Gender recognition: Difference between revisions
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[[File:World_map_nonbinary_gender_recognition.svg|thumb|600px|right|Map of recognition of nonbinary gender. (Graphic may not be as up to date as the rest of this article.)<br> | [[File:World_map_nonbinary_gender_recognition.svg|thumb|600px|right|Map of recognition of nonbinary gender. (Graphic may not be as up to date as the rest of this article.)<br> | ||
* Dark blue: Non-binary / third gender option available as voluntary opt-in | * Dark blue: Non-binary / third gender option available as voluntary opt-in<br> | ||
* Yellow: Opt-in for intersex people only | * Yellow: Opt-in for intersex people only<br> | ||
* Orange: | * Orange: Standard for third gender<br> | ||
* Red: | * Red: Standard for intersex<br> | ||
* Grey: Nonbinary / third gender option not legally recognized / no data]] | * Grey: Nonbinary / third gender option not legally recognized / no data]] | ||
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== Recognition worldwide == | == Recognition worldwide == | ||
One international problem is that all passports and other identity documents list gender (they are usually called "[[sex]]"),<ref>Lauren Bishop. "Gender and Sex Designations for Identification Purposes: A Discussion on Inclusive Documentation for a Less Assimilationist Society." 30 Wis. J.L. Gender & Soc'y 131, 134-35. Fall 2015 (containing a broad comparative discussion of this problem in academic legal scholarship). available at http://hosted.law.wisc.edu/wordpress/wjlgs/fall-2015-volume-xxx-no-2/</ref> and most countries require that gender to be either female or male.<ref>"X gender markers on passports." http://lgbt.libdems.org.uk/en/page/x-gender-markers-on-passports</ref> A few countries allow passports to have a nonbinary gender marker, called X (unspecified or [[X-gender]]), T ([[transgender]] or [[third gender]]), E ([[eunuch]]), I ([[intersex]]) or O ([[other]]), depending on the country. Having a nonbinary marker on one's passport can make it impossible to [[travel]] to a country whose passports don't give that option.<ref>Aron Macarow. "These Seven Countries are Way Ahead of the US on Trans Issues." February 9, 2015. Attn. http://www.attn.com/stories/868/transgender-passport-status</ref> | One international problem is that all passports and other identity documents list gender (they are usually called "[[sex]]"),<ref>Lauren Bishop. "Gender and Sex Designations for Identification Purposes: A Discussion on Inclusive Documentation for a Less Assimilationist Society." 30 Wis. J.L. Gender & Soc'y 131, 134-35. Fall 2015 (containing a broad comparative discussion of this problem in academic legal scholarship). available at http://hosted.law.wisc.edu/wordpress/wjlgs/fall-2015-volume-xxx-no-2/ [https://web.archive.org/web/20180902204753/http://hosted.law.wisc.edu/wordpress/wjlgs/fall-2015-volume-xxx-no-2/ Archived] on 17 July 2023</ref> and most countries require that gender to be either female or male.<ref>"X gender markers on passports." http://lgbt.libdems.org.uk/en/page/x-gender-markers-on-passports [https://web.archive.org/web/20230604025100/https://lgbt.libdems.org.uk/en/page/x-gender-markers-on-passports Archived] on 17 July 2023</ref> A few countries allow passports to have a nonbinary [[Gender markers|gender marker]], called X (unspecified or [[X-gender]]), T ([[transgender]] or [[third gender]]), E ([[eunuch]]), I ([[intersex]]) or O ([[other]]), depending on the country. Having a nonbinary marker on one's passport can make it impossible to [[travel]] to a country whose passports don't give that option.<ref>Aron Macarow. "These Seven Countries are Way Ahead of the US on Trans Issues." February 9, 2015. Attn. http://www.attn.com/stories/868/transgender-passport-status [https://web.archive.org/web/20221213084025/https://www.attn.com/stories/868/transgender-passport-status Archived] on 17 July 2023</ref> | ||
Another global problem for transgender rights is that many countries require too much of a transgender person in order to allow them to have a legal transition. Many countries require proof of [[surgery]] in order to do this. Many countries even require transgender people to go through bottom surgeries that would effectively [[Sterilization|sterilize]] them in order to [[transition]]. International law calls compulsory sterilization a crime against humanity,<ref>As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", Page 201. He references RSICC/C, Vol. 1 p. 360</ref><ref>Rome Statute of the International Criminal Court http://legal.un.org/icc/statute/romefra.htm</ref> but it is still the law in many countries. | Another global problem for transgender rights is that many countries require too much of a transgender person in order to allow them to have a legal transition. Many countries require proof of [[surgery]] in order to do this. Many countries even require transgender people to go through bottom surgeries that would effectively [[Sterilization|sterilize]] them in order to [[transition]]. International law calls compulsory sterilization a crime against humanity,<ref>As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", Page 201. He references RSICC/C, Vol. 1 p. 360</ref><ref>Rome Statute of the International Criminal Court http://legal.un.org/icc/statute/romefra.htm [https://web.archive.org/web/20230609060357/https://legal.un.org/icc/statute/romefra.htm Archived] on 17 July 2023</ref> but it is still the law in many countries. | ||
In the table below, countries are listed in alphabetical order. To make them easier to skim, they use a colour code based on traffic lights: | In the table below, countries are listed in alphabetical order. To make them easier to skim, they use a colour code based on traffic lights: | ||
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| [[Recognition (Australia)|Australia]] | | [[Recognition (Australia)|Australia]] | ||
