Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics
A Manual for National Human Rights Institutions
Photo by UNDP/H. Nhan.
A 2012 opinion from the Swiss National Advisory Commission on Biomedical Ethics sets out clear
limitations on the extent to which weight should be given to psycho-social factors:
Decisions are to be guided, above all, by the child’s welfare ... The limiting factor in the consideration of
family/cultural circumstances will be the physical and psychological integrity of the child. An irreversible sex
assignment intervention involving harmful physical and psychological consequences cannot be justified
on the grounds that the family, school or social environment has difficulty in accepting the child’s natural
physical characteristics. … If such interventions are performed solely with a view to integration of the child
into its family and social environment, then they run counter to the child’s welfare. In addition, there is no
guarantee that the intended purpose (integration) will be achieved.279
In its February 2015 concluding observations on Switzerland, the Committee on the Rights of the Child
cited the recommendations of the National Advisory Commission on Biomedical Ethics in its discussion
of harmful practices. The Committee urged the State Party to:
279
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Swiss National Advisory Commission on Biomedical Ethics, On the Management of Differences of Sex Development. Ethical Issues
Relating to “intersexuality”. Opinion No. 20/2012, p 13; at www.nek-cne.ch/fileadmin/nek-cne-dateien/Themen/Stellungnahmen/
en/NEK_Intersexualitaet_En.pdf. Emphasis in original.