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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Switzerland – 14th Session – 2012 Thursday 22nd October 2012 - 9.00 a.m. - 12.30 p.m. Scroll to: National Report 16. A new article on female genital mutilation was introduced in the Criminal Code on 1 July 2012 to resolve any possible problems of definition and proof that had existed prior to then. Female genital mutilation was already punishable under the Criminal Code as grievous bodily harm, but is now penalized in a specific provision. This provision also applies to female genital mutilations performed in another country even when the practice is not a criminal offence in that country. 17. On 23 February 2011, the Federal Council submitted a federal bill, containing several measures to combat forced marriages, for parliamentary review. The bill stipulates that forced marriages may be annulled and that cantonal registries must establish that the contracting partners have reached the legal age of majority and freely consent to the marriage. The bill also outlines a number of preventive measures, as well as measures to protect victims. A new provision in the Criminal Code will punish forced marriage even if the marriage took place abroad. 21. Two Federal Council reports — one issued in 2008 on a strategy for a Swiss policy on children and young people, and the other in 2009 on young people and violence — served as the basis for the development of a policy of protection, encouragement and participation, as well as for the design of various prevention programmes. In 2011, the Federal Social Insurance Office (FSIO) began implementing two national five-year programmes: the first on young people and violence, and the second on protecting young people from risks posed by the media. 22. The Ordinance on protection measures for children and young people and on strengthening children’s rights, which entered into force on 1 August 2010, sets out the content, objectives, and means of implementation of the information and education measures adopted by the Confederation, which are aimed at avoiding violations and preventing delinquency. The remit of FSIO includes, at the federal level, information and prevention actions on issues relating to children and young people. FSIO provides support for the counselling services made available around the clock to children and young people by the Pro Juventute Foundation, and for the activities of the Swiss Foundation for Child Protection and various projects aimed at combating ill-treatment and sexual abuse that are carried out in partnership with other organizations. With a view to drawing up a plan of action targeting violent acts within the family, FSIO plans to study preventive measures that could be taken in order to better protect children against such acts. It will also study the question of how to improve national coordination in the area of child protection. 23. On 16 June 2010, Switzerland signed the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention). This Convention is the first international instrument to allow such broad scope in defining acts of sexual abuse committed against children as punishable offences. Switzerland is currently preparing the legislative amendments needed in order for it to ratify the Convention. In December 2011, Switzerland submitted its first report on its implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Over the past few years, several laws have been amended and numerous international police operations have been carried out in the above-mentioned areas. In addition, training and prevention programmes have been launched, including an information campaign on sexual exploitation in tourism that was introduced in November 2010. Anyone who suspects that an abuse has been committed can report their observations using an online form (www.stop-childsextourism.ch). Lastly, on 20 November 2008, the people and the cantons decided to include as article 123b in the Federal Constitution the non-applicability of statutory limitations to acts of child pornography. 24. The Council of Europe Convention on Cybercrime, which entered into force for Switzerland on 1 January 2012, aims to strengthen cross-border cooperation, harmonize standards of States parties and formulate minimum requirements relating to the prevention and punishment of offences relating to child pornography. For several years, the Coordination Service to Combat Internet Crime (SCOCI) has been tasked with the early detection of offences committed on the Internet (monitoring), preventing duplications at the prosecutorial level (clearing) and analysing the phenomenon of Internet crime. 25. A new federal law on international child abduction and the two Hague Conventions on the protection of children and adults entered into force on 1 July 2009. Requests for the return of abducted children are now dealt with through an accelerated procedure. The authorities must seek to ensure that parents settle disputes amicably, by means of conciliation or mediation and taking the child’s best interests into account. Legal proceedings should always be preceded by efforts to reach a compromise. When a court decides that a child is to be returned, it must at the same time establish the procedure for doing so. Since 2010, the Swiss police have had an alert system in place that can be activated any time there are valid reasons for suspecting that a minor has been abducted, provided that the minor is truly exposed to danger. 