| style="background-color:#9ff;" | Starting in 2000, Australia allows nonbinary ''and'' intersex people to get passports with the nonbinary gender marker "X (indeterminate/unspecified/intersex)," requiring only a letter from a doctor, not proof of surgery.<ref>https://www.passports.gov.au/web/sexgenderapplicants.aspx</ref> Can change birth certificate to "sex: not specified."<ref>"NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)" . High Court of Australia. 2 April 2014. Retrieved 16 May 2015. http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html</ref><ref>"X marks the spot for intersex Alex" Archived 2013-11-11 at WebCite, West Australian, via bodieslikeours.org. 11 January 2003 https:// | | style="background-color:#9ff;" | Starting in 2000, Australia allows nonbinary ''and'' intersex people to get passports with the nonbinary gender marker "X (indeterminate/unspecified/intersex)," requiring only a letter from a doctor, not proof of surgery.<ref>https://web.archive.org/web/20111019035814/https://www.passports.gov.au/web/sexgenderapplicants.aspx [https://web.archive.org/web/20230411075659/https://passports.gov.au/Web/SexGenderApplicants.aspx Archived] on 17 July 2023</ref> Can change birth certificate to "sex: not specified."<ref>"NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)" . High Court of Australia. 2 April 2014. Retrieved 16 May 2015. http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html [https://web.archive.org/web/20230213115203/http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html Archived] on 17 July 2023</ref><ref>"X marks the spot for intersex Alex" Archived 2013-11-11 at WebCite, West Australian, via bodieslikeours.org. 11 January 2003 https://web.archive.org/web/20131110023525/http://www.bodieslikeours.org/pdf/xmarks.pdf</ref><ref>Holme, Ingrid (2008). "Hearing People's Own Stories". Science as Culture. 17 (3): 341–344. doi:10.1080/09505430802280784. https://www.tandfonline.com/doi/abs/10.1080/09505430802280784 [https://web.archive.org/web/20230221230304/http://www.tandfonline.com/doi/abs/10.1080/09505430802280784 Archived] on 17 July 2023</ref> | ||
| style="background-color:#FFB;" | Can change birth certificate, including to a nonbinary option, "sex: not specified," if the person has had a "sex affirmation procedure".<ref>"NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)" . High Court of Australia. 2 April 2014. Retrieved 16 May 2015. http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html</ref> However, people have to be unmarried at the time of the change.<ref>"BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 32B Application to alter register to record change of sex" . Retrieved 26 July 2015. http://www5.austlii.edu.au/au/legis/nsw/consol_act/bdamra1995383/s32b.html</ref> | | style="background-color:#FFB;" | Can change birth certificate, including to a nonbinary option, "sex: not specified," if the person has had a "sex affirmation procedure".<ref>"NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)" . High Court of Australia. 2 April 2014. Retrieved 16 May 2015. http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html [https://web.archive.org/web/20230213115203/http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html Archived] on 17 July 2023</ref> However, people have to be unmarried at the time of the change.<ref>"BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 32B Application to alter register to record change of sex" . Retrieved 26 July 2015. http://www5.austlii.edu.au/au/legis/nsw/consol_act/bdamra1995383/s32b.html [https://web.archive.org/web/20230213115203/http://www5.austlii.edu.au/au/legis/nsw/consol_act/bdamra1995383/s32b.html Archived] on 17 July 2023</ref> | ||
| style="background-color:#9FF;" |"The Australian Government recognises that individuals may identify and be recognised within the community as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female. This should be recognised and reflected in their personal records held by Australian Government departments and agencies."<ref name="agg">{{Cite web |title=Australian Government Guidelines on the Recognition of Sex and Gender |author= |work= |date=November 2015 |access-date=16 May 2020 |url= https://www.ag.gov.au/Publications/Documents/AustralianGovernmentGuidelinesontheRecognitionofSexandGender/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.pdf}} (PDF)</ref> | | style="background-color:#9FF;" |"The Australian Government recognises that individuals may identify and be recognised within the community as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female. This should be recognised and reflected in their personal records held by Australian Government departments and agencies."<ref name="agg">{{Cite web |title=Australian Government Guidelines on the Recognition of Sex and Gender |author= |work= |date=November 2015 |access-date=16 May 2020 |url= https://www.ag.gov.au/Publications/Documents/AustralianGovernmentGuidelinesontheRecognitionofSexandGender/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.pdf|archive-url=https://web.archive.org/web/20230406024041/https://www.ag.gov.au/Publications/Documents/AustralianGovernmentGuidelinesontheRecognitionofSexandGender/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.pdf|archive-date=17 July 2023}} (PDF)</ref> | ||
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| [[Recognition (Austria)|Austria]] | | [[Recognition (Austria)|Austria]] | ||
