Committee on the Elimination of Discrimination against Women

Sixty-fifth session

Summary record of the 1446th meeting

Held at the Palais des Nations, Geneva, on Wednesday, 2 November 2016, at 3 p.m.

Chair:Ms. Hayashi

Contents

Consideration of reports submitted by States parties under article 18 of the Convention (continued)

Combined fourth and fifth periodic reports of Switzerland (continued)

The meeting was called to order at 3 p.m.

Consideration of reports submitted by States parties under article 18 of the Convention (continued)

Combined fourth and fifth periodic reports of Switzerland (continued) (CEDAW/C/CHE/4-5; CEDAW/C/CHE/Q/4-5 and Add.1)

At the invitation of the Chair, the delegation of Switzerland took places at the Committee table.

Articles 10 to 14 (continued)

Ms. Durrer (Switzerland), responding to Ms. Hofmeister’s questions, said that Switzerland had a very effective education system, which resulted in low youth unemployment rates for both men and women. Certain gender stereotypes remained obstacles to achieving full equality, however, in particular when it came to apprenticeships: young people were faced with choosing a career path at a time in their lives when they were very susceptible to stereotypes and, therefore, more likely to perpetuate than challenge them.

Ms. Ruf (Switzerland) said that the most recent school curriculum for the German-speaking areas of Switzerland included subjects to promote gender equality and encourage students to question gender stereotypes, including with regard to career choices. Various relevant teaching aids were available for teachers, including a State-sponsored web portal run by the foundation éducation21. While the cantonal governments retained responsibility for designing their own teaching materials, inter-cantonal recommendations had been regularly issued since the 1990s to ensure that such materials did not include gender stereotypes. No recent studies were available to measure whether the teaching materials had been effective in eliminating stereotypes, however. Moreover, a recent survey had shown that the current educational materials did not adequately address gender and gender equality.

Ms. Gachoud (Switzerland) said that measures and laws had been introduced to reduce the high level of gender segregation in vocational education. Although stereotypes persisted, the Government had made efforts to use gender-neutral language when promoting vocational training opportunities. Internships were also available to give girls an insight into occupations that were traditionally male dominated. Various projects were under way to identify the reasons for the persistence of gender stereotypes with regard to career choices and to promote greater female participation in the fields of mathematics, information technology, natural sciences and technology. Equal opportunity programmes for men and women had also been introduced at universities, which had helped to increase female participation significantly. Under the federal system, however, the Government could only make recommendations, as the application of measures fell under cantonal jurisdiction.

Ms. Ruf (Switzerland) said that National Future Day was currently celebrated annually in 19 cantons with the aim of encouraging boys and girls to explore unfamiliar fields of study and improving their career horizons and prospects. More than 50 per cent of girls who had participated in the events said that they would consider new career choices as a result.

Ms. Acosta Vargas asked what provisions were contained in the bill to introduce regular compulsory salary equality assessments for companies with more than 50 employees. She enquired whether Swiss law provided for penalties for companies that failed to meet the requirements regarding equal pay and whether the public could access information on the salaries paid by companies. She also asked what rulings were usually handed down in cases of wage discrimination and why article 11 of the Convention could not be applied directly by the courts. Furthermore, given that women were more likely to hold a low-paid job than men, she asked what was being done to combat that discrepancy.

She asked what forms of workplace discrimination were faced by mothers and pregnant women who had filed complaints and why the bill to introduce paternity leave had been rejected by the parliament in April 2016. What was being done to raise awareness among fathers of their right to reduce their working hours after the birth or adoption of a child?

She would appreciate information on any measures being taken to improve conditions for women who worked part time. She also asked what measures had been taken to ensure that women were not impoverished following a divorce. She understood that draft legislation to protect such women was before the parliament and wished to know whether it was likely to pass.

Ms. Chalal asked what measures had been taken to combat the inequalities between Swiss women and migrant women regarding access to health care and to meet the needs of women with disabilities. She also asked whether studies had been carried out into the reasons why migrant women were more likely to encounter difficulties during pregnancy and what was being done to combat that trend.

