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This report is part of CRIN's access to justice for children project, looking at the status of the CRC in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Switzerland automatically incorporated the Convention on the Rights of the Child (CRC) into its domestic law upon ratification, though it maintains several reservations. The CRC takes precedence over national law, and has been used in judicial decision-making. Children can bring lawsuits seeking redress for violations of their rights with the assistance of their representatives. Where the rights of a child “capable of judgement” are violated, and those rights constitute “strictly personal rights”, then such child could bring proceedings without a parent or guardian. Legal aid is generally available to children in all types of proceedings, depending on the child's means and the merits of the case. Furthermore, special child-friendly provisions exist relating to children giving evidence in court proceedings.
