The delegation of Represented by Dubai

The Swiss Confederation Carmel School

POSITION PAPER FOR UNITED NATIONS WOMEN

The United Nations Women, UNW, officially known as The United Nations Entity for Gender
Equality and the Empowerment of Women, was established in 2010 with the aim of eliminating
discrimination against women and girls. The topics before the committee are “Legalization for
the regulation of birth control and abortions ( Roe v Wade)” and “Addressing Child Marriage:
Protecting Girl’s Rights”. Switzerland has significantly contributed to the development of UN
women programs through financial support.

I. Legalization for the regulation of birth control and abortions (Roe v. Wade)

In centuries past, early birth control methods were herbal remedies that date back to the Romans’
use of the silphium flower as a contraceptive, such methods offered limited efficacy and several
health risks. It was not until the early 20th century that safer contraceptive and abortion methods
were introduced, such as the origination of birth control pills in 1960. Due to a spark in feminism
after World War II, the UN charter added the fundamental human right for all without
discrimination, after which more UN conferences were held regarding women’s reproductive
rights. Consecutively, in 1973 the case of Roe v. Wade took place which affirmed women's
constitutional right to choose abortion. Nonetheless, abortion laws have seen radical shifts
including the overturning of Roe V Wade in 2022, marking a significant change in constitutional
abortion rights.

Since 2002, Switzerland permitted abortion during the initial 12 weeks of pregnancy only under
certain circumstances, which are stated in Article 119 of the Swiss Penal Code. The Federal
Health Insurance Act stipulates that the costs of termination of pregnancy are covered by the
compulsory basic health insurance. Switzerland demonstrates a commitment to Sexual and
Reproductive Health and Rights (SRHR) as it provides accessible services, including abortion
and contraception. In addition, Switzerland promotes SRHR through various laws, policies, and
programs. The Federal Council has taken measures to address disparities in SRHR services such
as sensitization, training of healthcare professionals, and inter-cultural translation of information
available regarding information and contraceptives. Switzerland strongly indicates by ratifying
the CEDAW in 1997, in addition to giving its consent to CEDAW’s optional protocol in 2008,
that the complete decriminalization of abortion is a violation of the rights to life and the health of
women. Moreover, Switzerland had donated to and supported the ICPD program of action,
which stated that “The criminalization of abortion is particularly heinous because it only impairs
women’s right to reproductive choice.”. Moreover, Switzerland has been a strong party of
UNFPA since 1972, and remains active in UNFPA’s Programmes especially those regarding the
strengthening of SRHR of youth, indicating its commitment to offer SRHR services of high
quality and in an easily accessible manner. In late August 2023, The Federal Council supported a
request to reevaluate abortion law. The parliamentary initiatives were approved by all except the
People’s Party and have a good chance of being enforced soon. Switzerland provides a broad
range of birth control and offers free information regarding contraceptives. The federal law
The delegation of Represented by Dubai
The Swiss Confederation Carmel School

mandates that all cantons offer free counseling services for pregnancy, contraception, and family
planning. Emergency contraceptives are available in pharmacies, family planning clinics,
hospitals, and from physicians in private practice, most of which do not require a prescription.

Switzerland emphasizes women’s rights to access safe abortion and a range of contraceptives as
a way of family planning in order to maintain the prevalence of unsafe abortion. Recalling
Resolution 1607 (April, 2008) entitled “Access to safe and legal abortion in Europe “ and
Resolution 2331 (June, 2020) “Empowering women: Promoting access to contraception in
Europe” which reiterated the significance of women’s access to contraceptives and safe abortion
services as a measure to ensure women’s rights. Switzerland encourages world nations to ensure
women’s access to SRHR through supporting international programs and initiatives, in addition
to introducing lenient laws.

II. Addressing child marriage: Protecting girl’s rights

Child marriage, a practice involving individuals either both under the age of 18 or just one, has a
history dating back to over a century ago, as the British colonial government had taken early
steps in raising the minimum age of marriage in British India in 1930. Despite these efforts, child
marriage persisted due to the lack of enforcement. Child marriage was addressed as a human
rights issue for the first time in international law in 1962. International legal instruments like
CEDAW which was concluded in 1981, and UNCRC which into force in 1989, have clearly
addressed child marriage as a violation of human rights. Aligned with UN Sustainable
Development Goals, UNICEF and UNFPA launched the Global Program to End Child Marriage
in 2016 to empower at-risk girls. Moreover, UNFPA promotes policies and legislation aimed at
suppressing child marriage.

Since Switzerland’s ratification of CRC and CEDAW in 1997, which sets a legal minimum age
for marriage and ensures consent of the individuals, the country abided by and introduced article
94 of the Swiss Civil Code setting the legal minimum age for marriage at 18 years,
demonstrating its commitment to end child and forced marriage. Furthermore, Switzerland has
shown great support for the elimination of child marriage by co-sponsoring multiple Human
Rights Council resolutions in addition to the 2013,2014,2018, and 2020 UN General Assembly
resolutions on child, early, and forced marriage. The country continued its efforts to combat child
marriage by being a leading global advocate for gender equality, as well as by funding initiatives
promoting the rights of women and girls via the Swiss Agency for Development and
Cooperation. Switzerland strongly indicates, by ratifying the Istanbul Convention, that child and
forced marriage is a form of violence against girls and women. In addition, Switzerland has also
supported the NGO Centre for Competence against forced marriage to establish an online
platform for at-risk individuals to declare their unwillingness to marry whilst abroad.
Switzerland has endorsed the Human Rights Council resolution on Child, Early and Forced
marriage in times of crisis, by signing it in 2021. The country has also signed a joint statement at
The delegation of Represented by Dubai
The Swiss Confederation Carmel School

the Human Rights Council calling for a resolution on child marriage. Moreover, the Swiss
Government signed a charter at the London Girl Summit in 2014, committing to end child
marriage.

Switzerland urges the development of organizations such as Girls Not Brides and many others
that aim to eliminate child marriage needed to lower the prevalence rate globally. The UN
Human Rights Council should launch an agreement that orders world nations to set a legal
minimum age for marriage in addition to setting a national strategy to combat child marriage.

References

Eddy H.F. Tam,Impact of British Colonial Gender Legal Reforms : Evidence from Child
Marriage Abolition Act, 192.
https://www.aeaweb.org/conference/2021/preliminary/paper/GT3z8zsR

Kim, M., Longhofer, W., Boyle, E. H., & Brehm, H. N. (2013). When Do Laws Matter? National
Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility, 1989-2007. Law &
Society Review, 47(3), page 591. http://www.jstor.org/stable/43670347

Child marriage threatens the lives, wellbeing and futures of girls around the world, last updated
july 2023 https://www.unicef.org/protection/child-marriage

Learning and resources, Switzerland.

Universal Periodic Review of Switzerland 42nd session January - February 2023. Pages 3-5
https://www.sexuelle-gesundheit.ch/assets/docs/Universal-Periodic-Review-of-Switzerland-Sexu
al-Health-Switzerland-and-SRI-07-2022.pdf

Donor contributions, Switzerland https://www.unfpa.org/donor/switzerland-0

Women seeking abortion still experience stigma in Switzerland, September 20th 2023.
https://www.swissinfo.ch/eng/business/women-seeking-abortion-still-experience-stigma-in-switz
erland/48814516

Parliamentary Assembly, Access to safe and legal abortion in Europe, Resolution 1607 (2008)
https://pace.coe.int/en/files/17638/html
The delegation of Represented by Dubai
The Swiss Confederation Carmel School

Parliamentary Assembly, Empowering women: promoting access to contraception in Europe,