26. The Federal Act on the Criminal Procedure Applicable to Minors, which entered into force on 1 January 2011, deals with juvenile offenders. Its provisions derogate from the rules of the Code of Criminal Procedure so as to take into account the special circumstances of juvenile offenders, particularly as they relate to conciliation, mediation and the conduct of proceedings in closed court. The Act provides for obligatory defence in certain circumstances and regulates the conditions and execution of pretrial detention and the use of trials in absentia. Recommendations 57.10 and 57.23: treat offenders under the age of 18 in police custody and detention differently from adults; and (57.23) consider the explicit prohibition of all practices of corporal punishment of children. 27. With regard to pretrial detention, the Federal Act on the Criminal Procedure Applicable to Minors provides for the appropriate detention of minors in a special institution or in a special section of a prison, separate from adult prisoners (article 28 of the Federal Act on the Criminal Procedure Applicable to Minors). Several institutions or divisions reserved for this purpose exist already. Under the terms of an arrangement between the “Latin” (for the most part, French- and Italian-speaking) cantons, the first prison in French-speaking Switzerland intended exclusively for minors is due to open in 2013. 28. Degrading treatment and corrective methods that harm children’s and young people’s physical, psychological or spiritual integrity are prohibited in Switzerland. Corporal punishment is explicitly prohibited by the rules and regulations of schools and institutions. Likewise, assault and, by extension, bodily harm, are punishable under criminal law. For this reason, in August 2008, Parliament decided not to follow up a proposal to enact specific legislation to this effect. 29. Efforts to resolve certain questions relating to parental responsibility in the event of divorce or to the child’s right to be heard, which were included among the challenges listed during the previous review, are nearly completed. In its message of 16 November 2011, the Federal Council proposed to Parliament that amendments should be made to the Civil Code in order to guarantee equal treatment between mothers and fathers in the event of divorce or separation in respect of parental responsibility, guardianship and the maintenance of children. Provisions relating to the deposition of children in civil proceedings that concern them have been combined in the new Code of Civil Procedure, which entered into force on 1 January 2011. With regard to the application of these provisions, in November 2011 the Federal Commission on Children and Youth published a report on the right of children to express their views and to be heard. 30. The Federal Commission on Migration is of the opinion that weaknesses are still to be found in the area of children’s and young people’s affairs in connection with migration – especially the naturalization of foreigners born in Switzerland who do not benefit from a facilitated procedure and education for children and young people without residence permits. 38. Switzerland’s integration policy is governed by the Federal Act on Foreign Nationals. Integration is primarily viewed as a two-way process for which responsibility must be shared at all stages. In November 2011, the Federal Council began consultation on a draft partial amendment of the Act that seeks to regulate more strictly the right to integration and to increase the active participation of those concerned. The revision of the Act, which would be renamed the “Federal Act on Foreign Nationals and Their Integration”, would clearly define the powers of each level of government, as well as the criteria on which cantonal authorities would base their assessment of a person’s integration before granting them an annual or permanent residence permit. An information pack, to be distributed to foreigners on their arrival, is intended to help guide them in their new surroundings and, if necessary, identify the appropriate integration services. Integration agreements may also be drawn up. In order to exercise the right to family reunification, spouses and children who are third-State foreign nationals must prove that they have some knowledge of a national language or are enrolled in a language course. Integration is also viewed as something that is practised on a day-to-day basis: in schools and vocational training centres, in the workplace and in the community. For this reason, it is also important to incorporate the rules on integration into the laws governing the chief public institutions under the responsibility of the federal authorities. The Federal Council has stated explicitly that the promotion of integration must go hand in hand with measures to combat discrimination. As from 2014, the Confederation and the cantons will increase their budgets for these incentives to almost 110 million Swiss francs. Protection against discrimination, for example, in the workplace or to ensure migrant women’s entry into the labour market, will henceforth be a standard feature of cantonal integration programmes. Recommendations 57.8, 57.16 and 57.17: ensure that the revocation of the residence permits of married women who are victims of domestic violence is subject to a review and done only after a full evaluation of the impact on those women and their children; (57.16) further address and enhance combating the root causes of discrimination, particularly of foreign migrant women, by removing legal and systemic obstacles to equal rights; and (57.17) take measures to ensure that migrant women victims of sexual and domestic violence and/or trafficking are not at risk of deportation, if such incidents are reported. 