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International Covenant on Civil and Political Rights
Switzerland (CCPR 22-08-2017)
The Human Rights Committee considered the fourth periodic report of Switzerland (CCPR/C/CHE/4) at its 3374th and 3375th meetings (see CCPR/C/SR.3374 and 3375), held on 3 and 4 July 2017. At its 3403rd meeting, held on 24 July 2017, it adopted the following concluding observations.
C. Principal matters of concern and recommendations
- The Committee takes note of the work of the National Advisory Commission on Biomedical Ethics regarding intersexuality and of the 6 July 2016 press statement by the Federal Council. It remains concerned, however, that the performance of surgical procedures on intersex children, causing physical and mental suffering, is still not strictly regulated. It also wishes to express concern that the conduct of surgery without consent has not yet given rise to any inquiry, sanction or reparation (arts. 3, 7, 24 and 26).
- The State party should:
(a) take all necessary measures to ensure that no child undergoes unnecessary surgery intended to assign sex;
(b) see to it that medical records are accessible and that inquiries are launched in cases where intersex persons are subjected to treatment or surgical procedures without their effective consent; and
(c) ensure that psychological assistance and reparation, including compensation, are provided for victims of needless surgical procedures.