlling all aspects of law infringement by minors. Excessive use of force had been employed in apprehending violent minors involved in drug trafficking. The minors had been admitted to hospital and had been under medical observation for several days. Since then measures had been taken and the situation had now improved. Minors of foreign origin and asylum-seekers were in the forefront of drug trafficking in the canton.
Parental authority over a child had been given to the mother in the event she was not married to the father of the child, the delegation said. However, since January 2000, such authority had also been extended to the father if he was living with the mother.
The number of international adoptions had declined over the last 15 years, the delegation said. Adoption had been taking place in the form of accepting spouses' children after an act of marriage was accomplished. After five years of stay in the country, children could obtain Swiss nationality. If an adoption did not work, there would be a possibility of returning the child to the natural parents or allowing such a child to stay in the country.-
Incidents of traffic accidents had been declining and statistics showed that such incidents were at a minimum, the delegation said. With regard to corporal punishment, the delegation said such punishment had been prohibited in all cantons. The only disciplinary measures employed in schools were oral warnings, provisions of additional homework, meetings at the principal's office, and in extreme cases expulsion of children from school.

Preliminary Concluding Remarks by Expert
SAISUREE CHUTIKUL, Committee Expert, said the dialogue had been useful both for the delegation and the Committee. She assured the delegation that the Committee's concluding observations would not contain suggestions for doing away with the federal-cantonal system . However, mechanisms to coordinate child-support activities within the existing system might be suggested. Activities for implementing the Convention should be monitored and scrutinized; good practices and experiences should also be shared among the federal and cantonal systems; the Government could use the general principles of the Convention to review and formulate laws on child rights; and data should be collected at all levels. Ms. Chutikul said the Committee's concluding observations on the initial report of Switzerland would be short; and the observations should be disseminated widely.

Concluding Remarks by Delegation
NICOLAS MICHEL (Switzerland) said preparation of the report had involved at least 300 people and the dialogue with the Committee would serve as catalyst for the future efforts of the Swiss authorities on behalf of children. There had been mention of problems which the Committee attributed to the federal and cantonal structures of the State party; however, the federal system should not only be looked at as a source of problems but as a way of offering advantages that provided children with peace and happiness. The role of the Swiss Federal Tribunal should also be stressed when it came to harmonizing the situation between the federal and cantonal systems.



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