Update: 30.01.2019

Pact II: Reservations by Switzerland

When ratifying the Pact II, Switzerland made nine reservations, of which five were withdrawn. F.Seven reservations were made. The first withdrawn reservation concerned the prohibition to call to racial hate (art 20, al.2; RO 1996 7265) and was retired on 16 October 1995. The second was retired on 9 January 2004 and concerned the transparency of legal assistance (article 14, al.3d; RO 2004 1375). On 4 April 2007, three further reservations were retired: two about federal laws on the organization of criminal justice, which provide for an exception to the right of anyone convicted of a crime to have his conviction and sentence reviewed by a higher tribunal, where the person concerned is tried in the first instance by the highest tribunal (art. 14 al.1 and 5) and one concerning the separation of accused juvenile persons from adults (art. 10 al. 2 let. b). The four reservations still valid are:

  • Concerning article 12, al.1: The right to liberty of movement and freedom to choose one's residence is applicable, subject to the federal laws on aliens, which provide that residence and establishment permits shall be valid only for the canton which issues them.
  • Concerning article 20, al.1: Switzerland reserves the right not to adopt further measures to ban propaganda for war, which is prohibited by article 20, paragraph 1.
  • Concerning article 25, al.5b: The present provision shall be applied without prejudice to the cantonal and communal laws, which provide for or permit elections within assemblies to be held by a means other than secret ballot.
  • Concerning article 26: The equality of all persons before the law and their entitlement without any discrimination to the equal protection of the law shall be guaranteed only in connection with other rights contained in the present Covenant.

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