SWITZERLAND Law and Practice Contributed by: Liburn Mehmetaj, Roxane Allot and Andreas Hösli, Walder Wyss Ltd
firing a woman for being pregnant is illegal and warrants compensation. While not “BHR” in the transnational sense, they show Swiss courts’ firm stance on ensuring that busi - nesses respect individuals’ rights (including human rights). • Compensation Claim/Injunction Against Producer of Building Materials: In July 2022, four inhabitants of an Indonesian island sued a major Swiss-based building materials company. Reportedly, the plaintiffs request (i) proportional compensation for climate change-related damages on the island; (ii) a reduction of CO₂ emissions by 43% by 2030 and by 69% by 2040, relative to 2019 levels; and (iii) a financial contribution to adaptation measures on the island. The landmark case, which remains pending at the time of writing, combines human rights with climate change arguments. 4.3 Grievance Mechanisms In addition to, but separate from, civil, admin - istrative and criminal proceedings, there is a non-judicial state-based grievance mechanism through which business-related human rights complaints can be made: the Swiss National Contact Point (NCP) established under the OECD Guidelines (see 2.1 International ). While not representing enforcement in a strict sense, these cases are a state-backed mechanism to resolve issues and prompt compliance with human rights standards (for more details, please see the Switzerland Trends and Developments article in this guide). In addition, complaints in relation to labour- related human rights abuses may be notified to the competent authorities, in particular, at the federal level, the State Secretariat for Economic Affairs (SECO).
In 2023, Switzerland operationalised its National Human Rights Institution (NHRI) – an independ - ent centre for human rights expertise. While pri - marily its role is research, advising authorities, and awareness-raising, the NHRI may also offer a point of contact for human rights concerns. The NHRI could, for example, publish recom - mendations on a specific matter or facilitate dia - logue in a difficult human rights-related dispute. However, it does not have a mandate to provide remedies or adjudicate cases. 5. Business and Human Rights in Action 5.1 Best Practices Many businesses in Switzerland have adopted BHR-related best practices. These best prac - tices have generally been driven by a combina - tion of international frameworks, supply chain risk management, stakeholder expectations, and emerging due diligence legislation. Nota - bly, as previously described (see 2.2.2 Corpo- rate Human Rights Due Diligence Legislation ), some of these “best practices” are actually in response to mandatory due diligence legislation in Switzerland. Key BHR-related best practices observed among Swiss companies include: • Human rights policies: It is now common for large Swiss companies (and an increasing number of mid-sized ones) to adopt a formal human rights policy, sometimes as part of a broader code of conduct. These policies commit the company to respect human rights in line with international standards such as, in particular, the UN Guiding Principles, the OECD Guidelines, and ISO standards.
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