OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights
Institution of Switzerland
I.
INTRODUCTION
1.
On 12 July 2017, the OSCE Office for Democratic Institutions and Human Rights
(hereinafter “OSCE/ODIHR”) received a request from the Permanent Mission of
Switzerland to the OSCE in Vienna to review the Draft Federal Law on the Support to
the National Human Rights Institution of Switzerland (hereinafter “the Draft Act”).
2.
On 13 July 2017, the OSCE/ODIHR responded to this request, confirming the Office’s
readiness to prepare a legal opinion on the compliance of the Draft Act with
international human rights standards and OSCE human dimension commitments.
3.
This Opinion was prepared in response to the above-mentioned request.
II.
SCOPE OF REVIEW
4.
The scope of this Opinion covers only the Draft Act submitted for review. Thus limited,
the Opinion does not constitute a full and comprehensive review of the entire legal and
institutional framework regulating the protection and promotion of human rights and
fundamental freedoms in Switzerland.
5.
The Opinion raises key issues and provides indications of areas of concern. In the
interest of conciseness, it focuses more on areas that require amendments or
improvements than on the positive aspects of the Draft Act. The ensuing
recommendations are based on international and regional standards and practices
governing national human rights institutions (hereinafter “NHRIs”), as well as relevant
OSCE commitments. The Opinion also highlights, as appropriate, good practices from
other OSCE participating States in this field.
6.
Moreover, in accordance with the Convention on the Elimination of All Forms of
Discrimination against Women1 (hereinafter “CEDAW”) and the 2004 OSCE Action
Plan for the Promotion of Gender Equality and commitments to mainstream a gender
perspective into OSCE activities, programmes and projects, the Opinion analyses the
potentially different impact of the Draft Act on women and men.2
7.
This Opinion is based on an unofficial English translation of the Draft Act
commissioned by the OSCE/ODIHR, which is attached to this document as an Annex.
Errors from translation may result.
8.
In view of the above, the OSCE/ODIHR would like to make mention that this Opinion
does not prevent the OSCE/ODIHR from formulating additional written or oral
recommendations or comments on the respective legal acts or related legislation
pertaining to the legal and institutional framework on the protection and promotion of
human rights in Switzerland in the future.
1
2
UN Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “CEDAW”), adopted by General
Assembly resolution 34/180 on 18 December 1979. Switzerland ratified this Convention on 27 March 1997.
See par 32 of the OSCE Action Plan for the Promotion of Gender Equality adopted by Decision No. 14/04, MC.DEC/14/04 (2004),
<http://www.osce.org/mc/23295?download=true>.
3