In 2014, the federal government commissioned a study from the SCHR on jurisdiction in cas-es of infringements of human rights by transnational business enterprises. The analysis con-centrates on the ways in which those affected by human rights abuses committed by Swiss companies abroad can claim effective remedy before Swiss courts. The study evaluates Switzerland in comparison with the international community, and identifies any future measures.
In fulfilment of postulate 14.3663 "Zugang zur Wiedergutmachung" ['Access to remedy'], sub-mitted by the Council of States Foreign Affairs Committee, the Federal Council is also analys-ing which judicial and non-judicial measures are being put in place by other States to permit persons whose human rights have been violated by a company in a host state to seek reme-diation in that company's home State. Drawing on the study, by 2019 the Federal Council will examine possible measures in the Swiss context.
As part of work in fulfilment of motion 14.4008 "Anpassung der Zivilprozessordnung" ['Amend-ment of the Civil Procedure Code'] and postulate 14.3804 "Zivilprozessordnung. Erste Erfahrungen und Verbesserungen" ['Civil Procedure Code. Initial experience and improve-ments'], the Federal Council is currently examining the law of civil procedure in order to identify shortcomings. It will submit any proposed revisions to Parliament by the end of 2018 at the latest. The situation with regard to legal costs, in particular, is to be investigated.
Furthermore, in fulfilment of motion 13.3931 "Förderung und Ausbau der Instrumente der kollektiven Rechtsdurchsetzung" ['Furthering and extending class action instruments'], the Federal Council is also currently drawing up draft bills which will make it easier for a number of injured parties in low-value and mass claims to bring a class action. Individual aspects of the existing instruments are to be improved, and new instruments introduced.
Modification of the Code of Civil Procedure (in German)