Federal Council open to national ban on conversion therapy

The Federal Council has adopted a report on so-called "conversion" measures, practices aimed at changing the sexual orientation or gender identity of a lesbian, gay, bisexual, trans or queer person. The government reaffirms its opposition to such methods and condemns their use. It acknowledges that this is also a reality in Switzerland, even though precise data on how widespread it is are lacking.

These practices range from relatively subtle verbal pressure to serious violations of physical integrity. They can occur during childhood or adolescence, and in psychotherapeutic, medical, religious or family settings. According to the report, they expose those affected to psychological suffering, anxiety and depression, as well as damage to self-esteem and social relationships.

The "Panel Suisse LGBTIQ+" survey from 2023 offers an indication of the scale of the phenomenon: more than 9% of lesbian, gay or bisexual respondents said they had been exposed at least once to attempts at conversion. Among trans people, that share rises to around 16%.

Uneven protection across cantons

The Federal Council believes that current criminal, civil and healthcare-profession law already offers broad protection. Several cantons have nonetheless introduced additional administrative or criminal measures, or launched legislative projects to that effect, while others have no specific rules at all. The result is a level of protection that varies from region to region, which is why the government considers it appropriate to introduce a single set of rules at national level.

Drafting a specific criminal provision would, however, require an explicit mandate from Parliament, which could be granted, for instance, through a motion currently pending. A commission of the Council of States will now decide how to proceed with it.

Organisations defending LGBTIQ+ rights say they are only partly satisfied. Muriel Waeger, co-director of the Swiss Lesbian Organisation (LOS), states: "Ci saremmo aspettati una posizione chiara e diretta, che raccomandasse davvero al Parlamento di adottare le misure necessarie per proteggere queste persone" (We would have expected a clear and direct position, one that truly recommended Parliament adopt the measures needed to protect these people). According to Waeger, the government remains "su una posizione poco coraggiosa" (in a position that lacks courage).

Waeger also calls for action at cantonal level, including in Ticino: "Anche in Ticino sarebbe auspicabile che il Parlamento intervenga, poiché si tratta di leggi che possono essere adottate a livello cantonale" (In Ticino too it would be desirable for parliament to act, since these are laws that can be adopted at cantonal level). The canton currently has no rules explicitly banning conversion therapy. Zona Protetta, an association active in Ticino for sexual health and rights, told RSI it would welcome such a development.

One question remains open: who should actually guarantee protection for the people most exposed to these practices — often minors, or people dependent on a family, religious or therapeutic authority — a uniform national framework, or today's patchwork of cantonal laws.