Reservations by Switzerland to the Convention on the Rights of the Child
Upon ratification of the Convention on the Rights of the Child, Switzerland made seven reservations about five articles (AS 1998 2053 in German / RO 1998 2053 in French). The following three reservations are still valid today:
- Concerning article 10 (1) CRC, which ensures family reunification: Swiss legislation, which does not guarantee family reunification to certain categories of aliens, is unaffected.
- Concerning art. 37 (c) CRC which ensures that children in detention are being kept separate from adults: the Swiss legislation does not guarantee minors to be separated from adults at all times.
- Concerning art. 40 CRC, which ensures penal law for minor (despite the latest modification of the Swiss Penal Code (dispatch FF 1999 1977)).
Switzerland withdrew four reservations:
- On 23 March 2004 (taking effect on 8 April 2004) Switzeralnd withdrew its reservation concerning art. 5 CRC (rights and duties of parents; AS 2004 3877 in German / RO 2004 3877 in French). This reservation was withdrawn upon a Council of States decision on 18 March 2004.
- On 1 May 2007 Switzerland withdrew its reservation concerning art. 7 (2) CRC (right to acquire a nationality; AS 2007 3839 in German / RO 2007 3839 in French). It fell because of the modification of the Swiss legislation on nationality (see art. 30 in German / in French), which guarantees the right to stateless children who lived in Switzerland for at least 5 years to acquire Swiss nationality. The Federal Council announced this on 4 April 2007.
- On 1 May 2007 Switzerland also withdrew its reservation concerning art. 40 (2) (b) (v) CRC (AS 2007 3839 in German / RO 2007 3839 in French). Art. 40 (2) (b) (v) CRC ensures certain guarantees in juvenile penal law.
- On 20 August 2003 (received by the UN-Secretary-General on 12 January 2004) Switzerland withdrew its reservation concerning art. 40 (2) (b) (vi) CRC (free assistance of an interpreter; AS 2004 339 in German / RO 2004 339 in French).