Swiss Supreme Court suspends threat of criminal charges for parents who refuse to enable daughter’s “transition”, following appeal filing 

  • In July, Geneva’s highest court demanded parents, under threat of criminal charges, enable child’s legal “sex change” by handing over her identity documents 
  • Swiss Supreme Court has “frozen” threat of criminal charges following parents filing appeal in court last week, pending outcome of case 
  • ADF International backs parents’ legal challenge, which can be supported HERE

Basel (25 September 2024) – The Swiss Federal Supreme Court has suspended the threat of criminal charges against parents separated from their daughter for refusing to enable her gender “transition”.  

The decision was made following the parents filing an appeal at the court (Schweizerisches Bundesgericht) last week. The parents, with the legal support of ADF International, are appealing a ruling ordering them to facilitate their 16-year-old teenager’s legal “sex change” by handing over her identity documents.  

“As a parent you want to protect your children. The state should not have the power to criminalise loving parents who want the best for their child."

The parents, whose identity is being kept anonymous, were separated from their daughter over a year ago by court order after they objected to their child’s “transition”, in a case that has garnered  worldwide attention. A video of the parents explaining their harrowing story has been viewed over 66 million times.  

Speaking about the appeal, the father said: “Our hope lies now with the Swiss Federal Supreme Court.

“As a parent you want to protect your children. The state should not have the power to criminalise loving parents who want the best for their child.” 

The parents are appealing a July ruling from the highest court in the canton of Geneva, the Court of Justice.  

Before the intervention of the Supreme Court, the ruling meant the parents could have been criminally charged if they did not hand over their daughter’s identity documents for her recorded sex to be changed from female to male in the civil registry records, in a legal “sex change”. 

A legal “sex change” could lead the daughter down the path of harmful physical interventions of puberty blockers, “cross-sex” hormone drugs, and, ultimately, body-altering surgeries. 

Case background 

The case centres on parents who responded to the mental health struggles of their daughter, who expressed “gender confusion”, with care and support, including obtaining mental health care for her.   

Concerned their daughter was being pushed to make hasty and potentially irreversible decisions, the parents declined puberty blockers and explicitly rejected her school’s attempt to “socially transition” her.  

The school disregarded the parents’ wishes, “socially transitioned” the daughter and liaised with the state child welfare agency Service de Protection des Mineurs (SPMI), in a situation which led to a court ordering that the daughter be separated from her parents. 

The daughter now lives in a government shelter and the parents’ access to her is regulated by the state. 

Billboard Chris, a father of two who campaigns to defend children from gender ideology, today mentioned this case in a speech he gave at the UN, where he was hosted by ADF International, about the harms of gender ideology on children. 

Further case details can be found here. 

Appeal filed at Supreme Court 

In the appeal filed with the support of ADF International, the parents argue their daughter is not able to discern the implications of a so-called “sex change” under the law, which would make her vulnerable to an array of dangerous physical interventions, including puberty blockers and surgeries.  

Furthermore, they argue the long-term health consequences of “transitioning” cannot be fully assessed by a teenager, especially considering the outside influences, including from her school, to which she continues to be subjected. 

According to the parents, no psychiatrist or other medical professional has provided a conclusive assessment of their daughter’s ability to understand the consequences of her decisions, which is a fundamental requirement under the law.  

Additionally, they highlight that the daughter’s state-appointed lawyer failed to submit any medical certification regarding her capacity to discern the implications of her decision.  

The parents believe their daughter’s well-being, both mentally and physically, is in danger as she continues to reside in the government youth shelter. 

Children who experience discomfort with their biological sex deserve to be treated with dignity and need compassionate mental health care, which these parents have gone to great lengths to provide. 

“Not only have these parents not had their concerns addressed by the court, but they have also endured a severe violation of their rights as loving parents, with the court transferring authority over their daughter’s medical care from them to the state, in addition to ordering that she reside in a government shelter. It is the responsibility of the Supreme Court to correct this grave injustice,” commented Dr Felix Boellmann, lead lawyer on the case for ADF International. 

The court is expected to take up to six months to reach a decision.  

Lower court judgment 

The decision in July by the Court of Justice confirmed a lower court’s ruling that the parents must hand over documents to enable their daughter’s “sex change” under the law.  

The Court of Justice based its ruling on Article 30b of the Swiss Code Civil, which does not require parental consent when a child capable of discernment is over 16 years of age.  

During the trial, the state child welfare agency failed in its duty to raise concerns about the child’s decision-making capacity.   

The court held a legal “sex change” could be considered in isolation from other steps to physically “transition”. However, the recent Cass Review in the UK demonstrated there is a clear path from “social transition” to irreversible medical interventions.  