41. With regard to the dissolution of marriage, the Federal Act on Foreign Nationals provides that the right of spouses and children to a residence permit, previously granted for reasons of family reunification, may be extended following the break-up of the family, provided that continued residence in Switzerland is shown to be necessary for compelling personal reasons. Compelling personal reasons are considered to include the situation in which a spouse has been the victim of domestic violence and in which the prospects for social reintegration in his/her country of origin appear to be seriously undermined. With regard to victims of human trafficking, the Federal Act on Foreign Nationals and its implementing regulations grant alleged victims a 30-day minimum period of reflection in order to rest and to decide whether they would like to continue participating in the proceedings. A residence permit may be granted for the duration of the criminal proceedings. Furthermore, a residence permit may be granted for individual cases of an extremely serious nature. In such cases, consideration is given to the particular situation of the human trafficking victims, whether such victims are men or women. 49. In January 2012, Switzerland submitted its third report on the implementation of the Council of Europe’s Framework Convention for the Protection of National Minorities. Significant improvements have been achieved in the last few years as far as the situation of people belonging to linguistic minorities is concerned. Notable efforts have also been made to encourage multilingualism, in particular in education. Of the minorities recognized by Switzerland under the Framework Convention, Swiss Travellers face the most difficulties. Their population is estimated to number approximately 30,000. Most Swiss Travellers are of Yeniche origin, and between 2,500 and 3,000 continue to lead semi-nomadic lives. Despite the measures already taken in certain cantons, the insufficient number of sites for short- and longer-term stays remains a cause for concern. The Confederation offers financial support to two organizations that defend the interests of Travellers: the foundation Assurer l’avenir des gens du voyage suisses and the umbrella organization for Travellers Radgenossenschaft der Landstrasse. 50. On 22 February 2012, the Federal Council endorsed an amendment to the Act on Registered Partnerships between Persons of the Same Sex allowing the adoption by one partner of the natural or adopted children of the other when such children are the issue of, or were adopted during, a prior relationship. The proposed revision of the Nationality Act, however, does not provide for same-sex partners in a registered partnership to benefit from an expedited naturalization procedure. Recommendation 57.22: formulate a comprehensive strategy regarding the trafficking of women and girls and their sexual exploitation, which should include measures of prevention, prosecution and punishment of offenders and increased regional and international cooperation. 52. The Coordination Unit against the Trafficking of Persons and Smuggling of Migrants brings together all the actors working in this domain. The Unit is in charge of the national strategy for combating human trafficking and responsible for developing a national action plan. It offers specialized training to raise awareness in public services, in particular among border guards and cantonal migration officials, and as part of the training given to judicial officials. As far as preventive measures are concerned, in autumn 2008, the Confederation supported a national campaign linked to the European Football Championship, “Euro 08”, to inform spectators about trafficking in women. At the cantonal level, round tables and cooperation agreements between the authorities and relevant services have been established, which facilitate the identification and protection of victims and the prosecution of perpetrators. At the end of 2011, 13 cantons had already set up such a mechanism or were in the process of doing so. The revision of the Federal Law on Compensation for Victims of Offences means that cantons are now required to take into account the specific needs of different categories of victims, including victims of human trafficking. 