Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/switzerl.txt

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TITLE: SWITZERLAND HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                          SWITZERLAND


Switzerland is a constitutional democracy with a federal
structure.  The bicameral Parliament elects (from among its
members or other persons) the seven members of the Federal
Council, the highest executive body, whose presidency rotates
annually.  Because of the nation's linguistic and religious
diversity, the Swiss political system emphasizes local and
national political consensus, and grants considerable autonomy
to the cantons.

The Swiss armed forces are a militia based on universal
military service for able-bodied males.  There is virtually no
standing army apart from training cadres and a few essential
headquarters staff functions.  Police duties are primarily a
responsibility of the individual cantons, which have their own
distinct police forces.  The National Police Authority has a
coordination role and relies on the cantons for actual law
enforcement.

Switzerland has a free enterprise industrial and service
economy that is highly dependent on international trade.  The
standard of living is very high.

The Government fully respects human rights.  The electorate
approved a new antiracism law in September which criminalizes
racist or anti-Semitic actions and public speech, and ratifies
the 1960 U.N. Convention Against Racism.  However, there
continued to be instances of violence against foreigners, and
the Federal Government is investigating allegations of cantonal
police mistreatment of detainees during previous years.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution proscribes such practices, and there were no
reports of violations.  Amnesty International (AI) alleged in
April that during 1992-93 there were 13 cases of minor violence
against persons in cantonal police custody.  Cantonal police
forces publicly rejected all the allegations.  The Government
promptly launched an investigation, and in November published a
detailed report that also rejected all the allegations.

     d.  Arbitrary Arrest, Detention, or Exile

The law provides for freedom from arbitrary arrest, detention,
or exile.  A suspect may not be held longer than 24 hours
without a warrant issued by the investigative magistrate.  A
suspect has the right to choose and contact an attorney as soon
as the warrant is issued; the State provides free counsel for
indigents.  Investigations are generally prompt.  Release on
personal recognizance or bail is granted unless the magistrate
believes the person is dangerous or will not appear for trial.
Any lengthy detention is subject to review by higher judicial
authorities.  Some foreigners were held in lengthy detention
while awaiting trial.

There is no summary exile, nor is exile used as a mean of
political control.  Non-Swiss convicted of crimes may receive
sentences which include denial of reentry for a specified
period following completion of a prison sentence.

     e.  Denial of Fair Public Trial

The judiciary is independent of the other branches of
government, and is free of interference from them at both the
federal and the cantonal levels.

The Constitution provides for public trials in which the
defendant's rights are fully respected, including the right to
challenge and to present witnesses or evidence.  All courts of
first instance are local or cantonal courts.  Minor cases are
tried by a single judge, difficult cases by a panel of judges,
and serious crimes (such as murder) by a public jury.  Trials
are usually held expeditiously.  Citizens have the right to
appeal to the federal court.

There are no political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Cantonal laws regulate police entry into private premises.
These laws differ widely from canton to canton, but all
prohibit arbitrary intrusion.  There were no reports of
violations of these rights.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and press; an
effective judiciary and democratic political system, along with
an independent press, combine to ensure this is fully
implemented.  The authorities may legally restrict these
freedoms for groups deemed to be a threat to the State, but no
groups were restricted during the year.  The new antiracism law
criminalizes racist or anti-Semitic expression whether in
public speech or in printed material.

Most broadcast media are government-funded (the exceptions are
small-scale experimental programs), but enjoy editorial
autonomy.  Foreign broadcasts are freely accessible.  Private
press and publishing operate without government hindrance.

The Government fully respects academic freedom.

     b.  Freedom of Peaceful Assembly and Association

The only restriction on peaceful assembly and association is a
requirement to obtain a permit from police before holding any
public meeting.  The authorities routinely grant permits unless
they have reason to believe a meeting would lead to violence.

     c.  Freedom of Religion

The Constitution provides for complete freedom of religion, and
the authorities do not hamper the teaching or practice of any
faith.  There is no single state church, but most cantons
support one or another church out of public funds.  A taxpayer
may opt out of contributing to church funding in any canton.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Under the Constitution and the law, citizens are free to travel
in or outside the country, to emigrate, and to repatriate.

Switzerland has traditionally been a haven for refugees, but
public concern over the high number of asylum seekers induced
the Government to legislate emergency measures for swifter
processing and, for rejected applicants, swifter expulsion; the
Government promptly began implementing these measures, and in
December it extended them through 1996.  Still, the Government
continues to give asylum seekers orderly consideration.  It
cooperates with the U.N. High Commissioner for Refugees and
other humanitarian organizations in assisting refugees.

Refugees whose applications are rejected are allowed to stay
temporarily if their home country is torn by war or
insurrection.  Through August (latest data), 1,165 rejected
asylum seekers were deported to their country of origin.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Suffrage is universal for citizens over age 17, and balloting
is secret.  Local, cantonal, and federal elections are free and
are contested actively by a variety of parties.  Frequent use
of initiative and referendum procedures provide additional
means for popular involvement in the legislative process.

Women were disfranchised until 1971, but since then their
participation in politics has unabatedly expanded.  Women
occupy 41 of the 246 seats in the Parliament, 1 of the 7 in the
Federal Council, and a record 9 in cantonal government
executive bodies.