Protecting children requires respecting families  

The parents’ legal team asserts that the ability to withhold the personal documents required for the daughter’s legal “sex change” is crucial to protect her from further harm posed by so-called “gender affirmative treatment”.  

The Swiss Federal Supreme Court is the last domestic recourse for the parents.  

Dr. Boellmann stated: “Safeguarding children from harmful agendas requires respect for the rights of parents. No child should be separated from their loving parents by the state. It is imperative that the Court recognizes, clearly and decisively, that the parents are the primary decisionmakers when it comes to the best interest of the child.  

“Now the court needs to step in to defend the wellbeing of this child, and in so doing, all other children in Switzerland. The Court must abide by Switzerland’s international human rights obligations to protect both the child and parental rights.” 

Read more about the background of the case here 

Images for free use in print or online in relation to this story only

“This is insane” – Elon Musk and others react to Swiss authorities separating child from parents who refuse to give her puberty blockers

  • Public figures worldwide comment on the “terrifying” case of the teenage girl in Geneva separated from parents simply for seeking to protect her from gender ideology
  • Father: “The story is truly a nightmare. Swiss authorities have taken our child, our daughter, who’s 16 years old.”
  • ADF International is supporting the parents in seeking justice in court – support the parents here

GENEVA (12 July 2024) – Elon Musk has weighed in after a teenage girl was separated from her parents by Swiss authorities, because her parents refused her puberty blockers. The girl has been housed in a government shelter for over a year.

This is insane,” commented the owner of “X” and Tesla CEO, adding, “This suicidal mind virus is spreading throughout Western Civilization”.

The case, currently unfolding in Swiss courts, centres on parents who responded to the mental health struggles of their daughter, who expressed “gender confusion,” with care and support, including obtaining mental health care. 

Concerned that their daughter was being pushed to make hasty and potentially irreversible decisions, they declined “puberty blockers” and explicitly rejected her school’s attempt to “socially transition” her. The school disregarded the parents’ explicit instruction. 

The school and the state child welfare agency, Service de Protection des Mineurs (SPMI), then brought a case against them in court.

“And that has meant for us many sleepless nights, a lot of deep pain, and a sense of hopelessness,” the father said.

“This is insane - This suicidal mind virus is spreading throughout Western Civilization"

For seeking to protect the health and wellbeing of their daughter, they now face a legal stand-off over their fundamental rights as parents to care for their child who, residing in a government shelter, is being encouraged to pursue dangerous medical interventions to “transition.”

Also commenting on the case, parental rights campaigner Billboard Chris said: “No child has ever been born in the “wrong body”. As parents, we have the duty to guide and protect our children as they navigate puberty – steering them away from harmful ideologies, and empowering them to feel confident in their own skin.”

Billboard Chris also asked: “Where are the Swiss politicians condemning this child abuse and violation of parents’ rights?

“Their child has been taken away simply for trying to protect her from harm.”

Dr. Felix Boellmann, lead lawyer on the case for ADF International, said: “Children who experience discomfort with their biological sex deserve to be treated with dignity and need compassionate mental health care, which these parents have gone to great lengths to provide.

“As a result, they are now living every parent’s worst nightmare. Their child has been taken away from them simply for trying to protect her from harm.

Amy Gallagher, the mental health nurse who is suing the UK Tavistock and Portman NHS Foundation Trust, said: “This case is terrifying. These parents have had their child taken from them by a State that is captured by gender ideology. I trust in faith and hope that the parents, with support from ADF International, will convince the legal authorities in Switzerland that this is not the path to take and the child is united with her parents swiftly. The Swiss authorities should take in to account the outcomes of the Cass Report and the increasing view that affirmation of transgenderism is dangerous.”

Kellie-Jay Keen: “global push to destroy families and access our children.”

Women’s rights campaigner Kellie-Jay Keen sees a global push to destroy families and access our children.  The erasure of female language, particularly around motherhood is part of this.  Mothers are the protectors of children, fathers are the protectors of families.  The state does not know or love our children better than parents. 

“Similar stories of state kidnap of children who have parents who recognise the harm of the quasi-religious authoritarian cult of trans have been reported in Canada, USA, Australia and I suspect many have gone unreported elsewhere.

“I have been raising the alarm for some time about this overreach.  One must ask who is pushing this and why they might be doing it.  Nothing I’ve come up with is anything other than malevolent.

“Parents must not sleepwalk into surrendering our most important duty, protecting our children.  Trust your instincts and talk to your children.

“In the UK, many schools refuse to use “son”, “daughter”, “child” or “children”, and prefer to use “your young person”.  We must fight this creep of erasing both the relation to our children and the fact they’re children.