She asked what obstacles were faced when collecting data on the prevalence of HIV/AIDS among women and whether stakeholders in the areas of sexual health, migration and prostitution had been involved in the Government’s efforts to fight the disease. She asked what was being done to provide affordable, decent health care for vulnerable migrant women and to strengthen the awareness-raising programmes on maternal and reproductive health that were targeted at groups with a high prevalence of HIV/AIDS and at sex workers. Furthermore, she enquired whether victims of female genital mutilation were given free health care.

Lastly, she asked whether the Government intended to adopt a law to introduce a quick, simple process to allow intersex children to assume the sexual identity of their choice at adulthood and whether health-care professionals received training on sexual orientation and gender identity.

Ms. Durrer (Switzerland) said that only companies that had signed a written declaration to confirm that they had achieved equal pay for equal work were able to submit public tenders. Not all companies could be checked, however. Moreover, companies other than those with public contracts were strongly encouraged to promote equal pay, but they were not currently subject to any obligations in that regard. The Government had therefore decided to develop a bill that would require employers with more than 50 employees to perform a salary assessment — to be verified by an external auditor — at least once every four years.

Ms. Ramseyer (Switzerland) said that consultations on the possibility of introducing compulsory salary assessments for companies had been held with the cantonal governments and political parties and associations. The Government was currently drawing up the aforementioned bill based on the feedback received. Under the bill, employers would be obligated to report to their employees concerning the results of those assessments. Furthermore, the bill would place emphasis on the individual responsibility of employers to meet their obligations regarding equal pay.

Ms. Durrer (Switzerland) said that, by placing the responsibility for ensuring wage equality on individual employers, employees could more easily take action against their employers in cases of discrimination. Employers also had a responsibility to introduce measures to combat sexual harassment and to handle any cases that arose. Since 1996, some 900 cases of discrimination had been brought before the courts: of those, around 200 were for sexual harassment and around 300 for pay gaps. The plaintiffs won in around half of the cases brought.

Ms. Durrer (Switzerland) said that the Federal Gender Equality Act provided for a range of penalties that could be imposed in cases of workplace discrimination; for example, a contractual or financial penalty could be applied to companies in the public sector. No sanctions were yet envisaged under the bill on compulsory salary assessments for companies, however.

The unfair dismissal of new mothers and pregnant women continued to pose a problem in Switzerland. Employers found guilty of that offence could be fined the equivalent of up to six months’ salary. The Government was also working to challenge stereotypes and improve arbitration procedures in order to combat the problem.

Ms. Ruffieux (Switzerland) said that men did not have the right, at federal level, to paternity leave. Although the parliament had rejected a bill to introduce such leave, a popular initiative to that effect had been launched and seemed likely to be approved.

Ms. Durrer (Switzerland) said that regular analyses were carried out on the impact of part-time work on the size of pensions. In addition, a project had been launched to encourage employers to change their perceptions about part-time work with a view to helping more men who wished to do so to switch to part-time work.

Ms. Baer (Switzerland) said that, pursuant to a Federal Council decision of May 2013, parents had the right to reduce their working hours by 20 per cent following the birth or adoption of a child. In 2015, women accounted for 59 per cent of those who had taken advantage of the measure. The Federal Department of Defence, Civil Protection and Sport, which was authorized to place restrictions on that right for service-related reasons, had not refused any applications from its employees in that connection since the entry into force of the measure in July 2013.

Ms. Ramseyer (Switzerland) said that, on 20 March 2015, the Federal Assembly had adopted an amendment to the Child Maintenance Act that would enter into force on 1 January 2017. In the context of that amendment, the Federal Council had considered introducing deficit sharing between spouses and setting a minimal contribution to child maintenance. After careful consideration, the Federal Council had, however, found that support for vulnerable families could be provided more effectively through enhanced coordination of assistance provided under family law and assistance provided under social legislation. However, federal legislators were not competent to ensure such coordination, since social assistance legislation fell under the jurisdiction of the cantons. Although a parliamentary initiative aimed at establishing a constitutional basis allowing federal legislators to enact provisions concerning deficit sharing had been approved by the National Council, it had been rejected by the Council of States on 2 December 2014. In the absence of an agreement between the two chambers, it had not been possible to move forward with the initiative. Nonetheless, supplementary benefits for vulnerable families, in particular single-parent families, had been made available by four cantons, in accordance with recommendations made by the Conference of Cantonal Ministers of Social Affairs in 2010 and 2011.

