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 Any single person allowed to adopt.
Gay Pride Parade in Zurich.

In Switzerland, the rights of individuals have traditionally had a high priority. At the same time, privacy is regarded as a fundamental asset. There is a strong contrast between cities and the countryside in public discourse about LGBT rights in Switzerland. Although some personal attitudes may change slower than the laws, the general public is tolerant of LGBT people, and thus bias-motivated violence or discrimination is all but unheard of. There is a vibrant LGBT community with a wide range of gay and lesbian subculture in the two main cities of Zurich and Geneva, as well as some on offer in the regional centres of Basel, Bern, Lucerne, Lausanne, and St. Gallen.

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The higher age of consent for same-sex sexual activity (20 years instead of 16 for heterosexual sexual activity) was repealed by the criminal law reform of 1992.[1] In a national referendum on 17 May 1992, 73% of the voters accepted the reform of Swiss Federal legislation on sexual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.

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.

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.

Recognition of same-sex relationships

Registered partnerships have been recognized since 1 January 2007, when the Partnership Act came into force. The Canton of Zurich has 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]

Gender identity

Since February 1, 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.[3]

The Federal Office for Civil Registration also stated that marriage can be converted into a Registered Partnership.[4]

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.[5]

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.[6] This article makes Swiss registered partnerships one of the most liberal partnerships, giving the couple a real role in being parents.

Adoption reform

In 2010, Swiss LGBT organisations started a petition, "Same Chances For All Families", demanding more adoption rights. On September 30, 2011, the National Council, the lower house of the federal parliament, considered the petition but ultimately voted 83–97 against it.[7] 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.[8] In February 2012, the Federal Council, the executive, responded by informing the Council of States that they are in favour of stepchild adoption but against full joint adoption rights.[9] On March 14, 2012, the Council of States approved (21–19) the complete full extension of adoption rights for homosexuals regardless of marital status or sexual orientation.[10]

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 December 13, 2012, as the National Council voted 113–64[11] 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.[12] On March 4, 2013, the new version approved on December 13, 2012 by the National Council was accepted by the Council of States by a majority of 26–16.[13]

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.[14][15] The bill must now be approved by parliament, though opponents have already announced they will force an optional referendum.[16] For such a referendum, citizens opposing the law have to gather 50,000 signatures within 100 days.

Prostitution

Article 195 of the Criminal Code makes no distinction between male and female prostitution. Adult and voluntary prostitution is legal, but pimping is prohibited.

Pornography

Article 197 of the Criminal Code makes no distinction between homosexual and heterosexual pornography. Consumption, trade, import and production of adult pornography is allowed. Hard-core pornography and dissemination of pornography on radio and television are banned. Hard-core pornography includes depictions of violence, excrement, with children or animals in connection with sexuality. The representation of hard S & M, scat, paedosexuality and zoophilia are therefore prohibited.

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) ; (Constitutional ban 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

External links