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Intersex rights in Switzerland

January 01, 1970

Intersex people in Switzerland have no recognition of rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. In 2012, the Swiss National Advisory Commission on Biomedical Ethics published a report on the medical management of differences of sex development or intersex variations.[1]

Intersex rights in Switzerland
Location of Switzerland within Europe
Protection of physical integrity and bodily autonomyNo
Protection from discriminationNo

History edit

Further information: Intersex in history

The 12th-century canon law collection known as the Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails" ("Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit.")[2][3] On ordainment, Raming, Macy and Cook found that the Decretum Gratiani states, "item Hermafroditus. If therefore the person is drawn to the feminine more than the male, the person does not receive the order. If the reverse, the person is able to receive but ought not to be ordained on account of deformity and monstrosity."[4]

Physical integrity and bodily autonomy edit

 
  Legal prohibition of non-consensual medical interventions
  Regulatory suspension of non-consensual medical interventions
Further information: Intersex human rights and Intersex medical interventions

Researchers have argued that intersex medical interventions on intersex children violate constitutional protections from discrimination and protection of human dignity.[5][6]

In late 2012, following a request by the Director of the Federal Office of Public Health, the National Advisory Commission on Biomedical Ethics reported on the ethics of medical management of intersex, following an inquiry and multiple hearings. The Commission heard from parents, individuals with intersex traits, legal experts, and clinical practitioners. The Commission report makes a strong case against medical intervention for "psychosocial" reasons:[1]

Especially delicate are those cases where a psychosocial indication is used to justify the medical urgency of surgical sex assignment in children who lack capacity. Here, there is a particularly great risk of insufficient respect being accorded to the child's (future) self-determination and its physical integrity...

Decisions on sex assignment interventions are to be guided by the questions of what genitalia a child actually requires at a given age (apart from a functional urinary system) and how these interventions will affect the physical and mental health of the child and the future adult. Treatment needs to be carefully justified, especially since – in functional, aesthetic and psychological respects – surgically altered genitalia ... are not comparable to natural male or female genitalia. Decisions are to be guided, above all, by the child's welfare...

The harmful consequences may include, for example, loss of fertility and sexual sensitivity, chronic pain, or pain associated with dilation (bougienage) of a surgically created vagina, with traumatizing effects for the child. If such interventions are performed solely with a view to integration of the child into its family and social environment, then they run counter to the child's welfare. In addition, there is no guarantee that the intended purpose (integration) will be achieved...

... on ethical and legal grounds, all (non-trivial) sex assignment treatment decisions which have irreversible consequences but can be deferred should not be taken until the person to be treated can decide for him/herself.

— National Advisory Commission on Biomedical Ethics[1]

The report recommends deferring all "non-trivial" surgeries which have "irreversible consequences". The report also recommended criminal sanction for non-medically necessary genital surgeries.

In 2013, following publication of the Commission report, Blaise Meyrat, paediatric surgeon at Lausanne University Hospital told Swissinfo that "It’s a pity that, because of a lack of ethical clarity in the medical profession, we have to get legislators involved, but in my opinion it’s the only solution".[7]

In recent years, Advocacy group Zwischengeschlecht and researchers have documented hospital practices and guidelines that permit intersex medical interventions for esthetic and psychosocial reasons, and their human rights implications.[8][9] Zwischengeschlecht note that hospitals decline to publish statistics.[8][10]

In 2015, the UN Committee on the Rights of the Child called on Switzerland to implement recommendations of the National Advisory Commission on Biomedical Ethics, and "ensure that no one is subjected to unnecessary medical or surgical treatment during infancy or childhood, guarantee bodily integrity, autonomy and self-determination to the children concerned, and provide families with intersex children with adequate counselling and support."[11] Similar recommendations were made later the same year by the UN Committee Against Torture.[12] In July 2018, the UN Committee on the Elimination of Discrimination against Women issued concluding observations on harmful practices, recommending that Switzerland "take all necessary measures to ensure that no child undergoes unnecessary surgery intended to assign sex". The Committee also called for access to medical records, and the provision of compensation .[13]

