Intersex rights in Switzerland

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.

[1] 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.

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.

[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 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.

[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".

[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.

Intersex flag
Legal prohibition of non-consensual medical interventions
Regulatory suspension of non-consensual medical interventions