Switzerland has traditionally trailed behind the rest of Western Europe in terms of LGBT+ liberties and regulations. That said, since the 1940s, the government has been democratising civil rights for LGBT+ persons  rendering it one of the safest nations of the globe for the community. The civil rights of gays, lesbians, transgender identifying and intersex persons, and bisexuals have changed dramatically during the last decade. Recently, the Swiss government has made a significant move by allowing its citizens to legitimately change their sex with a visit to the civil register office from Jan 1, 2022, placing the nation on the frontline of the gender self-identification revolution in Europe.

HISTORICAL CONTEXT

In Switzerland, same-sex activities have been legalized since 1941, and the age of consent [now 16] has been the same for both heterosexual and homosexual persons since 1992. Civil partnerships can be registered by same-sex couples, and roughly 700 are formed each year. Nevertheless, this position does not confer similar rights as to marriage, including for acquiring citizenship and the collective adoption of children. Same-sex partnerships were also acknowledged in Switzerland in 2007 and same-sex marriage was permitted in 2020. However the amendment to marriage laws was questioned by the opponents, but it was upheld in the 2021 referendum. The amendment was approved by 64.1% of voters and gained huge support both in remote and urban regions. Nonetheless, the procedure has revealed how deeply conservative attitudes on gender problems persist in a country that did not allow females the right to vote until 1971 and compelled wives to obtain consent from their partners to work outside the house until 1985. 

Transgender persons have been permitted to change their gender status without having to undergo sex-affirming surgery since 2018. Since 1999, the Swiss Constitution has ensured that LGBT+ persons are treated equally in the eyes of the law. In addition, since 2020, homophobic prejudice has been a penal offense.

A NEW SET OF RULES

In 2020, the Swiss government passed reforms to the civil status legislation and the civil code that would enable persons to change their first name and gender without having to go through a lengthy bureaucratic process. Anyone certain that they do not conform to the gender previously listed in the civil status registry can make the alteration. People under the age of 16 or those who are otherwise under guardianship would require the approval of their lawful guardian. This is a shift from the present system of regional regulations in Switzerland, which frequently demand a certificate from a medical practitioner certifying a person’s transgender status.

Furthermore, under present Swiss legislation, legal gender recognition processes are still reliant on a judicial proceeding that differs from one court to the next. The new legislation will not only streamline and standardise the process, but it will also be less costly, faster, and based on individual choice. As per the Transgender Network Switzerland, fees will be lowered to an administrative charge of 75 CHF [$81.83]. Under the former legislation, official gender recognition might charge up to 1.000 CHF [$ 1091.13].

Existing familial connections like marriage or established partnerships are unaffected by the alteration in gender status. Third gender or no gender status cannot be entered. The Federal Council, on the other hand, is preparing a study on the potential of introducing a third gender category or eliminating gender from the registration entirely. 

Certain cantons - semi-autonomous territories in central Switzerland - also demand an individual to undergo the anatomical transformation and hormone therapy in order to officially change gender, alongside proof that a new name has been practiced informally for various years. Furthermore, under the present legislation, lawful gender recognition processes in Switzerland are still reliant on judicial proceedings that differ from one court to the next or even from one judge to the next. The current legislation will not only standardise and streamline the process, but it will also be based on self-determination, faster, and less expensive. TGEU Executive Director Masen Davis stated, “Particularly considering the reaction against transgender people’s human rights in 2020, we are glad to see this legislation passed before the end of the year [2021]. Some nations, including Hungary and Russia, have shown significant step-backs in lawful gender recognition. The Swiss example provides some promise to our communities”.

 JOINING A EUROPEAN MOVEMENT

Switzerland joins Belgium, Norway, Ireland, and Portugal in being one of the few European nations that enable people to legally alter their gender without the use of hormones, medical treatment or further testing, or bureaucratic procedures. Individuals in Switzerland will no longer need documents from medical specialists to affirm their gender identity as a result of the simplified gender transition process. Individuals in Switzerland will therefore have entire autonomy over their gender identity, with the exception of the registration. 

Switzerland, which has a reputation for being socially conservative, voted in September to legalise civil marriage as well as the right to adopt children for same-sex couples, making it one of the last nations in Western Europe to do so. Under new and reformed legislation, same-sex partners will now be permitted to have a civil wedding and will enjoy many of the same institutional and statutory rights as heterosexual partners. This means easier naturalisation for foreign couples along with access to reproductive treatments and the opportunity to adopt children. 

With the new gender change regulations, Switzerland joins an exclusive group of just two dozen nations across the globe attempting to separate gender identity from medical treatments. Whilst several European countries, including France, Denmark, and Greece, have eliminated the need for medical treatments such as sterilization, psychiatric examination, and sex reassignment surgery, their laws still impose additional stages or criteria to the process.

Mili Gupta holds an LL.M from Institute of Law, Nirma University.

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