In April 2019, the Grand Council of Geneva passed two motions, one unanimously, against the use of such surgeries, which they labelled "mutilation". The motions foresee a compensation scheme and free psychosocial counselling for the victims, as well as the dismissal of any doctor or physician who performs these procedures on intersex people without their consent.[14]

Remedies and claims for compensation edit

The 2012 National Advisory Commission on Biomedical Ethics report is notable for making a clear apology for damage done to intersex people in the past, and up until the present, calling for societal recognition:

The suffering experienced by some people with DSD as a result of past practice should be acknowledged by society. The medical practice of the time was guided by sociocultural values which, from today’s ethical viewpoint, are not compatible with fundamental human rights, specifically respect for physical and psychological integrity and the right to self-determination.

— National Advisory Commission on Biomedical Ethics[1]

An April 2019 motion by the Grand Council of Geneva proposed a compensation scheme.[14]

Identification documents edit

Main article: Legal recognition of intersex people

In 2012, the National Advisory Commission on Biomedical Ethics called for increased flexibility in amending sex as recorded in the civil status register.[1] In response to the report, the deputy director of Bern University Interdisciplinary Centre for Gender Studies called in 2013 for intersex people to be designated an "indeterminate sex".[7] Advocacy group Zwischengeschlecht has described the creation of new sex classifications as "silly season fantasies".[15]

In 2018, the National Council, the lower house of Parliament, accepted a motion to allow intersex individuals to leave their sex entry blank, with 109 votes in favour.[16] The Federal Council will now review the motions and later express recommendations.

Marriage edit

Same-sex marriage became legal in Switzerland on 1 July 2022[17] following a referendum on the matter in September of the previous year.[18] Intersex people may marry others with the same sex classification.

Advocacy edit

Swiss peer support and advocacy organizations include the peer support and advocacy organization InterAction Suisse, self-help group Selbsthilfegruppe Intersex, parent support group Verein SI Selbsthilfe Intersexualität, and advocacy organization Zwischengeschlecht.

In August 2016, Zwischengeschlecht described actions to promote equality or civil status legislation without action on banning "intersex genital mutilations" as a form of pinkwashing.[19] The organization has previously highlighted evasive government statements to UN Treaty Bodies that conflate intersex, transgender and LGBT issues, instead of addressing harmful practices on infants.[20]

