| Click here for a summary of Switzerland’s review at the second cycle and/or the third cycle. |
2nd UPR session
Date of review: 8 May 2008
Date of report adoption: 28 May 2008
Document number: A/HRC/8/41
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SUMMARY SOGIESC issues during Switzerland’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
15. The Swiss NGO Coalition reported that lesbian, gay, bisexual and transgender persons in Switzerland have no institutional means of asserting their rights, while discrimination against them is left unquestioned. In addition, sexual orientation and gender identity are not explicitly mentioned in the Constitution as grounds for possible discrimination. Currently, according to the NGO Coalition, no law punishes discriminatory acts against this minority.
II. Excerpts on SOGIESC issues from the national report
Equality, non-discrimination (Universal Declaration of Human Rights, arts. 1, 2 and 7) and subjects of specific rights
4. Migrants 35. […] The concept of “fast-track naturalization” is also recognized in Switzerland; it is offered in particular to foreign spouses of Swiss nationals, although not to registered homosexual partners (who may, however, become naturalized in the ordinary way and benefit from favourable residence conditions), and to children with a Swiss parent who do not yet have Swiss nationality.
7. Sexual orientation and gender identity 44. Article 8 of the Federal Constitution contains a non-discrimination clause prohibiting discrimination on grounds of lifestyle. This term is usually interpreted as covering homosexuality. The Partnership Act, which came into force on 1 January 2007, introduced partnership registration, whereby same-sex couples can have their relationship recognized in law; registered partners have the same status as married couples. However, people in a registered partnership are not allowed to adopt children or to use medically assisted reproduction. At present, Switzerland has no law specifically punishing homophobic, biphobic or transphobic acts.
III. Excerpts on SOGIESC issues by UN agencies
IV. References to SOGIESC issues during the Working Group review
11. Brazil welcomed concrete efforts undertaken by Switzerland to foster human rights and democratic values. It stated that Switzerland replied positively to numerous human rights challenges, inter alia, on the rights of the child, disabilities, sexual orientation and right to education, but it would need to further focus on other challenges. Brazil enquired about steps taken to promote the rights of the child, on the main aspects of the policies on the treatment of migrants, on the promotion of the fight against racism and other forms of discrimination, and on the challenges a federative State faces in ensuring a coherent approach to the promotion of human rights.
17. France […] asked for information on the process of adoption of a federal law against discriminatory practices, especially discrimination against disabled persons, and against gay, lesbian, bisexual and transsexual persons. In this framework, France also enquired about the nature of sanctions and punishment for those guilty for violating the human rights of persons with a different sexual orientation.
24. The Netherlands […] recommended that Federal legislation be strived for to provide protection against all forms of discrimination, including on grounds of sexual orientation and gender identity, and that the Yogyakarta Principles be applied as a guide to enhance the Government’s commitment to non-discrimination on grounds of sexual orientation and gender identity.
26. While welcoming the entry into force of the Swiss Federal Civil Partnership Act, the United Kingdom recommended that additional steps be taken to ensure that same sex couples are not discriminated.
34. […] Article 8 of the Federal Constitution provides a non-discrimination clause on the ground of lifestyle, which is usually interpreted to cover homosexuality. The Partnership Act introduced registers partnerships which provide a legal basis for the recognition of their lifestyle, similar to a married couple. However, persons in registered partnerships are not authorized to adopt children or to use medically assisted reproduction. There is at the moment no act specifically punishing acts of homophobia.
V. Conclusions and/or recommendations
Switzerland noted the following recommendations:
57. 18. That federal legislation be strived for to provide protection against all forms of discrimination, including on grounds of sexual orientation and gender identity (Netherlands);
57. 20. To take additional steps to ensure that same-sex couples are not discriminated (United Kingdom).
VI. Further information
You will find all documents relating to Switzerland’s first review at UPR-Info and OHCHR’s websites.