| style="background-color:#9FF;" | The first passport with an "X" as a gender marker was issued on May 14, 2019 to the [[intersex]] activist [[Alex Jürgen]], thanks to the country's constitutional court, who ruled that citizens have the right to have their gender identity accurately represented in their official documents.<ref name="pinknews_austria">[https://www.pinknews.co.uk/2019/05/14/austria-third-gender-option-documents/ Austria recognises third gender option in official documents] — PinkNews.co.uk</ref> | | style="background-color:#9FF;" | The first passport with an "X" as a gender marker was issued on May 14, 2019 to the [[intersex]] activist [[Alex Jürgen]], thanks to the country's constitutional court, who ruled that citizens have the right to have their gender identity accurately represented in their official documents.<ref name="pinknews_austria">[https://www.pinknews.co.uk/2019/05/14/austria-third-gender-option-documents/ Austria recognises third gender option in official documents] — PinkNews.co.uk [https://web.archive.org/web/20230618004401/https://www.pinknews.co.uk/2019/05/14/austria-third-gender-option-documents/ Archived] on 17 July 2023</ref> | ||
| style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map">Europe Map & Index 2017." ''Transgender Europe''. http://tgeu.org/trans-rights-map-2017/</ref> As for the civil registry, the term "divers" can be used as long as the person can provide a document certifying their [[ | | style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map">Europe Map & Index 2017." ''Transgender Europe''. http://tgeu.org/trans-rights-map-2017/ [https://web.archive.org/web/20230304020724/https://tgeu.org/trans-rights-map-2017/ Archived] on 17 July 2023</ref> As for the civil registry, the term "divers" can be used as long as the person can provide a document certifying their [[intersex]] status.<ref name="pinknews_austria"/> | ||
| style="background-color:#FFB;" | It is possible to change to an ambiguous name. However, there are high fees for a name change unless one can prove to have a reason that is approved by the state. A name that doesn't correspond to the legal gender can also be chosen, but only as a second or third name - the name that is listed first has to correspond to the legal gender or be ambiguous.<ref>"Vornamensänderung." TransX. http://www.transx.at/Pub/Recht_Vornamen.php</ref> | | style="background-color:#FFB;" | It is possible to change to an ambiguous name. However, there are high fees for a name change unless one can prove to have a reason that is approved by the state. A name that doesn't correspond to the legal gender can also be chosen, but only as a second or third name - the name that is listed first has to correspond to the legal gender or be ambiguous.<ref>"Vornamensänderung." TransX. http://www.transx.at/Pub/Recht_Vornamen.php [https://web.archive.org/web/20230703014133/http://www.transx.at/Pub/Recht_Vornamen.php Archived] on 17 July 2023</ref> | ||
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| [[Recognition (Argentina)|Argentina]] | | [[Recognition (Argentina)|Argentina]] | ||
| style="background-color:#9ff;" | Identity documents can be issued without a gender marker at all thanks to the Gender Identity Law, passed in 2012. In November 2018, two nonbinary people were able to make this change without a judicial procedure for the first time.<ref>[https://www.pagina12.com.ar/152857-dni-sin-indicacion-de-sexo-y-como-un-tramite DNI sin indicación de sexo y como un trámite] — Página12 (in Spanish)</ref> | | style="background-color:#9ff;" | Identity documents can be issued without a gender marker at all thanks to the Gender Identity Law, passed in 2012. In November 2018, two nonbinary people were able to make this change without a judicial procedure for the first time.<ref>[https://www.pagina12.com.ar/152857-dni-sin-indicacion-de-sexo-y-como-un-tramite DNI sin indicación de sexo y como un trámite] — Página12 (in Spanish) [https://web.archive.org/web/20210517052156/https://www.pagina12.com.ar/152857-dni-sin-indicacion-de-sexo-y-como-un-tramite Archived] on 17 July 2023</ref> | ||
| style="background-color:#ffb;" | Argentina allows transgender people to get access to legal and medical resources they need to transition, without requiring these things in order to be legally recognized as their gender. They can change their legal gender based on their written declaration, without even a diagnosis.<ref>"Argentina Adopts Groundbreaking Gender Identity Law." Transgender Europe. May 10, 2012. http://tgeu.org/argentina-adopts-ground-breaking-gender-identity-law/</ref> See Argentina's Gender Identity Law as of 2012 [ | | style="background-color:#ffb;" | Argentina allows transgender people to get access to legal and medical resources they need to transition, without requiring these things in order to be legally recognized as their gender. They can change their legal gender based on their written declaration, without even a diagnosis.<ref>"Argentina Adopts Groundbreaking Gender Identity Law." Transgender Europe. May 10, 2012. http://tgeu.org/argentina-adopts-ground-breaking-gender-identity-law/ [https://web.archive.org/web/20221007090552/https://tgeu.org/argentina-adopts-ground-breaking-gender-identity-law/ Archived] on 17 July 2023</ref> See Argentina's Gender Identity Law as of 2012 [https://web.archive.org/web/20230719142254/https://tgeu.org/argentina-gender-identity-law/ here]. While this law is said to be the most progressive transgender law in the world,<ref>"FAQ about identity documents." Lambda Legal. http://www.lambdalegal.org/know-your-rights/transgender/identity-document-faq [https://web.archive.org/web/20230310122512/http://www.lambdalegal.org/know-your-rights/transgender/identity-document-faq Archived] on 17 July 2023</ref> it doesn't directly mention intersex or nonbinary people. | ||
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| [[Recognition (Bangladesh)|Bangladesh]] | | [[Recognition (Bangladesh)|Bangladesh]] | ||
| style="background-color:#9ff;" | In 2011, started to allow passports to show a gender called "other".<ref>http://www.attn.com/stories/868/transgender-passport-status</ref><ref>Tristin Hopper, "Genderless passports ‘under review’ in Canada." May 8, 2012. National Post. http://news.nationalpost.com/news/canada/genderless-passports-under-review-in-canada</ref> | | style="background-color:#9ff;" | In 2011, started to allow passports to show a gender called "other".<ref>http://www.attn.com/stories/868/transgender-passport-status [https://web.archive.org/web/20221213084025/https://www.attn.com/stories/868/transgender-passport-status Archived] on 17 July 2023</ref><ref>Tristin Hopper, "Genderless passports ‘under review’ in Canada." May 8, 2012. National Post. http://news.nationalpost.com/news/canada/genderless-passports-under-review-in-canada [https://web.archive.org/web/20230613231235/https://news.nationalpost.com/news/canada/genderless-passports-under-review-in-canada Archived] on 17 July 2023</ref> | ||