See also edit

References edit

  1. ^ a b c d e National Advisory Commission on Biomedical Ethics NEK-CNE (November 2012). (PDF). Berne. Archived from the original (PDF) on 2015-04-23. Retrieved 2017-06-25.{{cite book}}: CS1 maint: location missing publisher (link)
  2. ^ Decretum Gratiani, C. 4, q. 2 et 3, c. 3
  3. ^ "Decretum Gratiani (Kirchenrechtssammlung)". Bayerische StaatsBibliothek (Bavarian State Library). February 5, 2009. from the original on December 20, 2016.
  4. ^ Raming, Ida; Macy, Gary; Bernard J, Cook (2004). A History of Women and Ordination. Scarecrow Press. p. 113.
  5. ^ Werlen, Mirjam (2008). "Rechtlicher Schutz für Kinder mit uneindeutigem Geschlecht". In Groneberg, Michael; Zehnder, Kathrin (eds.). "Intersex". Geschlechtsanpassungen zum Wohle des Kindes?. Erfahrungen und Analysen. pp. 178–215.
  6. ^ Biller-Andorno, Nikola (2006). "Zum Umgang mit Intersex: Gibt es Wege jenseits der Zuordnung des "richtigen Geschlechts"?" (PDF). Schweizerische Ärztezeitung (47): 2047–2048.
  7. ^ a b Eichenberger, Isabelle (January 23, 2013). "Third gender fights for recognition". Swissinfo. from the original on November 5, 2017. Retrieved 2017-06-24.
  8. ^ a b Zwischengeschlecht.org (March 2014). "Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report to the 2nd, 3rd and 4th Periodic Report of Switzerland on the Convention on the Rights of the Child" (PDF). Zurich. (PDF) from the original on 2014-05-06.
  9. ^ Cottier, Michelle (2013). "Zivilrechtliche Aspekte der Intersexualität" (PDF).[permanent dead link]
  10. ^ Truffer, Daniela (2015). "It's a Human Rights Issue!". Narrative Inquiry in Bioethics. 5 (2): 111–114. doi:10.1353/nib.2015.0037. PMID 26300139. S2CID 28335241.
  11. ^ United Nations; Committee on the Rights of Child (February 26, 2015). "Concluding observations on the combined second to fourth periodic reports of Switzerland". Geneva. from the original on July 25, 2017.
  12. ^ United Nations; Committee against Torture (September 7, 2015), Concluding observations on the seventh periodic report of Switzerland, Geneva{{citation}}: CS1 maint: location missing publisher (link)
  13. ^ Committee on the Elimination of Discrimination against Women (July 2018), Concluding observations on the fourth periodic report of Switzerland
  14. ^ a b "Avancée inédite contre la mutilation des intersexes". 20 Minutes (in French). 18 April 2019.
  15. ^ Zwischengeschlecht (November 1, 2013). . Archived from the original on June 24, 2017. Retrieved 2017-06-24.
  16. ^ (in French) LE DÉBAT SUR LE 3E SEXE EST LANCÉ
  17. ^ Foundation, Thomson Reuters (July 1, 2022). "In Switzerland, first same-sex couples say "I do"". news.trust.org. Retrieved 2022-08-23. {{cite web}}: |first= has generic name (help)
  18. ^ Coote, Darryl (September 26, 2021). "Switzerland overwhelming votes 'yes' to same-sex marriage". UPI. Retrieved 2022-08-23.
  19. ^ ""Intersex legislation" that allows the daily mutilations to continue = PINKWASHING of IGM practices". Zwischengeschlecht. August 28, 2016. from the original on September 19, 2016.
  20. ^ "TRANSCRIPTION > UK Questioned over Intersex Genital Mutilations by UN Committee on the Rights of the Child - Gov Non-Answer + Denial". Zwischengeschlecht. May 26, 2016. from the original on September 19, 2016.

Bibliography edit

  • National Advisory Commission on Biomedical Ethics NEK-CNE (November 2012). (PDF). Berne. Archived from the original (PDF) on 2015-04-23. Retrieved 2017-06-25.{{cite book}}: CS1 maint: location missing publisher (link)
  • Truffer, Daniela (2015). "It's a Human Rights Issue!". Narrative Inquiry in Bioethics. 5 (2): 111–114. doi:10.1353/nib.2015.0037. PMID 26300139. S2CID 28335241.
  • United Nations; Committee on the Rights of Child (February 26, 2015). "Concluding observations on the combined second to fourth periodic reports of Switzerland". Geneva.
  • United Nations; Committee against Torture (September 7, 2015), Concluding observations on the seventh periodic report of Switzerland, Geneva{{citation}}: CS1 maint: location missing publisher (link)
  • Zwischengeschlecht.org (March 2014). "Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report to the 2nd, 3rd and 4th Periodic Report of Switzerland on the Convention on the Rights of the Child (CRC)" (PDF). Zurich.
  • Zwischengeschlecht.org (March 2015). Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report on the Answers to the List of Issues (LoI) in Relation to the Initial Periodic Report of Switzerland on the Convention on the Rights of Persons with Disabilities (CRPD) (PDF). Zurich.{{cite book}}: CS1 maint: location missing publisher (link)[permanent dead link]

External links edit

  • InterAction Association Suisse pour les Intersexes
  • Selbsthilfegruppe Intersex.ch
  • Verein SI Selbsthilfe Intersexualität 2017-09-12 at the Wayback Machine
  • Zwischengeschlecht

