Swiss Law and the United Nations Convention on the Rights of the Child (From Children's Rights: A Comparative Perspective, P 223-241, 1996, Michael Freeman, ed. -- See NCJ-161805)

• NCJ Number: 161815
• Author(s): O Guillod
• Date Published: 1996
• Length: 19 pages
• Sale Source: Dartmouth Publishing Co Limited
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

Although Switzerland has not yet signed the UN Convention on the Rights of the Child, this paper compares the Convention's standards with Swiss law and practice related to the rights of children.

Abstract

Switzerland's political leaders are in sympathy with the general intent of the Convention but are still debating whether to enact the legislative amendments needed to comply with the Convention or to ratify the Convention with reservations that would not require extensive modification of current Swiss law. The Convention is not likely to become part of Swiss law before 1997. Generally, Swiss law is consistent with the provisions of the Convention, since the substance of the Convention was largely influenced by the law and practice of Western nations and because the Convention reflects a consensus of all states and nongovernmental organizations that participated in its elaboration. The Convention is built on a few fundamental concepts that are also basic tenets of Swiss law. Five of the most significant of these principles are the recognition of the child as a legal subject, the best interests of the child in any decision concerning the child, the dignity of the child in all dealings with the child, nondiscrimination toward children, and the primary role of the family. This chapter also identifies some incompatibilities between Swiss law and the Convention in the following areas: nondiscrimination against children, the right to acquire a nationality, the right to be raised under the common responsibility of both parents, the right to benefit from child- care services, the right to benefit from social security and the right to an adequate standard of living, and the right to know one's parents. Incompatibility in the area of procedural rights pertains to the general right to be heard, the special right to be heard in proceedings that can lead to an out-of-home placement, procedural rights in criminal proceedings, and the right to be detained separately from adults. 68 notes