More reactions, quotes and full background can be found here. To support the case and the parents click here.

Images for free use in print or online in relation to this story only

Berlin court undermines freedom of conscience in “morning-after pill” judgment 

  • Pharmacist acquitted for declining to sell morning-after pill for reasons of conscience; but Court fails to uphold conscience rights. 
  • Court ruling suggest that pharmacists who conscientiously object to sale of certain drugs must give up the profession.  
  • ADF International has been supporting pharmacist Andreas Kersten for six years – “Violation of freedom of conscience.”  

Berlin (03 July 2024) – The Higher Administrative Court (Oberverwaltungsgericht) of Berlin-Brandenburg has acquitted pharmacist Andreas Kersten of the charge of breach of professional duty, dismissing an appeal by the Berlin Chamber of Pharmacists. The Chamber has been ordered to cover Mr Kersten’s legal fees. While ruling in favour of Kersten, the Court failed to uphold the freedom of conscience of pharmacists in Berlin. 

Kersten was charged in 2018 when he exercised his freedom of conscience to refrain from selling a potentially abortifacient drug, the “morning-after pill,” in his pharmacy. The Court held that Kersten was relying on a letter from the federal Ministry for Health, which stated that pharmacists may exercise their conscience in such situations. According to the Court, he had no reason at the time to seek more legal information, resulting in his acquittal. 

“Even though I have been acquitted, I am dismayed by the reasoning rejecting our freedom of conscience. Now pharmacists could be forced to give up their beloved profession simply for staying true to their convictions."

However, in the oral judgment (a written judgment will follow), the presiding judge explained that the duty to provide drugs (including the morning-after-pill) overrides the freedom of conscience – a stance at odds with international human rights law protecting conscience. He noted that a pharmacist who could not reconcile the dispensing of certain drugs with his conscience would have to give up his profession. 

“I am relieved that the Court has rejected the sanction demanded by the Chamber of Pharmacists against me. I became a pharmacist to promote health, even to save lives. I cannot reconcile selling the so-called ‘morning-after pill’ with my conscience because of the potential to end a human life, however early. The first instance court initially backed my stance, finding no fault in my conscientious objection. But even though I have been acquitted, I am dismayed by the reasoning broadly rejecting our freedom of conscience. Now pharmacists could be forced to give up their beloved profession simply for staying true to their convictions,” said pharmacist Andreas Kersten after the judgment was handed down. 

Background: Charges for exercising conscientious objection  

Since 2018, the Berlin Chamber of Pharmacists has been pursuing professional proceedings against pharmacist and (then) owner of the Undine pharmacy, Andreas Kersten. He had declined to stock and sell the “morning-after pill” for reasons of conscience. The Berlin Administrative Court’s chamber for Healthcare Professional Claims ruled in Kersten’s favour in November 2019.   

At the time, the court held that pharmacists could invoke their freedom of conscience. However, the Chamber of Pharmacists appealed against the judgment, resulting in Kersten’s protracted wait for justice. 

Freedom of conscience in jeopardy 

On 26 June 2024, the higher court upheld Kersten’s acquittal in this specific case. It dismissed the Chamber of Pharmacists’ appeal in its entirety and ordered it to pay the costs of the proceedings.  

After more than five years of legal uncertainty, it is now clear that Andreas Kersten did not culpably breach his professional duties. We welcome this finding. However, the reasoning behind the judgment is egregious. In the oral judgment, the Court stated that pharmacists will have to choose between their convictions and their profession in the future, at least in Berlin,” said Dr Felix Böllmann, Director of European Advocacy for ADF International, which has supported Kersten’s case for six years. 

Böllmann continued: “The Berlin Higher Administrative Court’s reasoning is in direct contradiction to international law. Fundamental freedoms must be effectively guaranteed, not just on paper. But the Court’s reasoning contravenes freedom of conscience. It is entirely inappropriate for the Court to argue that someone must exit their profession for choosing to exercise their freedom of conscience – this is an argument the European Court of Human Rights rightly rejected years ago. 

“Morning-after pill”: abortifacient effect 

In addition to other side effects, the morning-after pill has a potential abortifacient effect.

No one should be forced to take an action that clearly contradicts their conscience – especially when it comes to life and death. Any pharmacist or doctor who experiences coercion because of this is welcome to reach out to our team. Together we can defend freedom of conscience. A free state committed to basic human rights should never allow what amounts to a professional ban on the grounds of conscience,” Böllmann concluded.  

