LGBT rights in Switzerland

LGBT rights in Switzerland

Location of  LGBT rights in Switzerland  (green)

in Europe  (dark grey)  –  [Legend]

Same-sex sexual activity legal? Legal in Geneva, Ticino, Vaud, and Valais since 1798. Legal nationwide since 1942. Age of consent equalised in 1992 through referendum.
Gender identity/expression Gender change is legal.
Military service Gays and lesbians allowed to serve in army.
Discrimination protections Sexual orientation protection in labor code since 2001 (see below)
Family rights
Recognition of
relationships		 Registered partnerships since 2007.
Adoption Banned
Gay Pride Parade in Zurich.

LGBT rights in Switzerland have evolved since the nationwide legalisation of homosexual acts in 1942, however LGBT persons may be faced with legal challenges not experienced by non-LGBT residents. Whilst the rights of individuals have traditionally had a high priority in Switzerland, there is a strong contrast between urban and rural areas with respect to public discourse about the rights of lesbian, gay, bisexual, and transgender citizens. Although some personal attitudes may change more slowly than legislation, the general public is tolerant of LGBT people, and thus bias-motivated violence and discrimination are uncommon. There are vibrant LGBT communities with a range of gay and lesbian subculture in the cities of Zurich, Bern, and Geneva, as well as the regional centres of Basel, Lucerne, Lausanne, and St Gallen.

The age of consent has been equal for heterosexual and homosexual sex since 1992, transgender people have the right to change their legal gender, LGBT persons are protected by anti-discrimination laws, and there has been legal recognition for same-sex relationships since 2007. However, anti-LGBT hate speech is yet to be outlawed, and same-sex couples are unable to adopt or marry.

History

Coming Out Day

Since the mid-1990s, an annual Coming Out Day has been held with various publicity events in order to encourage LGBT people to develop a positive relationship with their identity, particularly among young LGBT people.

Law regarding same-sex sexual activity

Same-sex sexual activity was decriminalised nationwide in 1942 though in the cantons of Geneva, Ticino, Vaud and Valais, same-sex sexual activities were decriminalized in 1798 in accordance with the Napoleonic Code.

The higher age of consent for same-sex sexual activity (20 years instead of 16 for heterosexual sexual activity) was repealed by the criminal law reform of 1992.[1] In a national referendum on 17 May 1992, 73% of the voters accepted the reform of Swiss Federal legislation on sexual offences, including the elimination of all discrimination against homosexuality from the Penal Code. Article 187 of the Criminal Code states that the general age of consent for sexual activity in Switzerland is 16 years. If one partner is less than 16 years old but the age difference is less than three years, then an exception can be made.

Recognition of same-sex relationships

"Same-sex partnerships are allowed in Switzerland." Image from a 2016 government publication for refugees.

Registered partnerships have been recognized since 1 January 2007, when the Partnership Act came into force. The cantons of Geneva, Fribourg, Neuchatel and Zurich have allowed registered partnerships for some time. In 2007, one in ten of all marriages in the Canton of Zurich were registered partnerships between members of the same sex, and it has registered 702 couples as of 2008.[2]

Adoption

Single people, regardless of sexual orientation, may adopt children, but there is no legal provision for same-sex couples to adopt children. However, the law may be revised to allow same-sex couples to adopt following a decision by the European Court of Human Rights on a case in France.[3]

Article 27 of the Registered Partnership Act treats the matter of the partner's child/children. The law states that the partner of the biological/adoptive parent must provide financial support for his/her partner's child and also possesses the full legal authority to represent the child in every matter as being the parent's partner. It also states that in the case of the couple's disband, the ex-partner has the right to keep close ties with their ex-partner's child.[4] This article makes Swiss registered partnerships one of the most liberal partnerships, giving the couple a real role in being parents.