55. Criminal procedure, which used to be regulated at the cantonal level, was standardized for the whole of Switzerland with the entry into force of the Code of Criminal Procedure and the Swiss Code of Juvenile Criminal Procedure on 1 January 2011. The right of all persons placed under arrest to have the immediate assistance of a lawyer, to inform one of their relatives and to be examined by an independent doctor is now guaranteed in all the cantons. The Code of Civil Procedure, which replaced the 26 cantonal civil codes, stipulates different types of procedures according to the nature of the dispute and places special emphasis on out-of-court settlements. The unification of procedural law makes it possible to ensure that the principles of equality before the law and legal certainty are upheld. 61. The amendments to the Aliens Act and the Asylum Act, which came into force on 1 January 2011, brought these instruments into line with the European Return Directive (Directive 2008/115/EC of 16 December 2008). The amendments were made in accordance with the obligations imposed under the Directive on the member States of the Schengen area. The goal of the Directive is to achieve a minimum level of harmonization among the procedures applicable to nationals of countries that are not Schengen member States (third countries) whose migratory status is irregular. The Directive establishes a number of rules governing expulsion orders, deadlines for voluntary departure, the conditions of custody prior to expulsion (particularly for minors and families) and legal protection. The Directive led to the maximum duration of administrative detention for foreign nationals under Swiss law being reduced from 24 to 18 months. In addition, Switzerland has set a minimum age for minors to be held in detention (15) even though no age limit is stipulated in the Directive. The medical care given to deportees before and during their transportation by air has been expanded. These changes ensure that expulsions are transparent procedures. By law, each stage of the flight in expulsion procedures carried out using air transportation must be overseen by third parties. Since 1 April 2012, this oversight has been provided by the National Commission for the Prevention of Torture. 63. Religious groups in Switzerland are many and diverse. Thanks to immigration, many communities holding non-traditional beliefs are now firmly established in the country. The authority to grant legal personality to religious communities resides with the cantons, which act in accordance with their own constitutions. Since 2006, the Confederation has held regular meetings with the Swiss Council of Religions, which brings together representatives of the main religions. Several cantons are also actively engaged in pursuing interfaith dialogue and greater mutual understanding between religious communities. Some have incorporated courses on religious cultures into the school curriculum. A non-denominational course on religion and culture, for example, has been introduced in primary schools in the canton of Zurich and, in the canton of Saint Gallen, the authorities hold a round-table meeting of representatives of different religious communities every two years. Muslim associations are playing an ever larger role in the interfaith dialogue. Islamic centres and umbrella associations regularly organize information sessions, meetings and projects that offer children and young people from different religious backgrounds the opportunity to meet and learn about each other. 77. The 2009 survey conducted by OECD under its Programme for International Student Assessment (PISA) showed that 15-year-old Swiss students continue to achieve good or very good results in all the subjects tested. Gender and social background are still influential variables, but the influence of migration status on performance has fallen significantly in the last few years. 78. In May 2011, the Confederation and the cantons put forward, for the first time, common objectives for education in Switzerland with a view to making better use of the opportunities and potential of the Swiss education system. This declaration of common objectives is based on the findings of the authorities’ long-term monitoring of education. One of the early outputs of that monitoring process was the publication of the first report on education in Switzerland, in February 2010. The report addresses equal opportunity, effectiveness and efficiency issues at each level of the education system. 84. The workshop on migration issues stressed that more work was still needed at two levels. First, at the level of the law itself, since, contrary to the conclusions of the report, the compatibility of Swiss legislation with international human rights law, especially on asylum, was worth looking into (cf. recommendation 57.2). Second, at the level of the implementation of the law, given that the implementation of federal laws was the responsibility of the cantons, and their practices sometimes differed. The report should highlight the real impacts of the measures taken on the persons concerned and not just list the legislation currently in force. The civil society representatives were critical of the new requirements established for the integration of migrants which restricted the fundamental right to family life. The practice of withdrawing residency permits, even from victims of domestic violence, if a marriage was dissolved, and the difficulties that victims of exploitation and trafficking had in regularizing their migration status in Switzerland were also mentioned. The fact that it was impossible for persons without identity papers to regularize their situation and that asylum seekers whose applications had been rejected were not eligible for social assistance was also worrying. Migrants needed to be better informed of their rights. The political debate on asylum was another source of concern: under the pretext of combating abuses, the human rights of asylum seekers, refugees and persons provisionally granted entry were being unduly and disproportionately curtailed. The lack of legal protection in current asylum procedures needed to be addressed. According to the NGOs, the report failed to provide a convincing response on these points. 