Mr. Knubel (Switzerland) said that studies showed that some migrant groups had more health problems than the indigenous population; migrant women, for example, had a higher incidence of maternal mortality and miscarriage than Swiss women. In order to address those and other areas of concern, including female genital mutilation, the Federal Office of Public Health had taken a number of specific measures aimed at promoting fair access to health services, improving the health culture of the migrant population and providing initial and continuing training for health professionals in managing diversity. All migrants, regardless of their legal status, who had resided in Switzerland for more than three months were automatically covered by basic health insurance, as were all asylum seekers.

Ms. Durrer (Switzerland) said that the Confederation had taken a number of steps to improve access to health care for women with disabilities that took account of their specific needs. For instance, the Federal Act on the Elimination of Inequalities Affecting Persons with Disabilities, which expressly required that new and newly renovated buildings should be accessible for persons with disabilities, had improved the accessibility of health facilities. Efforts had also been made to ensure greater access to information and advice, in particular in the areas of sexual and reproductive health, and giving priority to measures that sought to strengthen the self-determination and autonomy of adults with incapacity over other measures of protection. In that connection, provisions had been enacted on advance directives for incapacity, which allowed people to take steps in the event of their future incapacity.

Ms. Branger (Switzerland) said that, although no specific data were available on the prevalence of HIV/AIDS, statistical information was available on HIV/AIDS-related deaths from 1990 onwards.

Ms. Durrer (Switzerland) said that a number of collaborative action plans had been implemented, including in the area of sex work under the National Programme for HIV and Other Sexually Transmitted Infections for the period 2011-2017.

Ms. Gachoud (Switzerland) said that administrative measures were currently being considered to ensure that asylum seekers, including victims of female genital mutilation, had access to health care during the first two or three months of their stay in Switzerland, pending their transfer to cantonal centres.

Ms. Ramseyer (Switzerland), replying to a question concerning intersex and transgender persons, said that, although it was currently necessary to go to court in order to change the gender marker on civil status records, the Federal Council had announced its intention to draft a law that would introduce a simplified procedure.

Ms. Hofmeister said that reports indicated that part-time employees were discriminated against when disability insurance was being assessed. She would therefore like to know what obstacles were preventing the authorities from taking legal measures to put an end to that form of discrimination. Referring to legislation that would require companies with at least 50 employees to monitor wages with a view to ensuring gender equality, she asked what proportion of the total number of businesses in Switzerland such companies represented. Noting that intersex persons who had undergone genital mutilation experienced difficulties in gaining access to justice, she enquired whether any legislative proposals were planned with a view to removing time limitations on bringing claims in that connection.

Ms. Ruffieux (Switzerland) said that the authorities were working actively to amend regulations on disability insurance with a view to removing provisions that discriminated against part-time workers.

Ms. Durrer (Switzerland) said that there were some 8,000 businesses with 50 or more employees in Switzerland; it was hoped that the legislation in question would encourage companies with fewer than 50 employees to take voluntary steps to monitor employees’ salaries. Information on the period of limitation for bringing claims relating to intersex genital mutilation would be provided in writing.

Ms. Pomeranzi said that, although Switzerland was to be commended on reducing the number of people living below the poverty line, it was a matter of concern that inequality was increasing and that women were more likely to be poor than men, with single mothers most at risk. It would be interesting to know therefore whether social protection policies and measures at the federal and cantonal levels incorporated a specific gender equality approach. With regard to the promotion of gender equality at the international level, she noted that some of the State party’s policies, in particular its financial secrecy policies and rules on taxation, were inconsistent with international standards and that they affected the ability of Switzerland and other states to meet their obligations to mobilize sufficient resources for equitable and sustainable development. She would therefore like to know whether the Government had any plans to harmonize national and international policies and take legislative measures to ensure that its tax policies respected international norms, in particular in the fields of public accounting and corporate reporting.

Ms. Gabr said that, although the number of women working in the agricultural sector had increased over the last 10 years, only a few such women were able to demonstrate their financial commitment through, for example, a land register entry, a situation that had unfortunate consequences for the women concerned in the event of divorce. She would therefore appreciate information on the measures envisaged to remedy that situation, in particular in the light of a report by the Federal Council which recommended a number of legislative amendments in that connection, and on steps taken to act upon general recommendation No. 34 on the rights of rural women. Referring to reports indicating that only men held posts of responsibility within agricultural associations, she asked what was being done to enhance women’s participation in decision-making processes in such bodies.

