CAT/C/CHE/CO/6 an unacceptable rate of violence against women, especially in the home. In this respect, it is concerned that statements made by the authorities criticizing police action in cases involving persons with international protection conveys the wrong message as far as combating impunity is concerned. It also notes with concern the continued lack of a specific provision in the Criminal Code targeting violence against women (arts. 2 and 16). The State party must ensure that a provision is inserted in its Criminal Code specifically aimed at preventing and combating violence against women. The State party must also act to raise the public’s awareness of all forms of violence against women. It must ensure that victims of violence can make complaints without fear of reprisals, and it must train and encourage police to protect the victims of domestic violence, even when it occurs in the home, in accordance with article 5 of the Federal Victims Assistance Act (II). The State party should firmly combat impunity in cases of domestic violence by opening inquiries, and prosecuting and punishing perpetrators in accordance with the seriousness of their acts. 21. The Committee is concerned that the requirements of article 50 of the Federal Act on Foreign Nationals of 2005, in particular the proof of problems in resettling in the country of origin, make it difficult for foreign women who have been married for less than three years to a Swiss national or a foreigner with a residence permit, and who are victims of domestic violence, to leave their spouse or seek protection, for fear of not having their residence permits renewed (arts. 13, 14 and 16). The State party should consider amending article 50 of the Federal Act on Foreign Nationals in order to enable migrant women who are victims of violence to seek protection without necessarily forfeiting their residence permit, taking as a reference the Federal Tribunal’s ruling of 4 November 2009 (ATF 136 II 1), which states that “either conjugal violence or serious difficulty in resettling in the country of origin may […] be considered to constitute sufficient compelling personal reasons”. Trafficking in persons 22. While noting the measures taken by the State party to combat human trafficking, in particular trafficking in women and girls for purposes of sexual exploitation, the Committee is concerned that trafficking in persons still persists in the State party (arts. 12, 13 and 16). The State party must continue its efforts to combat human trafficking, particularly in women and girls for purposes of sexual exploitation, by adopting a comprehensive strategy, improving prevention and ensuring that victims, including those who cooperate with the justice system, are protected. The State party must also prosecute and punish perpetrators, and inform the Committee of the results of cases currently being prosecuted. Corporal punishment 23. While taking note of information supplied by the State party, according to which the jurisprudence of the Federal Tribunal confirms the ban on corporal punishment, including for educational purposes, and that corporal punishment is also covered by article 126 (2) of the Criminal Code, the Committee notes with concern that corporal punishment is not specifically prohibited under the legislation of the State party (art. 16). The State party should specifically prohibit corporal punishment in its legislation. To that end, the Committee urges the State party to relaunch the 06.419 VermontMangold parliamentary initiative, aimed at enacting legislation to protect children from corporal punishment and other affronts to their dignity, which was shelved by Parliament. The Committee also calls upon the State party to carry out public- GE.10-42644 7

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