9. UNHCR further recommended that Switzerland withdraw reservations to article 10, paragraph 1, of the Convention on the Rights of the Child, which ensures family reunification; as well as to article 37 (c), which ensures that children in detention are kept separate from adults; and article 40, concerning criminal procedures relating to young offenders. 29. CAT was concerned about inadequate conditions in prisons, particularly in the French-speaking cantons, and urged Switzerland to resolve the overcrowding in the Champ-Dollon Prison, use alternative and non-custodial sentences and reduce pretrial detention periods, ensure the application of legislation and procedures concerning access to health care by all prisoners, especially those with psychiatric problems, and ensure that minors and adults are separated. HR Committee made similar observations. 33. CEDAW and CAT were concerned that trafficking in persons, particularly women and children, still persisted and urged Switzerland to adopt a strategy to combat this phenomenon by increasing cooperation with countries of origin, protect victims by allocating additional resources and services in all cantons and prosecute and punish perpetrators. 34. CAT was concerned by the disappearance of unaccompanied minors who risk becoming victims of human trafficking or other forms of exploitation. It urged Switzerland to improve their protection. 35. In view of the fact that under Convention No. 182 on the worst forms of child labour, the use of a child under 18 years of age for prostitution is considered one of the worst forms of child labour, the ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) urged the Government to take the necessary measures to amend the Penal Code in such a way that the use of a child between 16 and 18 years of age for prostitution is prohibited. 37. While taking note of Federal Tribunal jurisprudence confirming the ban on corporal punishment, CAT recommended that corporal punishment be specifically prohibited in the national legislation. CAT also called on Switzerland to carry out public-awareness campaigns on the negative effects of violence against children, especially corporal punishment. 38. HR Committee welcomed the adoption of the Federal Criminal Code of Procedure, the Swiss Code of Juvenile Criminal Procedure, the revision of the Federal Law on Compensation for Victims of Offences and the Act on the Use of Force and Police Measures. 39. CAT noted that only a minority of complaints of violence or mistreatment by the police had resulted in prosecutions or charges and that only a few had led to compensation being offered to victims or their families. HR Committee recommended that all cantons create an independent mechanism with authority to receive and effectively investigate all complaints of excessive use of force, ill-treatment or other abuses by the police. 41. UNHCR noted that although revisions to the Aliens Act, which had entered into force in 2008, had brought some improvements to the right to family reunification for asylum seekers and persons granted “provisional admission”, the conditions for family reunification stipulate, inter alia, a three-year waiting period, an adequate level of income and a suitable place of accommodation. 53. CESCR was concerned about insufficient preschool education facilities and places in childcare. It encouraged the harmonization of access standards so as to ensure that all children have the same opportunities to benefit from childcare and preschool education. 63. CAT was concerned by allegations of police violence and mistreatment when foreigners were forcibly returned, particularly by air. CAT highlighted the death in 2010 of a Nigerian citizen who was being forcibly repatriated by air. It was concerned by the failure to respond to claims for compensation from the family and urged an independent and impartial inquiry. CAT recommended that the presence of human rights observers and independent physicians be allowed during forcible repatriation, so as to provide for their participation in the drafting of orders on the use of coercive measures by police escorts, and training the police and other officials responsible for forcible repatriation. HR Committee made similar recommendations.CESCR expressed concern that some asylum-seekers were forced to stay in underground nuclear bunkers for an indefinite duration while their claims were being considered, and about the lack of appropriate facilities for families and/or unaccompanied/separated children. 64. CESCR requested information about measures to protect undocumented persons from exploitation and abuse and from becoming victims of human trafficking. 