She would appreciate it if the delegation could comment on reports suggesting that the State party intended to ratify the Istanbul Convention with a reservation to article 59, which would have an adverse impact on the situation of migrant women who were reluctant to leave an abusive relationship for fear of expulsion. Referring to general recommendation No. 27 on older women and their rights, she asked what measures had been taken or were envisaged to address the situation of women with disabilities.

Ms. Ruffieux (Switzerland) said that the effectiveness of the social security system, which was the principal means of combating poverty in Switzerland, was constantly monitored to ensure the best possible coverage of social risks. Furthermore, in 2013, a national programme had been launched to prevent and combat poverty, including through greater coordination in the implementation of measures in that area.

Ms. Joubli (Switzerland) said that, on 12 October 2016, the Government had published a report on illicit financial flows from developing countries, which provided an overview of measures to counter the cross-border movement of capital in connection with illegal and unfair activities, including money-laundering, corruption, tax evasion and tax avoidance. Such illicit flows constituted an obstacle for sustainable development in the countries concerned and could be curbed only by means of an internationally coordinated approach. Switzerland supported the international measures that had been taken, such as the issuance of standards and recommendations, and had itself taken or initiated extensive measures to guarantee the integrity of its financial centres. The Federal Council was aware of the challenges facing the international community and was committed to contributing actively to the search for solutions at the international level, including through implementation of recommendations made by the Financial Action Task Force.

Ms. Gachoud (Switzerland) said that, in December 2015, the Federal Council had set out the measures to be taken to implement the 2030 Agenda for Sustainable Development. A working group composed of representatives of various government departments had been tasked with coordinating efforts to implement the 2030 Agenda and with mainstreaming gender issues and women’s rights in that process. The Federal Council would present a report outlining the progress made and the challenges encountered in implementing the 2030 Agenda in January 2018. The Sustainable Development Strategy for the period 2016-2019 and the Message on International Cooperation for the period 2017-2020 were an integral part of the framework for implementing the 2030 Agenda and contained targets and measures related to gender equality and women’s rights. The state of implementation of those strategies would be reviewed in 2018. A basic assessment of the country’s approach to mainstreaming gender equality and realizing women’s rights had recently been conducted to identify gaps and shortcomings. Furthermore, a consultation with non-governmental stakeholders on issues related to gender equality and women’s rights was scheduled to take place during the first semester of 2017. The outcome of the consultation was expected to inform the report to be presented by the Federal Council in 2018.

Ms. Durrer (Switzerland) said that the Federal Council had found that the economic, legal and social security of rural women was not affected by the shortcomings identified in rural property law and that only a small number of amendments and an explanation of some legal principles were necessary. The Council was in the process of clarifying certain aspects of rural property law, such as the determination of ownership of agricultural holdings in the event of divorce and the difference between the current and market value of such holdings, and would disseminate updated information in due course. Since not all rural women’s associations were in favour of the introduction of quotas to increase their representation in agricultural organizations, the Federal Office for Gender Equality considered it more expedient to support the measures that they themselves had adopted to achieve that end.

Ms. Neubauer Khurshid (Switzerland) said that article 59 of the Istanbul Convention, which required States to ensure that victims of domestic violence whose residence status depended on that of their spouse or partner were granted an autonomous residence permit in the event of the dissolution of the marriage or the relationship, irrespective of its duration, was at variance with Swiss law, which provided that the right to a residence permit was determined by the residence status of the individual concerned. It was for that reason that Switzerland had entered a reservation to that article. Therefore, the spouse or partner of a person who held an annual or short-term residence permit or who had been admitted on a provisional basis who suffered domestic violence was not entitled to an autonomous residence permit in the event of the dissolution of the marriage or relationship. However, spouses or partners in that situation could still apply for and obtain a residence permit under another procedure. Article 50 of the Foreign Nationals Act stipulated that the foreign spouse of either a Swiss citizen or a foreign national in possession of a permanent residence permit could be granted a residence permit in her own right and have its duration extended in the event of the dissolution of the marriage or of the family household if certain criteria were met. Those criteria included her successful integration into Swiss society and the existence of important personal reasons making her extended residency in Switzerland necessary. Those important personal reasons included the fact of having suffered domestic violence.

