Transgender rights in Switzerland
16/09/2010
Submitted by
TGNS - Transgender Network Switzerland
Change of name
Change of name without change of legal gender is in the competence of the cantons, according to art. 30 civil code. Trans is recognized as a reason to change name, but the exact conditions are set by the Canton and differ highly. Few still require sterilisation and/or dissolution of an existing marriage.
Change of legal gender
Change of legal gender is in the competence of the courts of first instance, according to art. 42 civil code. The exact conditions are set by the court and differ highly. Sterilisation is required everywhere. Despite the fact that it is a breach with the civil code, some courts require dissolution of an existing marriage.
Right to marry in new gender
After one's legal gender has been changed, one enjoys all the rights equally to any other person of that gender. This includes the right to get married or to enter a registred partnership according to the new legal gender.
Coverd expenses for medical treatment
The costs for hormonal therapy are coverd by the basic health insurances. For transmen, not all available forms of testosteron are coverd.
Gender reassignment surgery is coverd by the basic mandatory health insurance (see decisions of the Federal Supreme Court: BGE 120 V 463 and K_142/03). In 1988, the Federal Supreme Court decided that health insurances may oblige a trans person to follow a two year psychological therapy before the costs for surgery have to be coverd. In its decision Schlumpf c. Suisse from 8th january 2009, the ECHR stated that a "mechanic application" of this two years clausula is a breach with the convention. 15th septembre 2010, the Federal Supreme Court decided on the revision of the Schlumpf case. The underlying decision from 2005 was revoked and the question, weather Ms Schlumpf met all the conditions for the reimbursement or not, was handed again to the court of the Canton. With this decision, the Federal Supreme Court stated that it does not support the two years requirement anymore (BGE 9F_9/2009).
According to the highest national court's jurisdiction, the minimal age is still 25 years. De facto, several transpersons under 25 had their grs coverd by the health insurance.
As the quality of most surgeons performing grs in Switzerland is poor, coverage of surgery in cliniques abroad is highly needed - but still refused. In 2010, a case challenging this question was started.
Change of name without change of legal gender is in the competence of the cantons, according to art. 30 civil code. Trans is recognized as a reason to change name, but the exact conditions are set by the Canton and differ highly. Few still require sterilisation and/or dissolution of an existing marriage.
Change of legal gender
Change of legal gender is in the competence of the courts of first instance, according to art. 42 civil code. The exact conditions are set by the court and differ highly. Sterilisation is required everywhere. Despite the fact that it is a breach with the civil code, some courts require dissolution of an existing marriage.
Right to marry in new gender
After one's legal gender has been changed, one enjoys all the rights equally to any other person of that gender. This includes the right to get married or to enter a registred partnership according to the new legal gender.
Coverd expenses for medical treatment
The costs for hormonal therapy are coverd by the basic health insurances. For transmen, not all available forms of testosteron are coverd.
Gender reassignment surgery is coverd by the basic mandatory health insurance (see decisions of the Federal Supreme Court: BGE 120 V 463 and K_142/03). In 1988, the Federal Supreme Court decided that health insurances may oblige a trans person to follow a two year psychological therapy before the costs for surgery have to be coverd. In its decision Schlumpf c. Suisse from 8th january 2009, the ECHR stated that a "mechanic application" of this two years clausula is a breach with the convention. 15th septembre 2010, the Federal Supreme Court decided on the revision of the Schlumpf case. The underlying decision from 2005 was revoked and the question, weather Ms Schlumpf met all the conditions for the reimbursement or not, was handed again to the court of the Canton. With this decision, the Federal Supreme Court stated that it does not support the two years requirement anymore (BGE 9F_9/2009).
According to the highest national court's jurisdiction, the minimal age is still 25 years. De facto, several transpersons under 25 had their grs coverd by the health insurance.
As the quality of most surgeons performing grs in Switzerland is poor, coverage of surgery in cliniques abroad is highly needed - but still refused. In 2010, a case challenging this question was started.
