The verdict of the highest court is met with criticism: Julian P. must either be a woman or a man

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Man or woman. There’s nothing else. The federal court issued a long-awaited ruling on Thursday. The five judges unanimously declared that it is not legally possible in Switzerland to officially have no gender.

For the researchers of Alec (47), the decision is a great disappointment. The founder of the Transgender Network Switzerland is committed to the interests of non-binary people – ie people who identify as neither male nor female. Some of these people were born with no obvious sex characteristics.

Neither woman nor man in Germany

This also applies to the person we call Julian P.* (34) here. P. would like to remain anonymous. Although she is at the center of the proceedings, she did not attend the public hearing in Lausanne on Thursday.

Julian P. was born in Aargau – officially as a girl. P. now lives in Berlin and has had the female first name changed to a male first name. In addition, P. had the gender data removed from the official register, which has been possible in Germany for some time. In Germany, P. is neither a woman nor a man. But what applies in Switzerland? The Federal Supreme Court has now dealt with this after the Ministry of Justice appealed against a decision of the Aargau Supreme Court.

From the point of view of the Federal Supreme Court, the separation of powers would be scrapped if Julian P. were also officially prohibited from having sex in Switzerland.

“I’m sad, not just for myself”

“I am sad, not only for myself, but also for everyone who, out of their own bewilderment, also hoped for a positive decision,” says P. about the decision.

P’s lawyer Stephan Bernard calls it irritating that Switzerland, for example, recognizes foreign trusts, which are also not provided for in Swiss law, but refuses to do the same with a German registration. He also criticizes the fact that the federal court relies on laws and reports that did not even exist at the time of the complaint.

Court calls on federal government to act

Bernard is seriously considering taking the case to the European Court of Human Rights. Federal judge Felix Schöbi (65) made it clear during the hearing that there is a good chance that Switzerland will be called back there. This is one of the reasons why the authorities in Bern could not sit back, despite the court victory. The current legal situation is “anything but satisfactory”.

Alec’s researcher sees it that way too. He estimates that about two percent of the Swiss population is non-binary. “In absolute numbers, that is more than people who work in agriculture,” says Recher. Solutions must be found for these people.

Parliament has already taken action

This is exactly what the Legal Commission of the National Council recently instructed the Federal Council to do. She deeply regrets the decision of the Federal Supreme Court, says her member Sibel Arslan (42), National Council member of the Greens. “Now the ball is in our hands in Parliament.” FDP council member Christa Markwalder (47) agrees that legal adjustments are needed. “Adjustments that help those affected, but don’t hurt anyone.”

* Name changed

Source:Blick