Public Law Division

Legislation Projects Units I and II
International Human Rights Unit
Compulsory Social Measures Unit

Legislation Projects Units I and II

Legislation Projects Units I and II are responsible for preparing public law enactments for which the FJDP is in overall charge. These are laws related to the functioning of state institutions, federalism and democracy; to the implementation of fundamental rights and, in general, to all matters that do not fall within the remit of any other department or area of management. Projects involve all legislative levels (Constitution, acts, ordinances). In addition, the two units help to improve the drafting and evaluation of legislation within the administration. They organise the legislation course and the legislation forum and develop legislative drafting tools for the administration (e.g. the guide on legislative drafting).

Legislation Projects Unit I mainly deals with legislation projects relating to the protection of personal data, equality (in particular the equal treatment of men and women), artificial intelligence, transparency in the Administration, transparency of political party funding, federalism, relations between the Confederation and the cantons, and regional autonomy. It also drafts dispatches guaranteeing cantonal constitutions and legislation on issues related to religion within federal jurisdiction. It is the Confederation’s point of contact for matters relating to religious freedom and ensures coordination between the federal services in this area.

The most important fields of activity of the Legislation Projects Unit II (RP II) are victim support, procedural law and the organization of the judiciary, as well as gambling, the law governing the legal profession and the political rights at constitutional level. RP II also carries out oversight tasks in the areas of gambling, the law governing the legal profession and victim support. RP II is also responsible for issues relating to political rights, administrative procedures such as administrative penalties and in-house lawyers. Furthermore, RP II is responsible for complaints to the Federal Council and projects, that are formally within the remit responsible of the Federal Assembly, such as the introduction of the voting age of 16.

Other issues can be assigned to either of the two units (e.g. government reform, organisation of the judiciary, etc.).

International Human Rights Unit

The International Human Rights Unit deals with legal questions on human rights both at international level (Council of Europe, United Nations) and at national level (incorporating human rights protection instruments into national law). Its tasks include compiling and submitting Switzerland’s periodic reports on the UN Pact II (the International Covenant on Civil and Political Rights), and assisting in compiling and presenting reports on other international human rights agreements by the respective lead agency. The unit also plays a part in international organisations‘ committees of experts on human rights issues, especially Council of Europe committees, in preparing the conferences of the European ministers of justice for the head of the Federal Department of Justice and Police, and in supporting the work of the Swiss Centre of Expertise in Human Rights (SCHR).

The head of unit represents Switzerland at the European Court of Human Rights (ECHR), on the UN Committee against Torture (CAT), on the UN Committee on the Elimination of Discrimination against Women (CEDAW), and on the UN Committee on the Elimination of Racial Discrimination (CERD).

Compulsory Social Measures Unit

Switzerland currently coming to terms with a bleak period in its social history: the treatment suffered by children and young people as a result of compulsory social measures and forced placements outside their families prior to 1981. The Federal Act on Compulsory Social Measures and Placements prior to 1981 (CSMPA) came into force on 1 April 2017.

The CSMPA contains the legal basis for paying reparation to the victims of these measures. In recognition of the injustice that they suffered, and as an expression of social solidarity, victims are entitled to a payment of CHF 25,000. Applications for this solidarity payment should be submitted to and are assessed by the Compulsory Social Measures Unit.

The Compulsory Social Measures Unit also has a coordinating and supporting role, in particular in relation to self-help projects for victims and others who have been affected, and in connection with publicising and exploiting the results of research into compulsory social measures and placements.

Note

For the complete documentation see the pages in German, French or Italian.