The cantonal migration authorities were required to take into account the jurisprudence on domestic violence developed by the federal courts when determining the eligibility of a spouse who was a victim of domestic violence to remain in Switzerland under article 50 of the Foreign Nationals Act. According to the jurisprudence in question, a foreign spouse or partner was entitled to remain in Switzerland when her husband or partner had systematically subjected her to physical or psychological violence to assert his superiority and exercise control over her with the result that her physical or psychological integrity had been severely compromised. In 2017, the Federal Council would publish a report on the application of the different legal provisions under which migrant women could be granted the right to remain in Switzerland in cases of domestic violence.

Mr. Montani (Switzerland) said that the Federal Office of Public Health had observed that migrant women and their children tended to suffer from more health problems than Swiss women and children. That disparity could be explained by the high fertility rate of migrant women, their low level of education and the fact that they often lived and worked in substandard conditions. In addition, linguistic barriers and a lack of understanding of the Swiss health-care system often prevented migrant women from accessing treatment before and after the birth of their children. In an effort to improve the state of health of migrant women and their children, the Tripartite Conference on Urban Areas, which was a political platform of the Confederation, the cantons and the municipalities, had launched a dialogue on integration on the theme “A healthy life from birth onwards”. Measures had already been taken to ensure that pregnant migrant women were better informed about preventive treatment and the need to undergo regular check-ups.

Ms. Durrer (Switzerland) said that, in 2013, 69 per cent of women and 78 per cent of men with disabilities had been actively employed. The services provided for under the disability insurance scheme were available to both men and women and were aimed at preventing, reducing and eliminating disability through appropriate rehabilitation measures. A number of programmes to facilitate the social integration of persons with disabilities had been developed in partnership with disabled persons’ organizations, such as a mentoring programme in Basel intended to provide persons with disabilities with tailored support in the workplace.

Articles 15 and 16

Ms. Halperin-Kaddari said that the delegation should explain how joint parental authority, which had become the norm in Switzerland, differed from joint physical custody of a child. The delegation had indicated that, in cases where joint parental authority existed, the courts would also be required to consider joint physical custody upon request by one of the parents or the child. However, that concession could result in joint physical custody being awarded to an abusive father if his history of violence was unknown. While she was pleased to learn that the occurrence of domestic violence was taken into account in determining child custody arrangements and could justify the withdrawal of parental authority, she remained concerned that certain child custody arrangements could lead to a reduction in the amount of child support payable to the child’s mother by his or her father. Experience in other countries had shown that fathers could resort to strategic litigation to obtain joint physical custody of their child as a means of paying less child support. She asked what safeguards were in place to protect divorced mothers against the negative consequences of strategic litigation on the part of their ex-husbands.

It was her understanding that, under Swiss law, the amount of support that a child was eligible to receive could not be determined if his or her father was not financially stable or could not meet his basic needs, which effectively relieved the father of his financial obligations towards his child. She asked whether there were any plans to amend the Civil Code or the Federal Act on Debt Enforcement and Bankruptcy to correct those discriminatory practices. She also wished to know when the pension reform package would enter into force and whether it would resolve the issues arising from pension splitting in the event of divorce, whether the State party encouraged recourse to divorce mediation and when the tax reform that would put an end to the discrimination affecting married couples with two incomes would be introduced.

Ms. Ramseyer (Switzerland) said that, according to the Civil Code, domestic violence called into question the parents’ capacity to exercise parental authority in a manner that was compatible with the well-being of the child, which explained the decision to explicitly evoke violence as a reason enabling the judge and the child protection authority to withdraw parental authority from the offending parent. Conjugal violence was also one of the reasons that could lead the authority to restrict, refuse or withdraw the right to maintain personal relations with the child.

Ms. Durrer (Switzerland) said that couples who were in the process of separation or divorce could resort to mediation if they so desired although it was not a requirement. On 31 August 2016, the Federal Council had taken a decision in principle to introduce an alternative tax calculation to put an end to the discrimination affecting married couples with two incomes. It was also possible to deduct outsourced childcare expenses up to a certain amount per child each year at both the federal and cantonal levels. That initiative was intended to offset the expense of extra-family childcare, which would otherwise prevent or dissuade couples with children from working.

