Update: 05.05.2014

Coordination between the State and the Cantons for the implementation of international human rights

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.

Human Rights Committee CCPR

«The Committee reiterates its concern that the application of the State party’s obligations under the Covenant in all parts of its territory may be hampered by the particular federal structure of the State party. It reminds the State party that under article 50 of the Covenant the provisions of the Covenant “shall extend to all parts of federal States without any limitations or exceptions.” (art. 2)
The State party should take measures to ensure that the authorities in all cantons and municipalities are aware of the rights set out in the Covenant and of their duty to effectively ensure their implementation, including in cantonal courts.»

Committee against Torture CAT

«While taking into account the State party’s federal structure, the Committee is concerned by the fact that the cantons can differ in how they implement the State party’s obligations under the Convention (art. 2).
The State party should take the necessary steps to ensure that the authorities of all the cantons are aware of the rights stipulated in the Convention, and that they implement them as soon as possible, regardless of the structure of the State party.»

Committee on the Elimination of Discrimination against Women CEDAW

«The Committee underlines that the Federal Government has the primary responsibility for ensuring the full implementation of the State party’s obligations under the Convention. In line with its previous concluding observations of 2003, the Committee recommends that the State party ensure, particularly through effective coordination, the coherent and consistent application of the Convention at all levels and in all areas.»

Committee on the Elimination of Racism CERD

«The Committee underscores once again the responsibility of the Federal Government of Switzerland for the implementation of the Convention. The State party is invited to play a proactive role, leading the authorities of the cantons and communes to fully implement the Convention in conformity with article 54 (1) of the Federal Constitution. The Confederation should use and reinforce all existing mechanisms to monitor compliance with the provisions of the Convention, including by clearly formulating human rights requirements for the cantons and communes.»

Committee on the Rights of the Child CRC

«The Committee recommends that the State party establish an adequate permanent national mechanism to coordinate the implementation of the Convention at the federallevel, between the federal and the cantonal levels and between cantons.»

© humanrights.ch / MERS - Hallerstr. 23 - CH-3012 Bern - Tel. +41 31 302 01 61