Report on non-binary people like Nemo Switzerland should keep male/female distinction, but ...

People who are neither male nor female encounter problems and resistance in everyday life. The federal government is now looking at pragmatic solutions without touching the existing system.

In politics, there are few topics that polarize and trigger emotions as strongly as the existence of non-binary people - in other words, people who cannot or do not want to clearly classify themselves as men or women.

It is not known exactly how many people are affected in Switzerland. However, it is estimated that between 103,000 and 154,000 people are affected. These include singing talent Nemo, model Tamy Glauser and literary prizewinner Laura Leupi - people who do not want to fit into traditional gender roles.

After Nemo's victory at the Eurovision Song Contest at the latest, it became clear to the Swiss parliament that politicians should address their situation. Parliament instructed the Federal Council to examine ways of helping non-binary people - but without fundamentally abandoning the existing binary gender model in law. This week, the Federal Council published its report on the subject.

blue News answers the most important questions on the topic.

Non-binary people do not or only partially identify with the categories "female" or "male". Some don't relate to the idea of 'gender', others feel their identity is mixed or changeable. For some, it is simply unimportant how they are perceived in terms of gender. Still others fundamentally reject the two-part gender model.

It is important to understand that gender identity is not the same as biological sex. There is also more biological diversity than is often assumed. The existence of intersex people shows that even nature does not strictly adhere to two clearly separable genders.

Many difficulties arise in everyday life. Many forms only recognize "male" and "female". Toilets and checkrooms are separated. Official ID cards also only allow two genders. This can lead to uncomfortable or stressful situations for some of the people in between. Historically, those affected have often been forced to conform to one of the two genders.

The report clearly shows that this has consequences: Many non-binary people struggle with psychological distress. Depressive symptoms and suicidal thoughts are significantly more common in this group than in the population as a whole. The Federal Council speaks of serious difficulties that should not be overlooked.

The Federal Council makes it clear that the Swiss legal system has a deeply binary structure. The idea that everyone must be either a man or a woman runs like a red thread through all laws.

This applies, for example, to the civil status register, international passport standards, the Gender Equality Act and many IT systems based on it. In some cases, adjustments would be technically demanding, expensive or difficult to implement internationally.

Nevertheless, the Federal Council recognizes that those affected need protection. Today, this protection is based on general fundamental rights such as the prohibition of discrimination and the right to privacy. However, the report shows that these rules often have too little effect in everyday life.

Some measures are already in the works - including stricter rules against hate speech on the internet and an action plan against violence against LGBTIQ people. Parliament is discussing extending the criminal law against discrimination. If the characteristic "gender" were added in future, non-binary people would automatically be better protected against hate speech.

The Federal Council is also examining adjustments to administrative issues. For example, changing a first name alone without changing the gender entry could become easier in future. However, due to a loophole in the law, people who want to change their first name due to a non-binary gender identity currently pay more for this step than trans people who have their name changed as part of a simultaneous change of gender entry.

Changes to the gender entry on ID cards are also conceivable, but these are technically and internationally sensitive. A third entry such as "X" would be possible in the Swiss passport, but could cause problems when entering certain countries. More flexibility would be conceivable for the ID card, but would require more in-depth clarification.

The Federal Council makes it clear that the fundamental gender division of the state should remain in place. At the same time, everyday life should be pragmatically made easier for people who do not fit into this grid. Some cantons - such as Basel-Stadt or Geneva - are demonstrating that such solutions are possible with extended equality laws.

The issue is also becoming more visible. More and more companies, universities and municipalities are looking into gender-neutral toilets or training their staff in dealing with different gender identities. The Federal Council wants to monitor these developments and examine improvements where they are practicable and legally feasible.