Switzerland
Categories Score
The full bar chart stands for 100%, and is filled by the country category score. The colour display uses the traffic light palette, with Green representing a score closer to 100% and Red a score closer to 0%.
ASYLUM
This category looks into laws that expressly include SOGISC as a qualification criteria for seeking asylum. We also take into account other legislation, policies, instruction or positive measures by state actors that are related to asylum addressing the needs and rights of LGBTI asylum seekers and refugees.
Criteria Compliance Ratio
Each pie charts stands for a category and is divided in slices by criteria. When a country complies with a criteria – fully or in some regions – the slice is coloured.
Keep in mind the criteria have different weighting factor within a category; for example, the criteria Prohibition of medical intervention without informed consent (intersex) stands for half (2.5%) of the INTERSEX BODILY INTEGRITY category weighting factor (5%). Meaning that even if a country can only comply with this specific criteria within the category (1/4 total criteria) the category scores 50%.
More information on the categories and criteria weighting factors here.
Category & Criteria Table
The table lists detailed information and insights on legislation supporting each criterion status. Please use the filters for in-depth analysis.
n/a = not applicable, meaning the criteria didn’t exist in the previous Rainbow Map edition (PROGRESSION column)
- Complies
- Applicable in some regions only
- Does not Comply
RECOMMENDATIONS
In order to improve the legal and policy situation of LGBTI people in Switzerland, ILGA-Europe recommend:
- Allowing for automatic co-parent recognition for all couples, so that children born to couples, regardless of the partners’ sexual orientation and/or gender identity, do not face any barriers in order to be recognised legally from birth to their parents.
- Introducing hate crime laws that explicitly cover all bias-motivated crimes based on SOGIESC (sexual orientation, gender identity, gender expression and sex characteristics) and implementing policies tackling hate crime that explicitly cover all bias-motivated crimes based on SOGIESC.
- Banning conversion practices on the grounds of sexual orientation and gender identity.
- Updating the existing legal gender recognition framework so it includes a non-binary or third gender option.
Annual Review of Switzerland
In our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia, we examine the advances made and provide concrete examples of on-the-ground situations at national level country-by-country in the 12 months from January to December 2024.
Read our Annual Review of Switzerland below for more details and stories behind the Rainbow Map. You can also download the Annual Review chapter (.pdf) covering Switzerland.
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In November, the European Court of Human Rights (ECtHR) condemned Switzerland, ruling that the country must re- examine the asylum application of a gay Iranian asylum seeker. The 34-year-old man had fled to Switzerland in 2019, citing mistreatment in Iran due to his sexual orientation, including insults and physical abuse from his family. Despite this, Swiss authorities rejected his asylum claim, arguing that being gay in Iran, where same-sex relationships are criminalised, was not sufficient grounds for persecution. The ECtHR disagreed, stating that the risk of the man’s sexual orientation being discovered in Iran, potentially leading to persecution, was significant. The judgment is not yet final, as Switzerland has three months to refer the case to the Grand Chamber of the ECtHR.
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In April, the Swiss Federal Court upheld the conviction of right- wing extremist Alain Soral for homophobic hate speech. In its ruling, the Court confirmed that Soral’s anti-LGBTI statements violated the anti-discrimination provisions of the Swiss Criminal Code (Article 261bis).
In September, the regional court Baden confirmed a penalty order against an employee of a bar who refused service to a lesbian couple (under Art. 261bis Criminal Code).
In October, the Council of States Law Commission voted against including “sex” into the anti-discrimination provision of the Swiss Criminal Code (Article 261bis). However, in December, the Council of States supported the parliamentary initiatives. With this decision, both chambers supported the initiatives and a legislative proposal will be presented.
In October, the Council of States’ law commission supported a parliamentary initiative demanding the mandatory expulsion of foreign nationals from Switzerland if they are convicted of discrimination, including hate speech, in the sense of Article 261bis Criminal Code (Article 66a Criminal Code).
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In response to the increase in reported hate crimes against LGBTI people, the LGBTI helpline launched the “305 Votes Against Hatred” campaign. The campaign, featuring 305 mobile phones arranged in Bern’s Bundesplatz and ringing simultaneously, seeks to represent a wake-up call to the Federal Council and policymakers.
