SWITZERLAND Law and Practice Contributed by: Liburn Mehmetaj, Roxane Allot and Andreas Hösli, Walder Wyss Ltd
1. Introduction 1.1 Business and Human Rights: A Summary Switzerland has a long-standing tradition of humanitarianism. The Swiss Confederation is a signatory to all core international human rights treaties. At the same time, many large multi - national companies are based in Switzerland, triggering issues of business and human rights (BHR). The domestic legal framework is based on fundamental protections for human rights, as enshrined in the Federal Constitution. In addi - tion to reporting obligations concerning BHR issues, there is a recent trend of extending busi - ness responsibility beyond business activities on Swiss territory, particularly through supply chain due diligence obligations relating to child labour and conflict materials. The Swiss Confederation is a party to all major international treaties and standards relating to human and labour rights. In addition, it has dem - onstrated active support for the implementation of major global BHR frameworks. As a founding member of the International Labour Organization (ILO) since 1919, Switzer - land has ratified all eight ILO Core Conventions, covering fundamental principles such as the elimination of forced or compulsory labour and child labour, non-discrimination in employment, and freedom of association. In particular, it has ratified the Forced Labour Convention (No 29), the Abolition of Forced Labour Convention (No 105), the Worst Forms of Child Labour Conven - tion (No 182) and the Minimum Age Convention (No 138). 2. Legal Framework 2.1 International
Switzerland ratified the European Convention on Human Rights (ECHR) in 1974. Switzerland is also a signatory to the Council of Europe Con - vention on Action against Trafficking in Human Beings, confirming its commitment to prohibiting child labour and all forms of modern slavery. Switzerland fully endorses the United Nations Guiding Principles on Business and Human Rights (UNGP). Switzerland has been supportive of their adoption and actively advocates for their implementation by Swiss businesses. Further, in 2007, Switzerland voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Further, Switzerland is an adhering state to the OECD Guidelines for Multinational Enterpris - es on Responsible Business Conduct (OECD Guidelines), which were last updated in 2023. As required by the OECD Guidelines, Switzer - land has established a non-judicial grievance mechanism to support the implementation of the OECD Guidelines, the Swiss National Contact Point (NCP) (see 4.1 Enforcement Activities ). In practice, the OECD Guidelines and related OECD due diligence guidance (for example, in the context of mineral supply chains or gar - ments) are promoted by Swiss authorities as benchmarks for corporate behaviour. 2.2 National and Regional 2.2.1 National Action Plan Switzerland has developed and periodically updated a National Action Plan on Business and Human Rights (NAP), as encouraged by the UN Working Group on Business and Human Rights. The first Swiss NAP was adopted in 2016, cover - ing the period 2016-2019. It was followed by a revised NAP for 2020-2023. In December 2024, the Federal Council adopted a new NAP, cover - ing 2024-2027.
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