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| [[Recognition (Bolivia)|Bolivia]] | | [[Recognition (Bolivia)|Bolivia]] | ||
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| style="background-color:#ffb;" | Since August 2016, transgender people in Bolivia can change their legal gender as long as they are over 18 years old, pass a psychological test and write a letter of application.<ref>[https://www.telesurenglish.net/news/Bolivia-Lets-Transgender-People-Choose-Their-Legal-Identity-20160802-0034.html Bolivia Lets Transgender People Choose Their Legal Identity] — Tele Sur (English edition). [https://web.archive.org/web/20221003190248/https://www.telesurenglish.net/news/Bolivia-Lets-Transgender-People-Choose-Their-Legal-Identity-20160802-0034.html Archived] on 17 July 2023</ref> | |||
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| style="background-color:#f99;" | Requires transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | | style="background-color:#f99;" | Requires transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | ||
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| [[Recognition (Brazil)|Brazil]] | |||
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| [[Recognition (Bulgaria)|Bulgaria]] | | [[Recognition (Bulgaria)|Bulgaria]] | ||
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| style="background-color:#f99;" id="cambodia" onclick=" document.getElementById('cambodia').style.background-color='#f00';" | Some Cambodian families abuse, burn, or torture transgender children. They are sometimes believed to be possessed.<ref>https://www.huffingtonpost.com/entry/lgbt-cambodia_us_5614ed2de4b0fad1591a0ced</ref> | | style="background-color:#f99;" id="cambodia" onclick=" document.getElementById('cambodia').style.background-color='#f00';" | Some Cambodian families abuse, burn, or torture transgender children. They are sometimes believed to be possessed.<ref>https://www.huffingtonpost.com/entry/lgbt-cambodia_us_5614ed2de4b0fad1591a0ced [https://web.archive.org/web/20230607135250/https://www.huffingtonpost.com/entry/lgbt-cambodia_us_5614ed2de4b0fad1591a0ced Archived] on 17 July 2023</ref> | ||
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| [[Recognition (Canada)|Canada]] | | [[Recognition (Canada)|Canada]] | ||
| style="background-color:#9ff" | As of June 2019, Canada allows for "X" in the sex field of immigration documents including passports and proof of citizenship certificates <ref>https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/gender-x-documents.html</ref>. Some provinces allow-- or plan to soon allow-- hidden or "X" markers on identity documents such as birth certificates and driver's licenses; see [[Recognition (Canada)]] for the latest details on which. | | style="background-color:#9ff" | As of June 2019, Canada allows for "X" in the sex field of immigration documents including passports and proof of citizenship certificates <ref>https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/gender-x-documents.html [https://web.archive.org/web/20230513034048/https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/gender-x-documents.html Archived] on 17 July 2023</ref>. Some provinces allow-- or plan to soon allow-- hidden or "X" markers on identity documents such as birth certificates and driver's licenses; see [[Recognition (Canada)]] for the latest details on which. | ||
| style="background-color:#FFB;" | Requirements vary from province to province. Generally minimally medical intervention is required. Explicit anti-discrimination protections for transgender people only in Alberta, Northwest Territories, Manitoba, Saskatchewan and Ontario, implicit elsewhere. | | style="background-color:#FFB;" | Requirements vary from province to province. Generally minimally medical intervention is required. Explicit anti-discrimination protections for transgender people only in Alberta, Northwest Territories, Manitoba, Saskatchewan and Ontario, implicit elsewhere. | ||
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| [[Recognition (Chile)|Chile]] | |||
| style="background-color:#ffb;" | Requires a court order in order to have an "X" gender option. | |||
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| [[Recognition (Colombia)|Colombia]] | | [[Recognition (Colombia)|Colombia]] | ||
| | | style="background-color:#ffb;" | In February 2022, the Constitutional Court of Colombia ruled that a non-binary person was entitled to a birth certificate and identity card with a "no binario"/"NB" gender marker.<ref>https://www.hrw.org/news/2022/03/08/colombias-constitutional-court-advances-gender-diversity [https://web.archive.org/web/20230510005621/https://www.hrw.org/news/2022/03/08/colombias-constitutional-court-advances-gender-diversity Archived] on 17 July 2023</ref> Since August 2023, passports issued within Colombia included 3 options of namely male, female and X.<ref>https://newsinfo.inquirer.net/1821705/colombia-adds-non-binary-gender-option-on-passports</ref> | ||
| style="background-color:#ffb;" | Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notar, no surgeries or judicial order required.<ref>https:// | | style="background-color:#ffb;" | Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notar, no surgeries or judicial order required.<ref>{{cite web|url=https://www.ibtimes.com/colombia-allows-transgender-community-change-sex-ids-without-physical-exams-1957412 |website=International Business Times|title=Colombia Allows Transgender Community To Change Sex On IDs Without Physical Exams|last=Lee|first=Brianna|date=2015|access-date=26 September 2021|archive-url=https://web.archive.org/web/20230510021641/https://www.ibtimes.com/colombia-allows-transgender-community-change-sex-ids-without-physical-exams-1957412|archive-date=17 July 2023}}</ref> | ||