In September, the public prosecutor of Zürich-Sihl issued six summary penalty orders to members of the group “Junge Tat” in relation to their attacks on a Drag Queen Storytelling event and a Pride worship service in 2022. The summary penalty orders are not final.
The LGBTIQ helpline, in collaboration with LOS, Pink Cross, and TGNS, released a report revealing a rise in hate crimes directed towards LGBTI people. The report underscored that the number of reported incidents has more than doubled compared to last year, emphasising the need for enhanced protective measures and a more robust response to these crimes.
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In June, political proposals to ensure modern and comprehensive sex education were officially submitted in nine cantons by Pink Cross, the Lesbian Organisation Switzerland, and Transgender Network Switzerland, in collaboration with parliamentarians.
These initiatives also aim to protect queer teachers and students from discrimination, highlighting the need for inclusive and respectful educational environments across Switzerland.
A study conducted by the University of Bern, alongside the University of Zurich, revealed concerning insights about the school climate for LGBTI students. The study stressed that over 90% of respondents reported homophobic and transphobic remarks from their classmates. Among the respondents, more than half faced exclusion from their peers due to bullying related to their sexual orientation or gender identity, and nearly two- thirds of trans and non-binary students experienced verbal harassment.
In May, the Canton of Valais introduced directions on the accompaniment of trans and non-binary pupils in obligatory and post-obligatory schools.
In November, the Canton of Basel-Stadt also introduced guidelines for schools to support them in accompanying trans pupils in an appreciating and non-discriminatory way. On CitizenGO, a petition against these guidelines was launched.
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In April, a group of parents from Pfäffikon utilised the pretext of criticising a school’s sex education programme to advance unfounded accusations against a gay teacher. The involved individual was subsequently dismissed from his position by the school’s administration.
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In January, the Grand Council of Basel-Stadt passed a revision of the Cantonal Equality Act. Although the revision was a highly- debated topic and sparked intense anti-trans rhetoric, no requests for referendums were lodged to halt the process and the revision was therefore enforced.
In September, the first LGBTI project leader started their position within the Basel-Stadt equality office. With the approval, Basel- Stadt became the first canton in German-speaking Switzerland to explicitly enshrine the equality of the LGBTI community in its legislation through the Basel-Stadt Equality Act, which ensures protections for all genders and sexual orientations.
Although similar gestures of support, such as raising the rainbow flag on public buildings during Pride Month, were accepted in other cities like Zurich and Winterthur, the city of Brugg in the canton of Aargau declined a request to do so. To justify the refusal, the city cited a policy to treat all interest groups equally and questioned the relevance of the rainbow flag to Brugg’s local context.
In May, the National Synod of the Christian Catholic Church in Aarau elected its first openly-gay bishop.
Zurich’s 30th Pride Anniversary drew tens of thousands of participants despite the presence of agitators who displayed anti- LGBTI banners and the arrest of two teenagers who were planning violent attacks against the event.
In November, the city of Biel/Bienne published two language guides: one on non-binary inclusive language and one on simple language, designed to make texts more accessible for people with reading or comprehension difficulties.
In November, voters from the city of Zürich upheld the city council’s language guide on non-binary inclusive language by a majority of 57%. The public vote was provoked by the popular initiative “Tschüss Genderstern” from the SVP party.
In September, the Federal Council announced that amendments to the Therapeutic Products Act regarding blood donation, adopted by Parliament, will come into force on January 1, 2025. These changes will enshrine the constitutionally guaranteed principles of non-remuneration and non-discrimination in blood donation law. Individuals will no longer be excluded from donating blood based on their sexual orientation. Instead, exclusion criteria will be based on individual risk behavior and scientific evidence.
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In January, SRF Investigativ aired a movie on health care for trans youth suggesting that professionals prescribe treatment too quickly, without careful diagnostics, and therefore many regret the treatment undergone. Several experts, as well as TGNS, protested against the movie and denounced its alleged biases.
In November, the National Advisory Commission on Biomedical Ethics published an opinion on medical treatment of minors with gender dysphoria.
The Swiss National Science Foundation launched a National Research Programme on Gender Medicine and Health, leading to 19 funded research projects, including some on trans medicine and health.