January 01, 1970
intersex, rights, switzerland, intersex, people, switzerland, have, recognition, rights, physical, integrity, bodily, autonomy, specific, protections, from, discrimination, basis, characteristics, 2012, swiss, national, advisory, commission, biomedical, ethics. Intersex people in Switzerland have no recognition of rights to physical integrity and bodily autonomy and no specific protections from discrimination on the basis of sex characteristics In 2012 the Swiss National Advisory Commission on Biomedical Ethics published a report on the medical management of differences of sex development or intersex variations 1 Intersex rights in SwitzerlandLocation of Switzerland within EuropeProtection of physical integrity and bodily autonomyNoProtection from discriminationNoRights by country ArgentinaAustraliaCanadaChileChinaColombiaFranceGermanyKenyaMaltaMexicoNepalNew ZealandSouth AfricaSpainSwitzerlandTaiwanUgandaUnited KingdomUnited StatesThis article needs to be updated Please help update this article to reflect recent events or newly available information April 2024 Contents 1 History 2 Physical integrity and bodily autonomy 3 Remedies and claims for compensation 4 Identification documents 5 Marriage 6 Advocacy 7 See also 8 References 9 Bibliography 10 External linksHistory editFurther information Intersex in history The 12th century canon law collection known as the Decretum Gratiani states that Whether an hermaphrodite may witness a testament depends on which sex prevails Hermafroditus an ad testamentum adhiberi possit qualitas sexus incalescentis ostendit 2 3 On ordainment Raming Macy and Cook found that the Decretum Gratiani states item Hermafroditus If therefore the person is drawn to the feminine more than the male the person does not receive the order If the reverse the person is able to receive but ought not to be ordained on account of deformity and monstrosity 4 Physical integrity and bodily autonomy edit nbsp Legal prohibition of non consensual medical interventions Regulatory suspension of non consensual medical interventions Further information Intersex human rights and Intersex medical interventions Researchers have argued that intersex medical interventions on intersex children violate constitutional protections from discrimination and protection of human dignity 5 6 In late 2012 following a request by the Director of the Federal Office of Public Health the National Advisory Commission on Biomedical Ethics reported on the ethics of medical management of intersex following an inquiry and multiple hearings The Commission heard from parents individuals with intersex traits legal experts and clinical practitioners The Commission report makes a strong case against medical intervention for psychosocial reasons 1 Especially delicate are those cases where a psychosocial indication is used to justify the medical urgency of surgical sex assignment in children who lack capacity Here there is a particularly great risk of insufficient respect being accorded to the child s future self determination and its physical integrity Decisions on sex assignment interventions are to be guided by the questions of what genitalia a child actually requires at a given age apart from a functional urinary system and how these interventions will affect the physical and mental health of the child and the future adult Treatment needs to be carefully justified especially since in functional aesthetic and psychological respects surgically altered genitalia are not comparable to natural male or female genitalia Decisions are to be guided above all by the child s welfare The harmful consequences may include for example loss of fertility and sexual sensitivity chronic pain or pain associated with dilation bougienage of a surgically created vagina with traumatizing effects for the child If such interventions are performed solely with a view to integration of the child into its family and social environment then they run counter to the child s welfare In addition there is no guarantee that the intended purpose integration will be achieved on ethical and legal grounds all non trivial sex assignment treatment decisions which have irreversible consequences but can be deferred should not be taken until the person to be treated can decide for him herself National Advisory Commission on Biomedical Ethics 1 The report recommends deferring all non trivial surgeries which have irreversible consequences The report also recommended criminal sanction for non medically necessary genital surgeries In 2013 following publication of the Commission report Blaise Meyrat paediatric surgeon at Lausanne University Hospital told Swissinfo that