Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. The Committee notes with satisfaction the adoption on 24 March 1995 of the Federal Act respecting equality between women and men, which improves the situation of women by providing protection against any direct or indirect sexual discrimination in employment relationships, from recruitment to the termination of the relationship. The Act provides for more severe sanctions for violations of the prohibition against discrimination. It lessens the burden of proof - the existence of discrimination is assumed when the person claiming discrimination demonstrates the likelihood - in the case of disputes based on discrimination in the employment relationship, except disputes relating to recruitment or sexual harassment. This latter is deemed to be a case of prohibited discrimination. The Committee notes from the report that the date of the coming into force of the Act would appear to be 1 July 1996 and that an ordinance has to be issued under the Act at the federal level, while the cantons have to adapt their legislation on procedural law and the public service regulations. The Committee would be grateful if the Government would keep it informed of the effective coming into force of the above Act and if it would provide it with copies of the texts issued thereunder and information on the effect given to it in practice.

2. The Committee notes with interest the establishment on 1 January 1995 of the Office for Equality between Women and Men of the Canton of Lucerne. It also notes the elevation of the Federal Equality Office to a higher rank and that it reports directly to the head of department. The Committee would be grateful to receive information on the measures that have been taken or are envisaged at the cantonal level to strengthen their equality offices, particularly through the provision of sufficient human and material resources to enable them to play their role, especially in promoting and supervising the implementation of the Act respecting equality between women and men.

3. The Committee is addressing a request directly to the Government on other matters.