OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland powers, funding and lines of accountability).20 The said legislation may then refer to another law or secondary legislation for further elaboration of these aspects. 21. Currently, the Draft Act does not specify these elements, which raises the question of whether such legislation can serve or is even intended as a sufficient legal basis for establishing an NHRI according to the Paris Principles. This means that in order to comply with the Paris Principles, Switzerland should either significantly expand the Draft Act to address all the above-mentioned elements (see also Sub-Sections 3 to 5 infra) or adopt a separate act officially establishing an NHRI that would cover all these aspects. 2.1. Institutional Framework on the Protection and Promotion of Human Rights in Switzerland 22. The Draft Act provides the legal basis for the financing of an NHRI for Switzerland, whose main role is to “promote human rights in Switzerland” (Article 3 par 1). The Explanatory Statement to the Draft Act specifies that the decision to set up the NHRI builds upon a pilot project launched in 2011, which established a university network in the form of the Swiss Centre of Expertise in Human Rights (hereinafter “SCEHR”).21 Same as the SCEHR, the new institution will be attached to universities or higher education institutions (Article 2). However, contrary to the existing scheme whereby the Confederation purchases specific services from the SCEHR, the Draft Act will provide an overall operating grant of about one million Swiss Francs to the NHRI,22 which will then be free to allocate these funds in accordance to its needs and identified priorities. 23. In its latest Concluding Observations on Switzerland from August 2017, the UN Human Rights Committee, while welcoming the Draft Act, expressed concerns regarding, among others, the contemplated budget, which will remain the same as the one currently provided to the SCEHR.23 The Human Rights Committee also regretted the fact that the new institution will have no human rights protection mandate and that it will be attached to universities or higher education institutions.24 Moreover, in previous recommendations to Switzerland, various human rights monitoring bodies emphasized the need to strengthen the SCEHR’s gender equality mandate25 and to establish a specific independent mechanism for monitoring children’s rights that is able to receive, investigate and address complaints by children in a child-sensitive manner, ensure the privacy and protection of victims, and undertake monitoring and follow-up activities for them.26 These bodies also recommended that the future NHRI should have a broad human rights mandate that includes economic, social and cultural rights,27 and that it be provided with adequate financial and human resources, in conformity with the Paris Principles.28 These aspects should be further discussed in the context of preparing the Draft Act, and could be integrated into a substantially expanded revised 20 21 22 23 24 25 26 27 28 See op. cit. footnote 9, Justification to General Observation 1.1. Op. cit. footnote 19, Sub-sections 1.1 to 1.3 (Explanatory Statement to the Draft Act). ibid. Sub-Section 1.2 (Explanatory Statement to the Draft Act). Op. cit. footnote 4, par 14 (2017 UN HRC’s Concluding Observations on Switzerland). ibid. par 14 (2017 UN HRC’s Concluding Observations on Switzerland). Op. cit. footnote 4, pars 18-19 (2016 UN CEDAW’s Concluding Observations on Switzerland). Op. cit. footnote 4, pars 18-19 (2015 UN CRC’s Concluding Observations on Switzerland). Op. cit. footnote 4, par 6 (2010 UN CESCR’s Concluding Observations on Switzerland). Op. cit. footnote 4, par 15 (2017 UN HRC’s Concluding Observations on Switzerland); and ibid. par 6 (2010 UN CESCR’s Concluding Observations on Switzerland). 9