5. JS4 noted that Switzerland had signed the CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) in 2010 and was in the process of ratifying it. 20. JS3 recommended that Switzerland include in its Criminal Code a definition of torture incorporating all elements contained in article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 22. The CoE’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), in a report published in October 2008 on its fifth visit to Switzerland, highlighted the importance of fundamental safeguards against ill-treatment offered to persons in police custody and the situation of persons deprived of their liberty under aliens legislation. Regarding prisons, the CPT drew attention to the conditions of detention of persons against whom a compulsory placement measure or institutional therapeutic measures have been ordered, as well as to conditions in the security units. In their response to the visit report, the Swiss authorities provided information on the measures being taken to implement the CPT’s recommendations. 23. JS1 noted that trafficking of women to Switzerland represents a severe violation of human rights. Switzerland had taken action to follow the recommendations of the UPR in 2008 to fight sexual exploitation of women and children. However, Switzerland was still a destination and transit country for human trafficking, and victims of human trafficking often did not have access to help. Existing strategies were not fully implemented in the cantons. JS1 recommended the development of a comprehensive strategy to be implemented in all the cantons, as well as training for the police, justice and migration authorities in order to be better able to identify victims of trafficking and support them in their rights. Victims of human trafficking should have the right to stay in Switzerland if this was needed for their protection. JS3 similarly recommended that Switzerland develop a national strategy against trafficking and sexual exploitation of women that takes into account the protection of victims and is carried out by the cantons. Switzerland should also specify the conditions for granting residence permits in cases of serious personal hardship faced by victims of human trafficking. 24. With reference to recommendations from the first review of Switzerland by the UPR mechanism, JS6 welcomed the creation of a bilateral task force between Switzerland and Romania to fight human trafficking. However, it expressed disappointment that prostitution of persons between 16 and 18 years of age was still not prohibited and that court sentences for traffickers were often not commensurate with the gravity of the crime. JS6 recommended that Switzerland conduct a nationwide awareness-raising campaign to addresses trafficking; that it take all necessary steps to make sure that convicted traffickers receive sentences commensurate with the gravity of the crime; and that it prohibit prostitution of all persons less than 18 years old. 25. JS4 recommended that the authorities regularly undertake broad awareness-raising campaigns concerning sexual exploitation. JS4 further recommended the development of a draft law to declare the solicitation of a child for sexual purposes a criminal offence. 26. JS3 observed that although the procedure for victims of domestic violence who have a residence permit on the basis of family reunification had been improved, the cantonal immigration authorities and the Federal Office for Migrations still held a wide margin of discretion. Switzerland should specify the criteria applied to the consideration of evidence of domestic violence when deciding on the prolongation of residence permits for victims of such violence who had left their partners, in order to make it possible for cantonal and federal authorities to apply rules in a standardized and fair manner. 27. Global Initiative to End All Corporal Punishment of Children (GIEACPC) recommended the adoption of legislation to explicitly prohibit corporal punishment of children in the home. JS3 similarly recommended that Switzerland step up its efforts in establishing an explicit ban on corporal punishment of children. JS4 urged that recourse to violence in education be explicitly prohibited in the Civil Code. 29. JS3 noted that the authorities failed to consistently respect the principle of separated detention of minors from adults. It invited the authorities to translate into practice the principle of separated detention of minors, in particular with regard to detention pending deportation. 32. CoE-Commissioner noted existing restrictions and further proposals to restrict migrants’ right to reunite with their families. Proposals for the automatic expulsion of migrants who have committed a certain crime could also raise serious challenges to migrants’ right to family unity. 