Dienstag, 30. November 2021

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–– REPORTS AND ANALYZES ––

The accelerated asylum procedure: "satisfactory" is not good enough
The asylum procedure changed significantly with its revision in 2019. Two years after its introduction, an initial evaluation now rates the accelerated procedure as “fundamentally satisfactory”. This is unsatisfactory from a human rights perspective: targeted adjustments are necessary to protect asylum seekers.


Tax solidarity between (ex) spouses discriminates against women
Many women are sued by the tax authorities every year for the tax debts of their (ex) husbands. The canton of Vaud is one of the last Swiss cantons to provide the married couple with joint and several liability for all tax amounts still outstanding at the time of separation. All cases negotiated by the Cantonal Court of Vaud concerned women with joint and several liability; nevertheless, all Swiss authorities have so far refused to recognize the indirect discrimination it has caused.

–– SWISS JURISDICTION ––

Dublin returns to Italy permitted again
In a reference judgment, the Federal Administrative Court decided that families with small children may be transferred back to Italy in the Dublin procedure - due to the individual assurance of suitable accommodation by the Italian authorities. In reality, however, the conditions are still precarious and there is a serious risk of inhuman and degrading treatment.


Human trafficking for labor exploitation: An encouraging decision from Geneva
Human trafficking for the purpose of labor exploitation is also a reality in Switzerland. However, the phenomenon is largely underestimated and those responsible are only rarely called to account. There are many reasons for this: the legal provisions are vague and are interpreted too narrowly by the courts. It also turns out to be difficult to get at the testimony of the victims. A first conviction by a Swiss court in the construction sector paves the way for a change in case law.


Kosiah Case: An Important Judgment for International Jurisdiction
Thanks to the principle of universal jurisdiction, more and more people around the world are being held accountable for international crimes. This is also the case in Switzerland: In June 2021, the former Liberian commander Alieu Kosiah was the first war criminal convicted by the federal criminal court. It is to be hoped that the judgment heralds a change of direction: Switzerland is regularly criticized for its inadequate commitment to the prosecution of international crimes.

–– STATE REPORTING PROCEDURE ––

Review of Switzerland by the CERD
The UN Committee against Racism met Switzerland in its 105th session on 16./17. Reviewed November 2021. humanrights.ch participated as an NGO representative in the question and answer session and an informal exchange with the experts from the CERD.


Review of Switzerland by the CRC
On September 27, 2021, the UN Committee on the Rights of the Child published its concluding remarks and recommendations on the implementation of the UN Convention on the Rights of the Child in Switzerland.

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Language Charter and Framework Convention for the Protection of National Minorities
On October 1, 2021, the Federal Council adopted a combined report by Switzerland on the implementation of the Framework Convention of the Council of Europe for the Protection of National Minorities and the European Charter for Regional or Minority Languages.


–– IMPORTANT EXTENSIONS ––

Basics in Swiss German sign language
The videos in Swiss German Sign Language (SDGS) for selected texts from the “Basics” section are available again.


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With kind regards

Valentina Stefanović
Head of German-language editing of the information platform
humanrights.ch

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