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EQUALITY

Could Switzerland officially recognise a third gender status?

Legally, there are only two sexes in Switzerland: men and women. But could Nemo’s victory in the Eurovision Song Contest on Saturday change this?

Could Switzerland officially recognise a third gender status?
Swiss singer Nemo, holding a flag of the non-binary community, among their supporters in Zurich. Photo by ARND WIEGMANN / AFP

Nemo identifies as ‘non-binary,’ that is, neither male nor female — the so-called ‘third sex.’

Therefore, non-binary people use the pronoun ‘they’ to identify themselves, rather than ‘he’ or ‘she.’

Nemo said their winning song, “The Code,” should send a message that Switzerland, where between dozens and possibly hundreds of thousands people are non-binary — should officially recognise those who don’t feel they belong to either the masculine or the feminine gender.

In a study by the Ipsos institute dated June 2023, Switzerland had the most people declaring themselves non-binary, transgender or gender fluid, among 30 countries analysed. Could the fact that neighbours Austria and Germany already recognise the so-called “third sex” encourage Switzerland to make a similar move?

So will it?

In a report it published at the end of 2022, the Federal Council decided that Switzerland is not ready to register a third gender in the civil status register.

Such a change, the government pointed out at the time, would require numerous adaptations of the Constitution, as well as federal and cantonal laws.

The population may not be quite ready for such a change either.

In May 2023, a survey published by Tamedia, Switzerland’s largest media group, showed that 62 percent of respondents, when asked whether they would approve of adding a “third gender” or “miscellaneous” box in official documents, answered “no.”

Could Nemo’s victory shift public opinion, along with the government’s stance?

The hopes of the non-binary community lie with Beat Jans, head of the Federal Department of Justice.

Before he was elected to the Federal Council in December 2023, Jans was the head of Basel’s government.

In that role, he launched a number of measures to expand the canton’s equality law to combat sex discrimination, including against non-binary, trans, intersex people, and the LGBTQIA+ community in general.

Jans already said he wants to meet with Nemo and discuss their views of the issues faced by that community in Switzerland.

Whether such a meeting would actually pave the way to statutory changes, however, remains to be seen.

How do the Swiss feel about non-traditional family models in general?

In September 2021, 64 percent of Swiss voters approved the “marriage for all” legislation, allowing gay and lesbian couples to get legally married.

The law went into effect on July 1st, 2022. 

Several years prior, in 2018, the parliament had extended the scope of Switzerland’s anti-racism laws to include discrimination based on sexual orientation.

As a result, homophobia had become a criminal offence.

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SEXISM

Switzerland labelled a ‘pimp state’ for its attitude towards prostitution

Switzerland has been blasted as being a "pimp state" for its laws around prostitution, in a special UN report set to be released on Friday.

Switzerland labelled a 'pimp state' for its attitude towards prostitution

Reem Alsalem, the UN’s special rapporteur on violence against women and girls, was set to present her annual report to the UN Human Rights Council in Geneva today.

In it, she is particularly critical of Switzerland’s stance on prostitution, which is not only legal in the country, but also treated like any other service industry.

Alsalem said this approach has led to a “significant increase in foreign women” engaged in prostitution in the country, calling Switzerland a “pimp state” which benefits from taxes levied on sex workers and brothels.

In response, PROCORE, the national network for the rights of sex workers, countered that prostitution, as it is practiced in Switzerland, cannot be equated with violence and coercion.

READ ALSO: Five things that reveal Switzerland’s unique attitude to prostitution

Prostitution has been legal in Switzerland since 1942, though, like everything else in this country, it is heavily regulated.

However, the rules are intended to protect sex workers and allow them to work freely — that is, to rule out any attempts by third parties at foul play (read more about this below).

Today, there are more than 20,000 prostitutes of all genders registered in Switzerland.

Interestingly, the trend in this ‘profession’ mirrors the one observed in the country’s labour market in general: because of the high earning potential, Switzerland is a mecca for foreign sex workers, mostly from South America, Eastern Europe, and EU nations.

All of them are considered to be self-employed contractors and can choose venues where to ply their trade, such as brothels, clubs, or streets.

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