42. JS2 registered an increase of mental disorders in young people, especially in the Canton of Geneva and Vaud, stating that alcohol and drugs as well as the lack of governmental controls, in addition to a frequent breakdown of the family unit, were the main contributing factors to mental disorders among the youth. JS2 further noted that suicide affected adolescents at an increasingly advanced age, with a major cause of suicide attempts being the loneliness of children and teenagers whose parents work all day. JS2 regretted that despite the high rate of suicide, there was no national plan for prevention. JS2 recommended that the government undertake more concrete campaigns in order to make youth aware of the consequences of drug and alcohol abuse; promote awareness campaigns, with the active involvement of teachers and parents; implement a strict collaboration among all psychiatry units, especially between child and adolescent psychiatry, in order to facilitate the coordination of experts; intensify controls on drugs in Switzerland at the border areas and make penalties more severe for drug dealers in order to reduce illegal sale of drugs; and implement a national suicide prevention strategy. 43. JS2 welcomed the efforts of Switzerland in ensuring the realization of the right to education by every child, as well the high standards of Swiss schools at all levels of education, noting that school education was mandatory and free of charge for all children, including foreign nationals. However, JS2 also noted the persistence of discrimination against vulnerable children, especially foreign children, disabled children or children without papers, particularly in the Canton of Geneva. 44. JS2 welcomed the decision of the government to allow children without papers to attend public school without any form of restriction or monetary fee. However, it regretted that, once children reach the age of majority, they were forced to leave the country even if they had not finished school. JS2 recommended that Switzerland implement article 28 of the Convention on the Rights of the Child without discrimination, particularly of foreign children, children with disabilities, and children without papers; that it guarantee the integration of children with disabilities in normal schools; and that it guarantee equal access to secondary educational levels, independent of whether a child has attended a public or private school. 45. JS3 noted that human rights education was largely absent in the public school system and quasi inexistent in the vocational training programs of key institutions such as cantonal administration, public institutions and justice. Switzerland should develop a national action plan to firmly incorporate human rights education in the curricula of all public education institutions. 46. JS4 recommended the introduction of education on sexuality in all curricula. JS1 called on the Government to guarantee equal access to comprehensive sexuality education for all children and adolescents. A strategy to implement efficiently existing models and standards should be developed together with professional associations and educational institutions. JS3 recommended that Switzerland systematically include education on sexuality and sexual health in the curricula and implement such education in a comprehensive manner. 52. Noting that undocumented migrants often cannot claim their fundamental and human rights for fear of being deported, and that the granting of residence permits in cases of serious personal hardship was very restrictive, JS3 recommended that Switzerland clearly define the criteria for granting undocumented migrants residence permits in cases of serious personal hardship, taking account also of the guarantees stipulated in the Convention on the Rights of the Child, and to assure a coherent and fair application of standards at the cantonal level. Switzerland should also specify the conditions for granting residence permits in case of serious personal hardship for the victims of human trafficking Furthermore, Switzerland should continue its efforts to allow juvenile undocumented migrants the right to professional education. 53. CoE-Commissioner noted that the effective enjoyment of migrants’ right to family life was a major condition for their successful integration. Of equal importance for migrants integration was the possibility for those lawfully residing in the country for a long period of time to be naturalized. Furthermore, equal treatment should be ensured with regard to access to existing regularization procedures by irregular migrants. 54. As regards asylum, JS3 invited Switzerland to order an independent analysis of its asylum law from a human rights perspective. Asylum procedure for unaccompanied minor asylum seekers should be designed in a way to assure the provision of free legal aid in the first asylum interview and throughout the process. In the case of repatriations, methods applied should comply with international human rights standards and human dignity, and coercive measures should be guided by the principle of proportionality. JS3 also noted that the conditions of detention pending deportation were too restrictive in many cases. 55. CoE-Commissioner noted that the foreseen abolition of the “out of hand” asylum rejection applied for instance when an applicant does not produce an identity document within 48 hours would be a step in the right direction. The Commissioner encouraged the authorities to prioritize the establishment of a comprehensive system of legal aid for asylum seekers, in particular in the context of the accelerated asylum procedure.
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations
Summary of Stakeholders' Information