Non binary rights

Even though we are fundraising with a flexible goal—because every bit helps—we nevertheless have a clear aim: to raise 45,000 CHF!

15,000 CHF
​​If we reach this first stage, we will be able to cover already incurred legal fees and court costs for the case in front of the cantonal court of appeal in Aargau up to the Federal Supreme Court.

30,000 CHF
If we manage to reach this second goal, we will now have the means to respond to the Federal Supreme Court’s ruling—regardless of its outcome.

Because if the Federal Supreme Court does not approve the recognition of the deleted gender entry, the case could be brought in front of the European Court of Human Rights in Strasbourg. This would entail further costs. And if the ruling is positive, we would use this amount to step up efforts in educating the public about the lived realities and needs of non binary people.

45,000 CHF
Should we reach this third and final goal, we could finance the work that the legal department of TGNS has been investing in the case from Aargau. Since the case was in preparation for several years, it took up an unprecedentedly large amount of resources that have gone beyond the usual scope of TGNS’ legal department. Offsetting these expenses will contribute to the continued financing of the work of TGNS.

If we manage to raise more than 45,000 CHF, any additional money will go to TGNS, allowing the organization to do even more for non binary people.

In recent years, ”non binary” (also spelled “non-binary” or “nonbinary” by many) has established itself as an umbrella term that unites people who identify as in-between, outside, only partially as, as both, or not at all as male or female. Some also identify as having no gender. And for some, their gender identity is fluid. Non binary people also use other terms—some of them being more nuanced descriptors—such as genderqueer, genderfluid, bigender, pangender, agender, gender nonconforming, etc. What all non binary gender identities have in common is that the existing binary gender system of “woman or man” does not fit or is restrictive.

Based on surveys from other countries, the number of non binary people in Switzerland can be estimated to lie between 103,000 and 154,000 people—about the same number as people living in the city of Bern.

As first studies show, non binary people in Switzerland are more prevalent to suffer from symptoms of depression in comparison to people whose gender identity aligns with the gender binary. One important factor in this is the fact that the gender identity of non binary people is often ignored. This happens in many places, for example, in the private sphere, at work, on forms, in the media, and even at state level. While the struggle for recognition needs to address all of these aspects, the introduction of official gender markers beyond "F" or "M" is a particular concern for non binary people. A 2019 survey by TGNS confirmed just this.

We have seen more and more countries introducing such options in recent years. Germany, for instance, offers the options of either a “deleted” entry or the entry “diverse.” Internationally, “X” is the established non binary gender being used in passports. Such an “X" is offered by an increasing number of countries, including Austria, the USA, Malta, Belgium, Denmark, the Netherlands, and Spain.

Some of these countries have had to introduce such options as a result of rulings by their constitutional courts. These courts have confirmed that non binary people have the same right as everyone else to be recognized by the state. In other words: this recognition is a fundamental human right. We want to see this human right achieve a breakthrough also in Switzerland.

As the cantonal court of appeal of Aargau also acknowledged: Non binary gender identities are “already a social reality.” We are not some abstract concept. We are people. 
As such, we have the right to a gender marker that fits our identity. We no longer accept being discriminated against but demand our rights, also from Switzerland.

General further information (in German, French, and Italian): www.tgns.ch

Further information on the subject of non binary gender identities:
transequality.org

The verdict by the cantonal court of appeal in Aargau (in German):
www.tgns.ch

A 2018 study on gender minority stress and depressive symptoms in transitioned swiss transpersons, including non binary people: static1.squarespace.com

A 2019 survey by TGNS on gender marker preferences by non binary people (in German): www.tgns.ch

Estimation of the number of non binary people in Switzerland, included in the report by the National Advisory Commission on Biomedical Ethics (NCE): www.nek-cne.admin.ch