Nidwalden is governed by federal Switzerland law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Varies by Region
- Age of Consent
- ✔ Equal
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Public Opinion
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Same-sex marriage in Nidwalden is legal.
Current status
Since Jul 1, 2022
Legal
Switzerland approved same-sex marriage with a national referendum.
Censorship of LGBT issues in Nidwalden is no censorship.
Current status
No censorship
In Switzerland, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Nidwalden is legal, no restrictions.
Current status
Since Jan 1, 2022
Legal, no restrictions
Change of sex is legal though there are now specific laws concerning the matter. In 1993, the Federal Supreme Court of Switzerland stated that a change of sex should be "irreversible"; many judges interpreted it as the person had to go under surgery. In 2012, the Federal Department of Justice and Police via its Federal Office for Civil Registration released a statement about how transsexualism should be handled by cantonal Register offices. The FOCR stated that the Judges and Authorities should cease to oblige a person to go through forced sterilisation in order to have their sex change recognised. Furthermore, a person is granted to choose his or her gender according to his or her social gender and not anymore according to his or her biological gender.
Legal recognition of non-binary gender in Nidwalden is not legally recognized.
Current status
Not legally recognized
Switzerland does not currently legally recognize non-binary identities.
LGBT discrimination in Nidwalden is illegal in some contexts.
Current status
Since Jul 1, 2020
Illegal in some contexts
Since 2020, an amendment to Article 261 bis of the Criminal Code (1937) penalises discrimination based on "sexual orientation" in the provision of goods and services. Article 261 bis of the Criminal Code was amended to include “sexual orientation” in the provision that criminalises public denigration, discrimination, or incitement to those actions, as well as the public dissemination of ideologies that aim to systematically denigrate or defame members of a protected group.
LGBT employment discrimination in Nidwalden is no protections.
Current status
No protections
Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and gender identity in employment.
LGBT housing discrimination in Nidwalden is no protections.
Current status
No protections
Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and “gender identity in housing.
Same-sex adoption in Nidwalden is legal.
Current status
Since Jul 1, 2022
Legal
The new law of same sex marriage for Switzerland also guarantees adoption rights for same sex couples.
Second parent adoption only
The registered partnership act was amended to allow second parent adoption by same sex couples.
Intersex infant surgery in Nidwalden is not banned.
Current status
Since Apr 18, 2019
Not banned
In April 2019, the Grand Council of the Canton of Geneva adopted two motions (no. 2491 and no. 2541) aimed at banning non-vital surgical procedures on intersex children at cantonal level.
In March 2022, the Federal Council was considering another motion (22.3355) which urges the Federal Council to present a bill to prohibit any irreversible and non-consensual surgical or hormonal interventions on the sexual characteristics of intersex children. This measure also allows interventions that are necessary to avoid a life-threatening situation or a danger to the child's health.
In March 2022, the Federal Council was considering another motion (22.3355) which urges the Federal Council to present a bill to prohibit any irreversible and non-consensual surgical or hormonal interventions on the sexual characteristics of intersex children. This measure also allows interventions that are necessary to avoid a life-threatening situation or a danger to the child's health.
Serving openly in military in Nidwalden is lesbians, gays, bisexuals permitted, transgender people banned.
Blood donations by MSMs in Nidwalden is legal.
Current status
Since Nov 1, 2023
Legal
New blood donation rules are now based on an updated risk assessment of various sexual behaviours and are equally applied to all people regardless of sexual orientation.
Banned (1-year deferral)
In early May 2017, the National Council approved a motion calling on all restrictions on gay and bisexual men donating blood to be lifted. According to the National Council, only risky behaviour should be a factor for blood donation, not one's sexual orientation. The motion, introduced by the Conservative Democrats, was approved 97–89.[66] However, this was rejected by the Council of States on 29 November 2017.[67] The 1 year deferral period for gay and bisexual men donating blood therefore remains in place.
Conversion therapy in Nidwalden is varies by region.
Current status
Since May 16, 2024
Varies by Region
On May 2, 2023 Neuchâtel banned conversion therapy. Valais Canton banned conversion therapy through the Cantonal parliament on the 16th of May 2024. Neuchâtel and Valais are cantons of Switzerland, of which there are 26. In the other 24 member states of the Swiss Confederation, conversion therapy remains legal. At the federal level, a bill has been languishing in parliament to ban conversion therapy at the national level.
Equal age of consent in Nidwalden is equal.
Current status
Since 1992
Equal
Consensual age is Switzerland is 16 years old, unless the difference in age between the persons involved is not more than 3 years.
Legal Rights
75 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Nidwalden to help improve its accuracy.
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Alternative names: Nidwald