LGBT rights in Switzerland

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The higher age of consent for same-sex sexual activity (20 years instead of 16 for heterosexual sexual activity) was repealed by the criminal law reform of 1992. 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.

Recognition of same-sex relationships

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 Zurich were registered partnerships between members of the same sex, and it has registered 702 couples as of 2008.

Same-sex marriage is not legal. In 2013, the Green Liberal Party of Switzerland introduced before the Swiss Parliament a constitutional initiative to legalize same-sex marriage. As the initiative seeks to alter the Swiss Constitution, a referendum will be held where a majority of the people and the cantons would have to vote in favor for the initiative to become law. The initiative was approved 12-9 by a National Council committee in February 2015 and 7-5 by a Council of States committee in September 2015. Parliament is expected to begin discussing the initiative sometime in 2017. In November 2016, voters in the canton of Zürich rejected a proposal to constitutionally ban same-sex marriage in the canton, with 81% against. Additionally, polls have shown that a majority of the Swiss population supports same-sex marriage.

Adoption and parenting

Single people, regardless of sexual orientation, may adopt children. A bill legalizing stepchild adoption for same-sex couples was approved by Parliament in Spring 2016. Opponents unsuccessfully tried to force a referendum on the bill. The law will come into effect on a yet to be announced date.

Anti-discrimination laws

The Swiss Constitution (Art. 8) guarantees equal treatment before the law, specifying "way of life" (meaning, sexual orientation or gender identity) as one of the many stated criteria protected against unfair discrimination. Swiss law recognizes a very strong principle of freedom of association and, as such, has only limited provisions to outlaw discrimination in the private sector or between private individuals. Notable exceptions are the law for equal treatment of men and women (SR 151.1) and the law against racial discrimination (StGB Art. 261bis) outlawing discrimination based on "race, ethnicity or religion". Because of this situation, private lawsuits against alleged discrimination in recent years have increasingly attempted to invoke the difficult-to-interpret prohibition of "personal injury" (ZGB 28a). Discriminatory termination of employment is protected against if it can be shown that employment was terminated based on "a property to which the other party is entitled by virtue of their personhood, except where that property bears a relation to the nature of the employment contract or significantly affects the work environment" However, there have been very few actual legal proceedings based on lawsuits against alleged discrimination on such grounds. A 2015 survey found seven individual cases, none of which involved alleged discrimination based on sexual orientation or gender identity.

On 7 March 2013, Mathias Reynard, member of the Social Democratic Party, introduced in the Swiss Parliament a bill to outlaw all "discrimination and incitement of hatred" (discrimination et incitation à la haine), on the basis of "race, ethnicity, religion or sexual orientation". On 11 March 2015, the National Council approved the bill. It was passed 103-73. The Committee of Legal Affairs of the Council of States allowed the bill to proceed on 23 April 2015. In February 2017, the Committee of Legal Affairs of the National Council approved, in a 15-9 vote, an amendment to the bill adding "sexual identity" as a prohibited ground of discrimination.

In May 2016, the Swiss Federal Council based on a 2015 report commissioned from the "Swiss Centre of Expertise in Human Rights" mentioned the option to extend the law against racial discrimination to include "discrimination based on sexual orientation", plans for a law providing simpler processes for gender recognition and greater protections from discrimination on the basis of gender identity and sex characteristics.

Military service

Since 1992, homosexuality and bisexuality are no longer mentioned in the Military Criminal Code.

Blood donation

In 1977, a ban on gay and bi men donating blood was enacted. The ban was due to the HIV/AIDS pandemic.

In June 2016, the Swiss Red Cross announced it would address a request to Swissmedic, Switzerland's surveillance authority for medicines and medical devices who has the last word on the matter, and ask for the ban to be lifted. Under the new rules, gay and bi men will be able to donate blood and stem cells after a one-year deferral period, beginning 1 July 2017.

Gender identity and expression

A 1993 ruling by the Federal Supreme Court (BGE 119 II 264) allowed for a legal procedure for the registration of sex chances. In February 2010, in an extension of the scope of the 1993 Federal Supreme Court ruling, the Federal Office for Civil Registration (EAZW/OFEC/UFSC) of the Federal Department of Justice and Police) advised cantonal executives to legally recognize sex changes even in the absence of surgery. The EAZW made explicit, with reference to the principle of separation of powers, that the order is binding only for cantonal executive organs and not for cantonal courts of law. The Federal Office for Civil Registration also stated that a marriage can be converted into a registered partnership if one of the partners should register for gender recognition.

Conversion therapy

On 13 March 2016, Conservative Democrat MP Rosmarie Quadranti proposed a parliamentary motion which would outlaw conversion therapy on 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."

On 26 May 2016, the Swiss Federal Council expressed its opinion on the motion proposed by Mrs. Quadranti. It argued that conversion therapies are cruel, dangerous and ineffective. However they should not be banned by the executive but by the cantons, youth organizations or the courts. The Council also indicated that such practices are already de facto illegal in Switzerland and as such there is no need to take additional measures. Any person who knows that a minor is in danger or in a situation which may harm them, can call the authorities who have the power to order measures of protection. Additionally Switzerland already has a well-developed network of public and private institutions that must apply to the State to operate effectively. The official response from the Swiss Government:

These pseudo-therapies are not only ineffective, but they are also a source of great suffering for children and adolescents. And society must protect minors from all practices affecting their mental or physical health.

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. The FDP.The Liberals (FDP/PLR) are mostly divided on the issue.

Public opinion

A 2016 poll commissioned by gay-rights organisation Pink Cross found that 69% of Swiss population voiced support same-sex marriage, with 25% opposed and 6% undecided. Divided by political orientation, the poll found 94% among Green Party voters, 63% among Christian Democrat voters and 59% among Swiss People's Party voters.

Activism

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.

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

The "Gay Happiness Index" (GHI) published based on a poll by PlanetRomeo lists Switzerland at rank nine with a GHI score of 70.