Section 4  Governmental Attitude Regarding International and
           Nongovernment Investigation of Alleged Violations
           of Human Rights

Local human rights advocacy groups concern themselves almost
exclusively with lobbying the Swiss and other governments about
the human rights situation in other countries.  All major
international human rights groups are active in Switzerland.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Although the Constitution prohibits discrimination against
women in the workplace, this problem persists, and the
Government has only recently started to take effective action
against it.  While in recent years significant numbers of women
have entered traditionally male-dominated professions (such as
medicine, law, and engineering), women generally do not receive
equal pay for equal work; studies indicate women's earnings
average 15 percent less than those of men.

Various laws continue to discriminate against women; however,
in 1994 Parliament passed legislation improving the treatment
of women regarding health insurance and government pensions.
In addition, it began work on amending the Labor Law so as to
abolish provisions that ban women (except in a few fields, such
as nursing) from working at night or on Sundays.

In recent years policymakers have become more concerned about
violence against women.  While there are no reliable data on
this topic, indications are that a problem exists and that many
cases go unreported.  The Federation of Women's Organizations
and other groups have heightened public awareness of this
issue.  Every city maintains a telephone hot-line, through
which female victims of violence can obtain help and
counseling, and shelters for battered wives.  Specialists,
working with police, regularly interview women who report
attacks.  The law prohibits wife beating and similar offenses,
and a change in the Penal Code in 1992 explicitly made spousal
rape a crime.  The authorities effectively enforce these laws.
The Penal Code also criminalizes sexual exploitation and
trafficking in women.

     Children

The Federal and cantonal governments, as well as organizations
defending children's rights, in recent years have devoted
considerable attention to possible abuses against children,
sexual abuses in particular.  For convicted perpetrators of the
latter, the law mandates imprisonment for up to 15 years.  In
June the Government approved the 1988 U.N. Convention on the
Rights of a Child, and transmitted the draft bill to Parliament
for ratification, albeit with some formal reservations
regarding the Convention's provisions for the rights of
children to naturalization and the rights of seasonal workers
to be accompanied by their families.

     National/Racial/Ethnic Minorities

The Italian and Romansch languages may not long thrive in
Switzerland, according to members of those communities, if the
Federal Government does not increase its limited funding for
education and media in them.  The Federal Government regards
preservation of languages as a responsibility of the cantons.

In a referendum in September, voters approved inclusion of an
antiracism article in both the Penal and the Military Code.
This article is the nation's first law that seeks to prevent
racial, ethnic, or religious discrimination before it occurs.
The law also ratifies the 1960 U.N. Convention against Racial
Discrimination.

Reported attacks against foreigners were less frequent than in
the 3 previous years--during the first 7 months of 1994 (latest
data), 5 attacks were registered, a drop from 9 during the same
period of 1993.  Officials effectively investigate racist
attacks, and in most cases these lead to arrest and trial of
the perpetrators.  Convictions carry a sentence of at least 1
year in prison.

     People with Disabilities

The Government has not mandated that buildings, government
services, or transportation facilities be made accessible to
people with disabilities.  An umbrella organization actively
lobbies on behalf of most associations defending the rights of
the disabled; in 1994 it persuaded the Government to cease
requiring disabled men to pay the tax imposed on men who have
not accomplished their military duty.

Section 6  Worker Rights

     a.  The Right of Association

All workers, including foreigners, are free to associate, to
join unions of their choice, and to select their own
representatives.  The Government does not hamper the exercise
of these rights.

Unions are independent of the Government and political
parties.

The right to strike is legally recognized and freely
exercised.  Strikes are infrequent, however; in 1994 there was
only one.  The law prohibits retribution against strikers or
their leaders.

Unions can and do freely affiliate with international
organizations.

     b.  The Right to Organize and Bargain Collectively

By law, workers have the right to organize and bargain
collectively, and the law protects them from antiunion
discrimination.  The Government fully respects these
provisions.  Periodic negotiations between employer and worker
organizations determine wages and other labor matters at the
national and local levels.  Nonunion firms generally adopt the
terms and conditions fixed in the unions' collective bargaining
agreements.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

Although there is no specific constitutional or statutory ban
on forced or compulsory labor, it does not occur.

     d.  Minimum Wage for Employment of Children

The minimum age for employment of children is 15 years.
Children of age 13 or 14 may be employed in light duties for
not more than 9 hours a week during the school year, and for 15
hours otherwise.  Employment of youths between ages 15 and 20
is strictly regulated; they cannot work at night, on Sundays,
or under hazardous conditions.  The Federal Office for
Industry, Trade, and Labor effectively enforces the law on
working conditions.

     e.  Acceptable Conditions of Work

There is no national minimum wage.  The lowest wages fixed in
collective bargaining agreements are generally adequate to
provide a decent standard of living for workers and their
families.

The Labor Act sets a maximum 45-hour workweek for both blue-
and white-collar workers in industry, services, and retail
trades, and a 50-hour workweek for all other workers.  The law
requires a rest period during the workweek, and limits overtime
to 120 hours annually.

The Labor Act and the Federal Code of Obligations extensively
provide for protection of worker health and safety.  The
Federal Office of Industry, Trades, and Labor rigorously
enforces these provisions.  The Government is currently
overhauling the 1948 Labor Law, in part to strengthen
provisions for workers' health and safety.  A worker may opt
out of a dangerous assignment, without penalty.