Adoption reforms

In 2010, Swiss LGBT organisations started a petition, "Same Chances For All Families", demanding more adoption rights. On 30 September 2011, the National Council, the lower house of the federal parliament, considered the petition but ultimately voted 83–97 against it.[5] However, the debate and close vote provided a view on the MPs' opinions and the evolution of minds, as for example Maja Ingold, MP of the Evangelical People's Party of Switzerland, who spoke for more recognition of gay and lesbian parents while her party campaigned against the Registered Partnership Act back in 2005. It became clear that, while there was no majority for full joint adoption, allowing adoption of one's partner's child could gather majority support in parliament.

Surprisingly, the Council of States, the upper house (Senate) of the federal parliament, traditionally more conservative, accepted a few days later the petition and the Legal Affairs Committee even went further, by approving a motion of openly gay MP Claude Janiak (SPS) backing the right to full joint adoption regardless of marital status or sexual orientation. In November 2011, the Committee voted unanimously in favour, including the member of the Swiss People's Party representing the national-conservatist orientation traditionally opposed to LGBT rights.[6] In February 2012, the Federal Council, the executive, responded by informing the Council of States that they are in favour of step-child adoption but against full joint adoption rights.[7] On 14 March 2012, the Council of States approved (21–19) the complete full extension of adoption rights for homosexuals regardless of marital status or sexual orientation.[8]

As the National Council refused it during the debate in September 2011, the bill had to be voted again by the lower chamber, which did so on 13 December 2012, as the National Council voted 113–64[9] to grant homosexuals the right to adopt biological or adopted children that their partner had before the start of their relationship. However, the motion giving full adoption rights approved by the Council of States, was rejected by the National Council.[10] On 4 March 2013, the new version approved on 13 December 2012 by the National Council was accepted by the Council of States by a majority of 26–16.[11]

In November 2014, taking into account the parliamentary votes, the Federal Council approved allowing the adoption of one's partner's child, as part of a larger adoption reform.[12][13] The bill must now be approved by parliament, though opponents have already announced they will force an optional referendum.[14] For such a referendum, citizens opposing the law have to gather 50,000 signatures within 100 days.

In January 2016, the Council of States Committee on Legal Affairs voted 7 to 3 with one abstention to approve the proposal to allow step-child adoption by same-sex couples.[15] In March 2016, the full Council of States voted 25 to 14 to approve it.[16] The bill now goes to the National Council.

Protection from discrimination

Since 1999, governmental discrimination based on sexual orientation has been constitutionally prohibited. Article 8 of the Constitution of the Swiss Confederation prohibits discrimination on the basis of way of life. Homosexuality is no longer mentioned in the Military Criminal Code, so LGBT people are allowed to serve in the army.

Claude Janiak, State Councillor (Senator) and former National Council President, is involved in AIDS work, Network, and the Pink Cross.

On 7 March 2013, Mathias Reynard, member of the Social Democratic Party, introduced in the Swiss Parliament a bill to outlaw all forms of discrimination, including hate speeches, on the basis of race, ethnicity, religion and sexual orientation.[17] On 11 March 2015, the National Council approved the bill. It was passed 103-73.[18][19] The Committee of Legal Affairs of the Council of States allowed the bill to proceed on 23 April 2015.

Pension benefits

At the end of August 2008, the Federal Court decided that long-term same-sex partners were entitled to the same vested benefits from the pension of the deceased as equivalent opposite sex partners have. A shared apartment is not necessary.