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| [[Recognition (Costa Rica)|Costa Rica]] | |||
| style="background-color:#ffb;" | The recognition of non-binary identities became available since 2022 only for passports and immigration documents.<ref>https://thecostaricanews.com/costa-rica-recognizes-from-this-past-monday-the-non-binary-gender-in-immigration-documents-for-foreigners/ [https://web.archive.org/web/20230307183206/https://thecostaricanews.com/costa-rica-recognizes-from-this-past-monday-the-non-binary-gender-in-immigration-documents-for-foreigners/ Archived] on 17 July 2023</ref><ref>https://nicaraguainvestiga.com/mundo/83008-costa-rica-permite-pasaportes-con-genero-x-para-personas-no-binarias/ [https://web.archive.org/web/20230402021815/https://nicaraguainvestiga.com/mundo/83008-costa-rica-permite-pasaportes-con-genero-x-para-personas-no-binarias/ Archived] on 17 July 2023</ref> | |||
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| [[Recognition (Czech Republic)|Czech Republic]] | | [[Recognition (Czech Republic)|Czech Republic]] | ||
| | | style="background-color:#f99;" | M or F only.<ref>https://www.pinknews.co.uk/2022/06/22/non-binary-czech-republic/ [https://web.archive.org/web/20220818093821/https://www.pinknews.co.uk/2022/06/22/non-binary-czech-republic/ Archived] on 17 July 2023</ref> | ||
| style="background-color:#f99;" | Requires transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | | style="background-color:#f99;" | Requires transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | ||
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| [[Recognition (Denmark)|Denmark]] | | [[Recognition (Denmark)|Denmark]] | ||
| style="background-color:# | | style="background-color:#ffb;" | Denmark allows people to get passports with the gender marker X, although the procedure is currently quite administratively difficult.<ref>"Denmark: X in Passports and New Trans Law Works." Transgender Europe. September 12, 2014. http://tgeu.org/denmark-x-in-passports-and-new-trans-law-work/ [https://web.archive.org/web/20230627164433/https://tgeu.org/denmark-x-in-passports-and-new-trans-law-work/ Archived] on 17 July 2023</ref> | ||
| style="background-color:#ffb;" | Since 2014, no longer requires sterilization, gender identity disorder diagnosis, or ending a marriage in order to change legal sex.<ref>"Denmark becomes Europe’s leading country on legal gender recognition | The European Parliament Intergroup on LGBTI Rights" . Lgbt-ep.eu. 2014-06-12. Retrieved 2015-04-10. http://www.lgbt-ep.eu/press-releases/denmark-becomes-europes-leading-country-on-legal-gender-recognition/</ref> Requires applicants to be over 18, and to wait six months after applying before legal sex change takes effect.<ref> | | style="background-color:#ffb;" | Since 2014, no longer requires sterilization, gender identity disorder diagnosis, or ending a marriage in order to change legal sex.<ref>"Denmark becomes Europe’s leading country on legal gender recognition | The European Parliament Intergroup on LGBTI Rights" . Lgbt-ep.eu. 2014-06-12. Retrieved 2015-04-10. http://www.lgbt-ep.eu/press-releases/denmark-becomes-europes-leading-country-on-legal-gender-recognition/ [https://web.archive.org/web/20230213101321/http://www.lgbt-ep.eu/press-releases/denmark-becomes-europes-leading-country-on-legal-gender-recognition/ Archived] on 17 July 2023</ref> Requires applicants to be over 18, and to wait six months after applying before legal sex change takes effect.<ref>{{cite web|title=World must follow Denmark's example after landmark transgender law.| website=Amnesty International |date=12 June 2014 |url=http://amnesty.org/en/en/news/denmark-transgender-law-2014-06-12 |archive-url= https://web.archive.org/web/20140704235720/http://amnesty.org/en/en/news/denmark-transgender-law-2014-06-12 |archive-date=4 July 2014}}</ref> | ||
| style="background-color:#9ff;" | Danish law includes protections against discrimination based on sexual orientation and gender identity/expression.<ref> | | style="background-color:#9ff;" | Danish law includes protections against discrimination based on sexual orientation and gender identity/expression.<ref name="SSH-worldsurvey">{{cite web|url=https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2013.pdf |title= State-sponsored Homophobia: A world survey of laws: Criminalisation, protection and recognition of same-sex love |last1=Itaborahy |first1=Lucas Paoli |last2=Zhu |first2=Jingshu|archive-url=https://web.archive.org/web/20221002115858/https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2013.pdf |archive-date=17 July 2023 }}</ref><ref>[http://www.non-discrimination.net/content/main-legislation-17 Main legislation] [https://web.archive.org/web/20230407172845/https://www.non-discrimination.net/content/main-legislation-17 Archived] on 17 July 2023</ref> Danish law includes hate crimes legislation, which adds extra penalties for crimes committed against people because of their sexuality and for their gender identity or form of gender expression.<ref name="SSH-worldsurvey" /> | ||
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| [[Recognition (Estonia)|Estonia]] | | [[Recognition (Estonia)|Estonia]] | ||
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| [[Recognition (Finland)|Finland]] | | [[Recognition (Finland)|Finland]] | ||
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| style="background-color:# | | style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition as of 2023. | ||
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| [[Recognition (France)|France]] | | [[Recognition (France)|France]] | ||