Ms. Halperin-Kaddari said that it was her understanding that recipients of social welfare benefits were required to pay back the funds that they had received if and when they were in a position to do so. She would be interested to know which social welfare benefits had to be reimbursed, as, if family benefits fell into that category, a divorced woman could end up paying back those funds alone if the precarious financial situation of her ex-husband prevented the amount of child support he owed from being calculated. Noting that the statutory pension age for women was due to be raised from 64 to 65 years, she asked what measures had been put in place to guarantee the financial security of women who would now have to wait another year before drawing a pension.

Ms. Gabr said that there appeared to be serious gaps in the protection afforded to migrant women who were victims of domestic violence. She trusted that the Federal Council’s report on the application of the different legal provisions under which migrant women could be granted the right to remain in Switzerland in cases of domestic violence would assist the State party in addressing those gaps.

Ms. Pomeranzi asked whether the issue of corporate taxation rules would be addressed in the report on the implementation of the 2030 Agenda to be presented by the Federal Council in January 2018 or in the strategy to implement the United Nations Guiding Principles on Business and Human Rights.

Ms. Hofmeister asked what initiatives had been undertaken to support vulnerable groups such as the Roma.

Ms. Durrer (Switzerland) said that the Federal Council’s report would assist the Government in identifying and overcoming the difficulties associated with the application of those legal provisions.

Ms. Ramseyer (Switzerland) said that divorced women who received social welfare benefits were required to pay back the funds if and when they were in a position to do so.

Ms. Durrer (Switzerland) said that, although the Government was aware of the problems arising from the obligation of recipients of social welfare benefits to pay back the funds in question, it fell to the cantonal authorities to propose a solution. However, not every canton requested the reimbursement of social welfare benefits.

Ms. Ruffieux (Switzerland) said that the Federal Government had decided to raise the statutory pension age for women from 64 to 65 years so as to bring it into line with the statutory pension age for men, to enhance the existing occupational pension scheme and to increase the financial independence of retired women.

Ms. Durrer (Switzerland) said that measures had been put in place to prevent a disproportionate number of persons who were approaching the end of their working life from becoming unemployed.

Ms. Joubli (Switzerland) said that the content of the report on the implementation of the 2030 Agenda to be presented by the Federal Council in January 2018 would be decided following an intergovernmental consultation process.

Ms. Wiesendanger (Switzerland) said that the Federal Government worked closely with organizations representing the Yenish, Manush/Sinti and Roma communities in areas such as education and social welfare and, to the extent possible, ensured that women were duly represented. In 2015, the Federal Department of Home Affairs had set up a working group with the aim of improving the living conditions of the nomadic peoples living in Switzerland and to promote Yenish, Manush/Sinti and Roma culture. The working group comprised representatives of the communities in question. In 2016, a cartoon had been developed in cooperation with the Yenish community to raise awareness of the nomadic way of life and the presence of that minority in Switzerland. In the canton of Berne, the education authorities had worked with the Yenish community to design a programme to improve the education of children whose parents were nomads.

Ms. Durrer (Switzerland) said that she was grateful to the Committee for a rich and stimulating dialogue. The delegation hoped to have provided a realistic and frank overview of the state of implementation of the Convention in Switzerland and had taken note of the various concerns raised by the Committee, which the Federal Government was committed to addressing. On the subject of the country’s slow but steady progress towards ratifying the Istanbul Convention, she wished to stress that the ratification of that instrument would represent the culmination of the numerous measures taken to afford victims of domestic violence better protection. The Federal Government would pursue its efforts to involve the younger generations in the fight against xenophobia, to disseminate the Convention more widely in all spheres and to place gender equality and the fight against stereotypes at the centre of its work going forward. It was not currently possible to introduce gender quotas in the political sphere and there was no prospect of them being introduced in the future.

The Chair said that, on behalf of the Committee, she wished to thank the delegation for the constructive dialogue, which had provided further insight into the situation of women in Switzerland. She commended the State party on its efforts and encouraged it to take all the measures necessary to give effect to the Committee’s recommendations.

The meeting rose at 5.10 p.m.