It s a pity that because of a lack of ethical clarity in the medical profession we have to get legislators involved but in my opinion it s the only solution 7 In recent years Advocacy group Zwischengeschlecht and researchers have documented hospital practices and guidelines that permit intersex medical interventions for esthetic and psychosocial reasons and their human rights implications 8 9 Zwischengeschlecht note that hospitals decline to publish statistics 8 10 In 2015 the UN Committee on the Rights of the Child called on Switzerland to implement recommendations of the National Advisory Commission on Biomedical Ethics and ensure that no one is subjected to unnecessary medical or surgical treatment during infancy or childhood guarantee bodily integrity autonomy and self determination to the children concerned and provide families with intersex children with adequate counselling and support 11 Similar recommendations were made later the same year by the UN Committee Against Torture 12 In July 2018 the UN Committee on the Elimination of Discrimination against Women issued concluding observations on harmful practices recommending that Switzerland take all necessary measures to ensure that no child undergoes unnecessary surgery intended to assign sex The Committee also called for access to medical records and the provision of compensation 13 In April 2019 the Grand Council of Geneva passed two motions one unanimously against the use of such surgeries which they labelled mutilation The motions foresee a compensation scheme and free psychosocial counselling for the victims as well as the dismissal of any doctor or physician who performs these procedures on intersex people without their consent 14 Remedies and claims for compensation editThe 2012 National Advisory Commission on Biomedical Ethics report is notable for making a clear apology for damage done to intersex people in the past and up until the present calling for societal recognition The suffering experienced by some people with DSD as a result of past practice should be acknowledged by society The medical practice of the time was guided by sociocultural values which from today s ethical viewpoint are not compatible with fundamental human rights specifically respect for physical and psychological integrity and the right to self determination National Advisory Commission on Biomedical Ethics 1 An April 2019 motion by the Grand Council of Geneva proposed a compensation scheme 14 Identification documents editMain article Legal recognition of intersex people In 2012 the National Advisory Commission on Biomedical Ethics called for increased flexibility in amending sex as recorded in the civil status register 1 In response to the report the deputy director of Bern University Interdisciplinary Centre for Gender Studies called in 2013 for intersex people to be designated an indeterminate sex 7 Advocacy group Zwischengeschlecht has described the creation of new sex classifications as silly season fantasies 15 In 2018 the National Council the lower house of Parliament accepted a motion to allow intersex individuals to leave their sex entry blank with 109 votes in favour 16 The Federal Council will now review the motions and later express recommendations Marriage editSame sex marriage became legal in Switzerland on 1 July 2022 17 following a referendum on the matter in September of the previous year 18 Intersex people may marry others with the same sex classification Advocacy editSwiss peer support and advocacy organizations include the peer support and advocacy organization InterAction Suisse self help group Selbsthilfegruppe Intersex parent support group Verein SI Selbsthilfe Intersexualitat and advocacy organization Zwischengeschlecht In August 2016 Zwischengeschlecht described actions to promote equality or civil status legislation without action on banning intersex genital mutilations as a form of pinkwashing 19 The organization has previously highlighted evasive government statements to UN Treaty Bodies that conflate intersex transgender and LGBT issues instead of addressing harmful practices on infants 20 See also editIntersex human rights Zwischengeschlecht LGBT rights in Switzerland Human rights in SwitzerlandReferences edit a b c d e National Advisory Commission on Biomedical Ethics NEK CNE November 2012 On the management of differences of sex development Ethical issues relating to intersexuality Opinion No 20 2012 PDF Berne Archived from the original PDF on 2015 04 23 Retrieved 2017 06 25 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Decretum Gratiani C 4 q 2 et 3 c 3 Decretum Gratiani Kirchenrechtssammlung Bayerische StaatsBibliothek Bavarian