| style="background-color:#f99;" | M or F only. In 2015, for the first time, France allowed an intersex adult to change their birth certificate to "gender neutral".<ref>Joseph Patrick McCormick. "France legally recognises person as ‘gender neutral’ for the first time." Pink News. October 15, 2015. [1]</ref> | | style="background-color:#f99;" | M or F only. In 2015, for the first time, France allowed an intersex adult to change their birth certificate to "gender neutral".<ref>Joseph Patrick McCormick. "France legally recognises person as ‘gender neutral’ for the first time." Pink News. October 15, 2015. [1]</ref> | ||
| style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> Doesn't require a note from a doctor or medical intervention, but does not use self-certification alone <ref>http://tgeu.org/france-adopts-1st-gender-recognition-law-trans-people-continue-being-judged/</ref> | | style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> Doesn't require a note from a doctor or medical intervention, but does not use self-certification alone <ref>http://tgeu.org/france-adopts-1st-gender-recognition-law-trans-people-continue-being-judged/ [https://web.archive.org/web/20230326192426/https://tgeu.org/france-adopts-1st-gender-recognition-law-trans-people-continue-being-judged/ Archived] on 17 July 2023</ref> | ||
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| [[Recognition (Germany)|Germany]] | | [[Recognition (Germany)|Germany]] | ||
| style="background-color:#ffb;" | Since December 2018, German citizens can apply for a third gender marker as long as they provide a note from their doctor. Although the law was initially passed for intersex people, some | | style="background-color:#ffb;" | Since December 2018, German citizens can apply for a third gender marker as long as they provide a note from their doctor. Although the law was initially passed for intersex people, some perisex nonbinary people have managed to get a third gender marker too by getting a note from a trusted doctor. <ref>"Ratgeber für inter- und transgeschlechtliche Menschen", LSVD. https://www.lsvd.de/recht/ratgeber/intersexuelle/ratgeber-fuer-inter-und-transgeschlechtliche-menschen.html [https://web.archive.org/web/20221205141447/https://www.lsvd.de/recht/ratgeber/intersexuelle/ratgeber-fuer-inter-und-transgeschlechtliche-menschen.html Archived] on 17 July 2023</ref> | ||
| style="background-color:#ffb;" | In 2011, Germany stopped requiring transgender people to be coercively [[Sterilization|sterilized]] in order to transition.<ref>"German Federal Court Outlawing Forced Sterilisation (2011)." Transgender Europe. January 7, 2015. http://tgeu.org/german-federal-court-verdict-on-forced-sterilisation-2011/</ref> | | style="background-color:#ffb;" | In 2011, Germany stopped requiring transgender people to be coercively [[Sterilization|sterilized]] in order to transition.<ref>"German Federal Court Outlawing Forced Sterilisation (2011)." Transgender Europe. January 7, 2015. http://tgeu.org/german-federal-court-verdict-on-forced-sterilisation-2011/ [https://web.archive.org/web/20221007145636/https://tgeu.org/german-federal-court-verdict-on-forced-sterilisation-2011/ Archived] on 17 July 2023</ref> | ||
| style="background-color:#F99;" | The coalition agreement for the current federal government provides for legislation clarifying that surgery on intersex children is only allowed in cases that are urgent and involve a lethal health threat. <ref>Coalition agreement (see lines 782-784) https://www.bundesregierung.de/Content/DE/_Anlagen/2018/03/2018-03-14-koalitionsvertrag.pdf?__blob=publicationFile&v=5</ref> Some nonbinary people have legally adopted neutral names, arguing the TSG ("law on transsexuals") does not apply to them.<ref>"Namensänderung ohne Transsexuellengesetz". nibiTrans*Ich (blog).[3]</ref> | | style="background-color:#F99;" | The coalition agreement for the current federal government provides for legislation clarifying that surgery on intersex children is only allowed in cases that are urgent and involve a lethal health threat. <ref>Coalition agreement (see lines 782-784) https://www.bundesregierung.de/Content/DE/_Anlagen/2018/03/2018-03-14-koalitionsvertrag.pdf?__blob=publicationFile&v=5 [https://web.archive.org/web/20221007211626/http://www.bundesregierung.de/Content/DE/_Anlagen/2018/03/2018-03-14-koalitionsvertrag.pdf?__blob=publicationFile&v=5 Archived] on 17 July 2023</ref> Some nonbinary people have legally adopted neutral names, arguing the TSG ("law on transsexuals") does not apply to them.<ref>"Namensänderung ohne Transsexuellengesetz". nibiTrans*Ich (blog).[3]</ref> | ||
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| [[Recognition (Greece)|Greece]] | | [[Recognition (Greece)|Greece]] | ||
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| style="background-color:#ffb;" | Greece allows transgender people to change their gender markers if their [[gender expression]] matches their [[gender identity]].<ref>https://www.ilga-europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017</ref> | | style="background-color:#ffb;" | Greece allows transgender people to change their gender markers if their [[gender expression]] matches their [[gender identity]].<ref>https://www.ilga-europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017 [https://web.archive.org/web/20230328085323/http://ilga-europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017 Archived] on 17 July 2023</ref> | ||
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| [[Recognition (India)|India]] | | [[Recognition (India)|India]] | ||
| style="background-color:#ffb;" | India recognises transgender people as a third gender. Additionally, [[hijra]]s are also recognised as a third gender.<ref> | | style="background-color:#ffb;" | India recognises transgender people as a third gender. Additionally, [[hijra]]s are also recognised as a third gender.<ref name="Biharprabha">{{Cite web |title=Supreme Court's Third Gender Status to Transgenders is a landmark |author= |work=Biharprabha News |date=15 April 2014 |access-date=26 September 2021 |url= https://news.biharprabha.com/2014/04/supreme-courts-third-gender-status-to-transgenders-is-a-landmark/|archive-url=https://web.archive.org/web/20230404095549/http://news.biharprabha.com/2014/04/supreme-courts-third-gender-status-to-transgenders-is-a-landmark/ |archive-date=17 July 2023 }}</ref> | ||
