COMMITTEE ON ECONOMIC, SOCIAL

AND CULTURAL RIGHTS

I. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ARTICLES 1 TO 5)

1. Please provide information on how the issue of economic and cultural self-determination of national minorities is being dealt with in Swiss legislation.

2. Please provide statistical information on the principal characteristics of the population, their relative distribution by language and canton, and on the number of foreigners residing in the country.

3. Please report on whether the foreigners who are legally residing in the country have the same rights to work, to equal pay and to equal access to health, education and housing facilities.

4. Paragraph 29 refers to the persistence of "certain discrimination against foreigners" who are "sometimes subject to specific regimes". Could you please inform the Committee about: (a) the causes and the extent of this discrimination; and (b) the effective steps being taken in order to eradicate it.

5. Please explain in more detail the points raised in paragraphs 30 and 31 of the report relating to the persistence of certain forms of discrimination against foreign nationals who are legally residing in the country in the areas of work, social security and higher education.

6. Please report on the measures being taken to eradicate the inequalities that exist between men and women with regard to salaries, and explain why more women are employed in the generally less paying jobs (paragraph 48).

II. ISSUES RELATING TO SPECIFIC PROVISIONS OF THE COVENANT (articles 6 to 15)

Article 6: The right to work

7. Please indicate how article 31 of the Constitution can be effectively enforced if the right to work is not guaranteed (paragraphs 76 and 77).

8. Please provide more information on the law on unemployment benefits (LACI), and the extent of its application (paragraph 87).

9. Please indicate the fundamental reasons why foreigners who are legally residing in the country have an unemployment rate more than double that of Swiss nationals (table 1) and report on the practical measures, if any, being taken to mitigate this anomaly.

10. Please explain in greater detail the objectives and modality of application of the programme of temporary employment (paragraph 92).

11. Please provide more detailed information on the possibilities of employment for the handicapped and how their right to work is respected.

12. In connection with emerging trends in the banking sector, please provide information on the social protection measures the authorities plan to take with respect to the affected persons.

Article 7: The right to just and favourable conditions of work

13. Please provide information on the coverage and applicability of collective labour agreements (CCT).

14. Please explain the compatibility of the principle of equality in employment between men and women with the fact that men are generally paid substantially more than women (table 3 and paragraph 140).

15. Please indicate the reasons for asserting that it is impracticable to enforce the principle of "equal pay for equal work" for men and women (paragraphs 144-147).

16. Please explain the criteria used to draw a distinction between "professional" and "non-professional" accidents, and indicate why women tend to have proportionally more "non-professional" accidents than "professional" accidents (table 4).

17. Please provide information on the situation of agricultural workers, particularly with regard to their system of remuneration, the safety of their employment, the duration of their working week and their paid holidays.

Article 8: Trade union rights

18. Please explain the statements made with respect to the right to strike (paragraphs 212-219).

19. Please explain why the right to strike is not protected by law and is unduly restricted with respect to certain categories of workers (paragraphs 227-230).

Article 9: Right to social security

20. Please indicate the position of foreign nationals who are legally residing in the country with regard to unemployment compensation, retirement benefits and health insurance for themselves and their families.

21. Please indicate whether the provisions of paragraph 279 apply also to foreign nationals legally residing in the country.

22. Please indicate why agricultural workers are treated differently in matters of family allowances (paragraphs 375-376).

Article 10: Protection of the family, mothers and children

23. Please provide information on the outcome of the revision of legislation relating to divorce.

24. Please provide information on the latest definition of the "family" (paragraph 391).

25. Please provide further information on the subject discussed in paragraph 392, particularly with respect to the interpretation of the statistics given therein.

26. Please provide information on the measures adopted for the protection of the rights of children of broken marriages between nationals and non-nationals.

Article 11: Right to an adequate standard of living

27. Please indicate how a person in need of public assistance can prove his or her claim (paragraphs 455-459).

28. Please indicate the steps taken to alleviate poverty, especially with respect to those under 40 years old.

29. Please indicate the measures being undertaken to ameliorate the living conditions of the homeless (paragraph 484).

30. Please provide information on forced evictions in your country, and indicate the measures being adopted in order to protect the rights of forcibly evicted persons.

Article 12: The right to health

31. Please indicate what measures, if any, are being applied to reduce the inequality discussed in paragraph 541.

32. Please provide more information on ill-treatment of children mentioned in paragraph 548 and indicate the measures adopted for their protection against such abuses.

33. Please provide information as to how the economic, social and cultural rights of persons infected with HIV can be protected.

34. Please indicate the measures being adopted to combat the spread of alcoholism and the use of drugs, particularly among the young.

35. Please provide information on the methods and extent of care provided for the elderly and persons with disabilities.

Articles 13 and 14: The right to education

36. Please provide information on the probable causes of why girls tend to be less inclined than boys to pursue their studies beyond the age of compulsory education (table 32 and paragraph 705).

37. Please indicate whether the children of non-nationals enjoy the same rights to secondary and higher education as the children of Swiss citizens.

38. Paragraph 741 refers to free primary education. Does this mean that the other levels of education are not free, and if not, what happens to the children of needy families? Please elaborate.

Article 15: Right to participate in cultural life

39. What measures have been taken to prevent the dissemination of works and behaviour which would tend to foment religious, racial, ethnic or national hatred?

40. Please indicate what measures have been taken by the Government to preserve the Romanche language.