Gender identity

Since 1 February 2012, the Federal Office for Civil Registration (EAZW/OFEC/UFSC) depending of the Federal Department of Justice and Police issued a statement that the country, based on the Council of Europe's recommendations, would cease to oblige a person to go through forced sterilisation in order to have a legal change of gender recognised by the State. Furthermore, a person is granted to choose their gender according to their social gender and not anymore according to their biological gender.[20]

The Federal Office for Civil Registration also stated that marriage can be converted into a Registered Partnership.[21]

Conversion therapy

On 13 March 2016, Conservative Democrat MP Rosmarie Quadranti proposed a parliamentary motion which would outlaw conversion therapies for LGBT minors. She said: "When I heard about this type of treatment I got shivers. I never thought this could happen in the 21st century."[22][23]

Positions of political parties

Among the major political parties, the Social Democratic Party (SPS/PSS), the Green Party (GPS/PES), the Green Liberal Party (GLP/PVL) and the Conservative Democratic Party (BDP/PBD) are generally in favour of LGBT rights whereas the Christian Democratic People's Party (CVP/PDC) and the Swiss People's Party (SVP/UDC) are generally opposed.[24] The FDP.The Liberals (FDP/PLR) are mostly divided on the issue.[25]

Summary table

Same-sex sexual activity legal (Since 1942)
Equal age of consent (Since 1992)
Anti-discrimination laws in employment only (Since 1999)
Anti-discrimination laws in the provision of goods and services (Since 1999)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Pending)
Same-sex marriages (Pending)
Recognition of same-sex couples (Since 2007)
Step-child adoption by same-sex couples (Pending)
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples (Banned for heterosexual couples as well)
MSMs allowed to donate blood

See also

Notes and references

  1. ↑ (English) State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults
  2. ↑ (German) Kein Run aufs Standesamt, Swissinfo, accessed 1 November 2009
  3. ↑ {de} Adoptionsrecht wieder im Fokus
  4. ↑ {fr} Article 27: «Partner's children»
  5. ↑ {fr} Le National ne veut pas voir les couples homosexuels adopter, Swissinfo, accessed on 15 December 2012
  6. ↑ {fr} Coup de pouce des Sénateurs à l'adoption, 360, accessed on 15 December 2012
  7. ↑ "Schweizer Regierung gegen Adoptionsrecht für Homo-Paare". Queer.de. 22 February 2012.
  8. ↑ (French) Le Conseil des Etats accepte l'adoption des couples homosexuels, Le Matin
  9. ↑ {en} Swiss lawmakers vote to allow some gays to adopt, France24, 15 December 2012
  10. ↑ {en} Rainbow families: Gays granted more adoption rights, Swissinfo, 15 December 2012
  11. ↑ Motion CAJ-CE. Droit de l'adoption. Mêmes chances pour toutes les familles, Council of States, retrieved on 21 April 2013
  12. ↑ "Suisse: Le gouvernement propose d’ouvrir l’adoption aux couples de même sexe". Yagg. 2 December 2014.
  13. ↑ "Bundesrat will Stiefkindadoption ermöglichen". Queer.ch. 28 November 2014.
  14. ↑ "Adoption: les opposants en ordre de bataille". 360.ch. 7 September 2014.
  15. ↑ "Ständeratskommission befürwortet Adoptionen". Queer.ch. 12 January 2016.
  16. ↑ "Homosexuelle sollen Stiefkinder adoptieren dürfen".
  17. ↑ "Lutter contre les discriminations basées sur l'orientation sexuelle" (in French). Le Parliament suisse. Retrieved 1 May 2016.
  18. ↑ Morgan, Joe (12 March 2015). "Switzerland votes for law to protect LGBTIs from prejudice". Gay Star News.
  19. ↑ (French) Bulletin Officiel
  20. ↑ (French) Victoire pour les trans suisses, 360.ch, retrieved on 11 May 2013
  21. ↑ (French) Avis de droit OFEC: Transsexualisme, Federal Department of Justice and Police, retrieved on 11 May 2013
  22. ↑ "Gay teen forced into therapy ‘cure’ by Christian community". The Local. 14 March 2016.
  23. ↑ (French) «L’Etat doit tout faire pour interdire ces pratiques»
  24. ↑ "#WahlCH15: Parteien im LGBT-Check". queer.ch. 20 September 2015.
  25. ↑ "Swiss Political Parties Reveal Their Colours". Swissinfo. September 11, 2015.

External links

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