International Feedback: immediate applicability of international human rights in Swiss law
In the following we have chosen some citations on the subject. At the end of each original citation you can find the source with a link to the complete text of the citation.
Enforceability of women's rights
«The Committee notes with concern that, although the doctrine of monism is applied in the State party, the Federal Council has expressed the view that theConvention’s content is largely programmatic and that its provisions are not directlyapplicable. The Committee is therefore concerned that Swiss law may not provide women with the necessary means to enforce all their rights under the Convention.
The Committee recommends that the State party ensure effectiveenforcement of the rights enshrined in the Convention and provide women withappropriate remedies in the courts for violations of the rights protected by theConvention. It also recommends awareness-raising campaigns about the Convention aimed at parliamentarians, the judiciary and legal professionals.The Committee requests that the State party report on progress made in this regard in its next periodic report and provide information on whether theConvention has been invoked before domestic courts.»
- Source: CEDAW 2003, al. 20-21
Immediate applicability of certain social rights
«The Committee disagrees with the position of the State party that provisions of the Covenant constitute principles and programmatic objectivesrather than legal obligations, and that consequently the provisions of theCovenant cannot be given legislative effect. The Committee does not share the view of the Swiss authorities and recalls that in its General Comment No. 3 of 1990 on the nature of States parties' obligations under article 2 of theCovenant, it refers to a number of provisions in the Covenant, such as thoseof article 8 on the right to strike and those of article 13 on the right to education, which seem to be capable of immediate application within the judicial system. The Committee is of the view that any suggestion that theabove-mentioned provisions are inherently nonselfexecutingseems to be difficult to sustain.»
- Source: CESCR 1998, al. 10
- Further source of information on the subject: CESCR 1998, al. 25
Update: 11.08.2010