Images for free use in print or online in relation to this story only

“Don’t tell your parents”: Parents of Austrian primary school students subjected to radical “sexuality education” seek justice 

  • Teacher in Austria forced children to partake in disturbing “instruction” following WHO-Standards for sexuality education in Europe 
  • Students reported nightmares following the classes; Mother states, “Our daughter was robbed of her childhood”; ADF International backs the parents’ case  
Vienna (26 June 2024) – Elementary school children in Upper Austria were forced to partake in disturbing “sexuality education” lessons, without the knowledge or consent of their parents. Over the course of a year, the children (aged 8-10) were subjected to sexually explicit “information,” images, and actions by their teacher, who further pressured them not to talk to their parents about what was happening.  ADF International is now backing the parents’ case for justice following the harm inflicted upon their children by way of the school’s “comprehensive sexuality education.”  Ideological curricula advancing the sexualisation of children are drafted and disseminated by international bodies such as the United Nations. Like most European countries, Austria has introduced “comprehensive sexuality education” based on WHO standards. This case demonstrates the real-world impact of these standards, subjecting children to inappropriate and abusive content in violation of both their rights and the rights of their parents. 

“Our daughter was robbed of her childhood, damaged, and disturbed. It is unacceptable that primary school children are being subjected to radically inappropriate content and that protective barriers against abuse are falling."

Making matters worse, the Upper Austrian Directorate of Education failed to respond to the parents’ complaints, once made aware of the situation. The parents’ case is based on the fact that not only were they not informed by the teacher as to the nature of her “courses,” but also they were met with a lack of transparency on the part of the Directorate. The Directorate has discontinued disciplinary proceedings against the teacher, a significant development that the parents discovered only from media reports. 

Comprehensive Sexuality Education: A Global Agenda 

Felix Böllmann, Director of European Advocacy for ADF International, states: “What happened to these Austrian children demonstrates the catastrophic implications of an agenda that seeks to indoctrinate children outside of the control of their parents.” 

The radical indoctrination of children through “sexuality education” curricula is a global problem. The World Health Organization (WHO), UNESCO, and other actors within the United Nations system have dedicated enormous resources to the international promotion of so-called “comprehensive sexuality education” (CSE) to children without parental consent. CSE guidelines are rife with examples of the extreme sexually-explicit, ‘information’ children are to be taught from a very young age under the guise of “empowering” them.   

Böllmann continues: “Austria guarantees parental rights, recognising that parents are best positioned to protect their children, and these rights are likewise enshrined in international law. 

Parents should not have to fear the worst when they send their children off to school. No parent should have to worry that their child will be subjected to deeply problematic images and ‘information’ at the hands of their teacher.  

That is why we are pushing back against the surreptitious importation of this radical and explicit content–in this school, for the benefit of these students and their parents. But also for other children and parents who may not yet be aware of the materials being used in schools across Europe.” 

The ideology behind “comprehensive sexuality education” assumes that children should be sexualised from the first moments of their life. For example, Uwe Sielert, a proponent of extreme sexual pedagogy, worked together with the WHO Regional Office for Europe to develop the “Standards for Sexuality Education in Europe” in 2010. These standards promote an aberrant vision of sexuality education for children, far removed from basic sexual health information, in direct violation of the guaranteed rights of parents to raise and educate their children in line with their own worldview and free from harm. They lay the groundwork for cases such as that of these Austrian children who have been subjected to such content at the hands of their teacher. 

Parents have a great responsibility to protect their children from harm, but they can’t do that if they don’t know what is happening behind classroom doors. And children have the right to be protected from harm. Exposing children to radical ‘sexuality education’ thus violates the rights of both children and their parents,” Böllmann says. 

Comprehensive Sexuality Education: A Global Agenda 

At issue in this case is the compulsory participation of young students in classes containing graphic sexual content in the name of “diversity” education, without the knowledge or consent of their parents, ultimately made possible by European-wide “comprehensive sexuality education” standards. 

Students’ testimony details the disturbing content to which they were subjected, including how their teacher made them watch a graphic film and repeatedly described sexual practices in detail with words and pictures, even when the children objected. After the lessons, the children reported being “disturbed” and were visibly unable to process what they were shown and why. 

Our daughter was completely distraught when she came home from class. The content was in no way age-appropriate sex education, but rather deeply ideological content aimed at sexualising our children,” says the mother of one of the students. 

ADF International is backing the legal defense of these parents to hold both the school and Austrian authorities accountable for the failure to respect their parental rights.  

“ADF International is committed to supporting these parents in the defence of their basic human rights. The school must be held responsible for its duty to uphold the rights of parents to oversee the education of their children. The same applies to the duty of Austrian authorities to abide by the country’s international law commitments on parental rights,” Böllmann concludes 

Images for free use in print or online in relation to this story only