State Library February 5 2009 Archived from the original on December 20 2016 Raming Ida Macy Gary Bernard J Cook 2004 A History of Women and Ordination Scarecrow Press p 113 Werlen Mirjam 2008 Rechtlicher Schutz fur Kinder mit uneindeutigem Geschlecht In Groneberg Michael Zehnder Kathrin eds Intersex Geschlechtsanpassungen zum Wohle des Kindes Erfahrungen und Analysen pp 178 215 Biller Andorno Nikola 2006 Zum Umgang mit Intersex Gibt es Wege jenseits der Zuordnung des richtigen Geschlechts PDF Schweizerische Arztezeitung 47 2047 2048 a b Eichenberger Isabelle January 23 2013 Third gender fights for recognition Swissinfo Archived from the original on November 5 2017 Retrieved 2017 06 24 a b Zwischengeschlecht org March 2014 Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy NGO Report to the 2nd 3rd and 4th Periodic Report of Switzerland on the Convention on the Rights of the Child PDF Zurich Archived PDF from the original on 2014 05 06 Cottier Michelle 2013 Zivilrechtliche Aspekte der Intersexualitat PDF permanent dead link Truffer Daniela 2015 It s a Human Rights Issue Narrative Inquiry in Bioethics 5 2 111 114 doi 10 1353 nib 2015 0037 PMID 26300139 S2CID 28335241 United Nations Committee on the Rights of Child February 26 2015 Concluding observations on the combined second to fourth periodic reports of Switzerland Geneva Archived from the original on July 25 2017 United Nations Committee against Torture September 7 2015 Concluding observations on the seventh periodic report of Switzerland Geneva a href Template Citation html title Template Citation citation a CS1 maint location missing publisher link Committee on the Elimination of Discrimination against Women July 2018 Concluding observations on the fourth periodic report of Switzerland a b Avancee inedite contre la mutilation des intersexes 20 Minutes in French 18 April 2019 Zwischengeschlecht November 1 2013 Intersex Third Gender in Germany Spiegel Huff Post Guardian Silly Season Fantasies vs Reality of Genital Mutilations Archived from the original on June 24 2017 Retrieved 2017 06 24 in French LE DEBAT SUR LE 3E SEXE EST LANCE Foundation Thomson Reuters July 1 2022 In Switzerland first same sex couples say I do news trust org Retrieved 2022 08 23 a href Template Cite web html title Template Cite web cite web a first has generic name help Coote Darryl September 26 2021 Switzerland overwhelming votes yes to same sex marriage UPI Retrieved 2022 08 23 Intersex legislation that allows the daily mutilations to continue PINKWASHING of IGM practices Zwischengeschlecht August 28 2016 Archived from the original on September 19 2016 TRANSCRIPTION gt UK Questioned over Intersex Genital Mutilations by UN Committee on the Rights of the Child Gov Non Answer Denial Zwischengeschlecht May 26 2016 Archived from the original on September 19 2016 Bibliography editNational Advisory Commission on Biomedical Ethics NEK CNE November 2012 On the management of differences of sex development Ethical issues relating to intersexuality Opinion No 20 2012 PDF Berne Archived from the original PDF on 2015 04 23 Retrieved 2017 06 25 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Truffer Daniela 2015 It s a Human Rights Issue Narrative Inquiry in Bioethics 5 2 111 114 doi 10 1353 nib 2015 0037 PMID 26300139 S2CID 28335241 United Nations Committee on the Rights of Child February 26 2015 Concluding observations on the combined second to fourth periodic reports of Switzerland Geneva United Nations Committee against Torture September 7 2015 Concluding observations on the seventh periodic report of Switzerland Geneva a href Template Citation html title Template Citation citation a CS1 maint location missing publisher link Zwischengeschlecht org March 2014 Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy NGO Report to the 2nd 3rd and 4th Periodic Report of Switzerland on the Convention on the Rights of the Child CRC PDF Zurich Zwischengeschlecht org March 2015 Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy NGO Report on the Answers to the List of Issues LoI in Relation to the Initial Periodic Report of Switzerland on the Convention on the Rights of Persons with Disabilities CRPD PDF Zurich a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link permanent dead link External links editInterAction Association Suisse pour les Intersexes Selbsthilfegruppe Intersex ch Verein SI Selbsthilfe Intersexualitat Archived 2017 09 12 at the Wayback Machine Zwischengeschlecht Retrieved from https en wikipedia org w index php title Intersex rights in Switzerland amp oldid 1221693612, wikipedia, wiki, book, books, library,

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