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| [[Recognition (Indonesia)|Indonesia]] | |||
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| [[Recognition (Ireland)|Ireland]] | | [[Recognition (Ireland)|Ireland]] | ||
| style="background-color:#f99;" | M or F only. | | style="background-color:#f99;" | M or F only. | ||
| style="background-color:#f99;" | In 2015, Ireland passed a law allowing transgender adults to legally transition to either female or male only, without a requirement of medical intervention. Intersex and nonbinary people and minors are still left out.<ref>http://www.theguardian.com/world/2015/jul/16/ireland-transgender-law-gender-recognition-bill-passed</ref> Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | | style="background-color:#f99;" | In 2015, Ireland passed a law allowing transgender adults to legally transition to either female or male only, without a requirement of medical intervention. Intersex and nonbinary people and minors are still left out.<ref>http://www.theguardian.com/world/2015/jul/16/ireland-transgender-law-gender-recognition-bill-passed [https://web.archive.org/web/20230419102844/https://www.theguardian.com/world/2015/jul/16/ireland-transgender-law-gender-recognition-bill-passed Archived] on 17 July 2023</ref> Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | ||
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| [[Recognition (Iceland)|Iceland]] | | [[Recognition (Iceland)|Iceland]] | ||
| style="background-color:# | | style="background-color:#9ff;" | Options are male, female, nonbinary, [[other]], and the option to decline to answer.<ref name="IcelandGrapevine">{{Cite web |title=Nonbinary Gender Registration Finally Opens In Iceland |last=Fontaine |first=Andie Sophia |work=The Reykjavik Grapevine |date=8 January 2021 |access-date=10 January 2021 |url= https://grapevine.is/news/2021/01/08/nonbinary-gender-registration-finally-opens-in-iceland/|archive-url=https://web.archive.org/web/20230529052112/https://grapevine.is/news/2021/01/08/nonbinary-gender-registration-finally-opens-in-iceland/ |archive-date=17 July 2023 }}</ref> | ||
| style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | | style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition.<ref name="tre_map" /> | ||
| style="background-color:#ffb;" | In June 2019, the Icelandic Parliament voted unanimously on a bill to implement a "self-determination gender change model law", including an "X" marker on identity documents | | style="background-color:#ffb;" | In June 2019, the Icelandic Parliament voted unanimously on a bill to implement a "self-determination gender change model law", including an "X" marker on identity documents.<ref>"Gender Autonomy Act Applauded", mbl.is. https://icelandmonitor.mbl.is/news/politics_and_society/2019/06/21/gender_autonomy_act_applauded/ [https://web.archive.org/web/20230530053809/https://icelandmonitor.mbl.is/news/politics_and_society/2019/06/21/gender_autonomy_act_applauded/ Archived] on 17 July 2023</ref> It was implemented in January 2021.<ref name="IcelandGrapevine" /> | ||
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| [[Recognition (Italy)|Italy]] | | [[Recognition (Italy)|Italy]] | ||
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| [[Recognition (Japan)|Japan]] | | [[Recognition (Japan)|Japan]] | ||
| | | style="background-color:#f99;" | M or F only, despite having a localized term. | ||
| style="background-color:#f99;" | Japan made legal transition possible in 2004. In order to get one, Japan requires that a transgender person must be unmarried, has never had children, has had genital | | style="background-color:#f99;" | Japan made legal transition possible in 2004. In order to get one, Japan requires that a transgender person must be unmarried, has never had children, has had genital surgeried. | ||
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| [[Recognition (Kenya)|Kenya]] | | [[Recognition (Kenya)|Kenya]] | ||
| style="background-color:# | | style="background-color:#ffb;" | Since 2022, intersex people can now be identified with an 'I' gender marker on their birth certificate in Kenya.<ref name="Kenyalaw.org Children Act 2022">{{cite web |title=The Children Act 2022 |url=http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%2029%20of%202022|access-date=24 November 2022|archive-url=https://web.archive.org/web/20230319174102/http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%2029%20of%202022|archive-date=17 July 2023}}</ref> | ||
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| [[Recognition (Malta)|Malta]] | | [[Recognition (Malta)|Malta]] | ||
| style="background-color:#9ff;" | Since September 2017, Malta can issue official identity documents with X as a gender marker. On January 2018, Malta released the first passport with an 'X' as a gender marker.<ref name=" | | style="background-color:#9ff;" | Since September 2017, Malta can issue official identity documents with X as a gender marker. On January 2018, Malta released the first passport with an 'X' as a gender marker.<ref name="Sansone2018">{{Cite web |title=Malta releases first passport with neutral 'X' gender marker |last=Sansone |first=Kurt |work=Malta Today |date=23 January 2018 |access-date=26 September 2021 |url= https://www.maltatoday.com.mt/news/national/83920/malta_releases_first_passport_with_neutral_x_gender_marker|archive-url=https://web.archive.org/web/20221003083730/https://www.maltatoday.com.mt/news/national/83920/malta_releases_first_passport_with_neutral_x_gender_marker |archive-date=17 July 2023 }}</ref> | ||
| style="background-color:#9ff;" | The only | | style="background-color:#9ff;" | The only requirement for a neutral gender marker is an oath in front of a notary.<ref name="Sansone2018" /> | ||