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In February, the National Council supported a motion by the Legal Affairs Committee of the Council of States, calling for the swift development of medical-ethical guidelines by the Swiss Academy of Medical Sciences (SAMS) on the diagnostics and treatment of children born with variations in sex characteristics. Organisations representing intersex persons are to be actively included in this process.
In April, reports from the Zurich Tages-Anzeiger revealed allegations of abuse of power at the Sozialwerk.LGBTI social centre. The allegations were linked to a series of incidents involving two individuals who were accused of engaging in inappropriate sexual relationships with queer adolescents in their care. The investigation into these allegations remains open.
In August, the parliament of the Zürich Canton voted – with a one-vote difference – against the demand for a report on full financial coverage of the support for intersex children and their parents. The report should have focused on psychosocial and psychotherapeutic support, self-support groups, and shared-decision making at hospitals in order to strengthen human-rights compatible alternatives to surgeries.
In November, following the approval of a ban on conversion therapies in the canton of Neuchâtel, the Valais Grand Council also approved a ban on conversion therapies as part of a partial revision of the Health Act.
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The Swiss army’s specialist unit “Women in the army and diversity” launched a short survey amongst non-binary members of the army in order to better understand their reality, experiences, and needs. The results will be published in 2025. Following the launch, the survey and the specialist unit’s work on diversity were questioned by a member of parliament from the Group of the Democratic Union of the Centre (UDC) in an interpellation.
In October, the Swiss army published the results of a survey conducted in 2023 on discrimination and sexual violence based on sex/gender and/or sexual orientation in the army, including measures to be taken to strengthen prevention and protection. The survey showed that minorities, i.e. women, and LGBT members of the army, experience more discrimination and sexualised violence and that these are not individual cases but a result of the organisation’s culture.
A study by the research institute gfs.bern, on behalf of Amnesty International and several LGBTI organisations, showed a more positive attitude towards gay, lesbian, and bisexual persons, and stronger prejudices as well as less sympathy towards trans and intersex people. In comparison to a similar survey conducted in the EU, LGBT people in Switzerland reported experiencing violence and discrimination more frequently.
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In April, the first two officers responsible for LGBTI equality at the Federal Office for Gender Equality took office.
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In May, close to 18’000 people supported an open letter “Break the code! For the recognition of non-binary people”.
In July, the Federal Office of Justice invited non-binary people to a meeting to learn about their challenges and demands. Federal Counsellor Beat Jans joined the event after having met with Nemo, a non-binary artist, already in June.
In November, the Federal Court decided on an appeal by the parents of a trans minor who refused to issue the child’s identity documents to the child’s guardian in order to prevent legal gender recognition. The case involved a couple and their child, who sought to change their gender and first name at the civil registry office in line with Article 30b of the Swiss Civil Code (CC), which allows individuals from the age of 16 who are capable of judgment to make such changes independently.
The parents had challenged their duty to provide the child’s identity documents and by this their child’s decision, arguing that the assessment of a minor’s capacity should be left to a psychiatrist, not a civil servant. The Court confirmed that as the child is over 16 and capable of judgment, according to Article 30b Civil Code, parental consent is not required for legal gender recognition. The Court stated also that no medical certificate
about the capacity of judgment is required unless the civil register officer has doubts and therefore requires such a certificate.
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In October, it was announced that starting in 2026, the city of Bern will implement a FINTA (Women, Intersex, Non-binary, and Trans People) quota for leadership positions in the city parliament, replacing the current women’s quota. This change was proposed by the Young Socialists. While the legal framework for the new quota is still being developed, the initiative marks a significant step towards more inclusive representation in local government.
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In May, Nemo, a non-binary Swiss singer, won the Eurovision Song Contest, creating intense visibility for non-binary people and their lack of legal recognition. In a poll by YouGov, 75% of respondents thought this win would have a positive impact on the queer community. Polls before and after Nemo’s win, by the Gottlieb Duttweiler Institut, showed an increase in positive attitudes towards non-binary people and a decrease in negative attitudes.
In November, following a referendum, the Canton of Basel-Stadt held a public vote on the expenditure for hosting the Eurovision Song Contest 2025. Opponents’ arguments included anti-non- binary rhetoric but the expenditure was supported by a majority of 67% of voters.
The full Annual Review for 2025 is available here.