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| [[Recognition (Mexico)|Mexico]] | |||
| style="background-color:#ffb;" | In May 2023, Mexico allows an "X" gender marker on passports.{{citation needed}} | |||
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| [[Recognition (Montenegro)|Montenegro]] | | [[Recognition (Montenegro)|Montenegro]] | ||
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| [[Recognition (Nepal)|Nepal]] | | [[Recognition (Nepal)|Nepal]] | ||
| style="background-color:#9ff;" | Allows passports to use a third gender marker, called "other", which includes all transgender and nonbinary people.<ref>Clarissa-Jan | | style="background-color:#9ff;" | Allows passports to use a third gender marker, called "other", which includes all transgender and nonbinary people.<ref name="Lim2015">{{Cite web |title=Nepal Passports Will Offer a 3rd Gender Option |last=Lim |first=Clarissa-Jan |work=Bustle |date=8 January 2015 |access-date=26 September 2021 |url= https://www.bustle.com/articles/57466-new-third-gender-option-on-nepal-passports-finally-protects-the-rights-of-lgbt-community|archive-url=https://web.archive.org/web/20230221230411/https://www.bustle.com/articles/57466-new-third-gender-option-on-nepal-passports-finally-protects-the-rights-of-lgbt-community |archive-date=17 July 2023 }}</ref> | ||
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| style="background-color:#ffb;" | Doesn't require transgender people to be sterilized or any kind of therapy in order to have legal gender recognition, but it requires a diagnosis.<ref name="tre_map" /> | | style="background-color:#ffb;" | Doesn't require transgender people to be sterilized or any kind of therapy in order to have legal gender recognition, but it requires a diagnosis.<ref name="tre_map" /> | ||
|In 2018 Leonne Zeegers | |In 2018 Leonne Zeegers was the first Dutch citizen to receive a passport with gender marker "X".<ref>{{Cite web |title=First Dutch gender-neutral passport issued |author= |work=BBC News |date=19 October 2018 |access-date=26 September 2021 |url= https://www.bbc.com/news/world-europe-45914813|archive-url=https://web.archive.org/web/20230302195748/https://www.bbc.com/news/world-europe-45914813 |archive-date=17 July 2023 }}</ref> Leonne does have an intersex condition but the judge ruled in their favor based on their gender, which is nonbinary. In October 2019, [[Nanoah Struik]] was the second adult citizen to get an X on their passport.<ref>{{Cite web |title=Tweede volwassene krijgt X in paspoort |trans-title= |author= |work=Transgender Netwerk Nederland |date=29 July 2019 |access-date=31 October 2021 |url= https://www.transgendernetwerk.nl/tweede-volwassene-krijgt-x-in-paspoort/ |language=nl|archive-url=https://web.archive.org/web/20230313173336/http://www.transgendernetwerk.nl/tweede-volwassene-krijgt-x-in-paspoort/ |archive-date=17 July 2023 }}</ref> Nanoah doesn't have an intersex condition so this makes them the first person to have that gender marker without having an intersex condition. | ||
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| [[Recognition (New Zealand)|New Zealand]] | | [[Recognition (New Zealand)|New Zealand]] | ||
| style="background-color:#9ff;" | Allows passports to use a nonbinary gender option, X.<ref>Clarissa-Jan Lim. "New "Third Gender" Option on Nepal Passports Finally Protects the Rights of LGBT Community." Bustle. January 8, 2015. http://www.bustle.com/articles/57466-new-third-gender-option-on-nepal-passports-finally-protects-the-rights-of-lgbt-community</ref> You can change it simply by applying for it.<ref>http://www.wclc.org.nz/wp-content/uploads/How-to-change-your-name-and-gender-under-New-Zealand-law.pdf</ref> | | style="background-color:#9ff;" | Allows passports to use a nonbinary gender option, X.<ref>Clarissa-Jan Lim. "New "Third Gender" Option on Nepal Passports Finally Protects the Rights of LGBT Community." Bustle. January 8, 2015. http://www.bustle.com/articles/57466-new-third-gender-option-on-nepal-passports-finally-protects-the-rights-of-lgbt-community [https://web.archive.org/web/20230221230411/https://www.bustle.com/articles/57466-new-third-gender-option-on-nepal-passports-finally-protects-the-rights-of-lgbt-community Archived] on 17 July 2023</ref> You can change it simply by applying for it.<ref name="ScarletJimsonHealey">{{cite web| url=http://www.wclc.org.nz/wp-content/uploads/How-to-change-your-name-and-gender-under-New-Zealand-law.pdf |title=How to change your name and gender under New Zealand law |last1=Scarlet|first1=Kate |last2=Jimson-Healey |first2=Rosie |date=July 2013}}</ref> | ||
| style="background-color:#9ff;" | Since 1995, in order to change the gender on your birth certificate, you need to show that you wish to live in your intended gender, and that you have undergone "medical treatment" for it.<ref | | style="background-color:#9ff;" | Since 1995, in order to change the gender on your birth certificate, you need to show that you wish to live in your intended gender, and that you have undergone "medical treatment" for it.<ref name="ScarletJimsonHealey" /> You can change your driver's license simply by applying for it.<ref name="ScarletJimsonHealey" /> | ||
| style="background-color:# | | style="background-color:#9ff;" | New Zealand allows asylum seekers or refugees who face harm on the basis of "gender" and "identity"<ref>https://www.immigration.govt.nz/audiences/supporting-refugees-and-asylum-seekers/asylum-seekers [https://web.archive.org/web/20230509014021/https://www.immigration.govt.nz/audiences/supporting-refugees-and-asylum-seekers/asylum-seekers Archived] on 17 July 2023</ref>. In the New Zealand refugee confirmation form, the options for gender are "Male", "Female", and "Other (specify)" which is a write-in field.<ref>{{cite web|url=https://www.immigration.govt.nz/documents/forms-and-guides/inz1071.pdf |title=Confirmation of Claim to Refugee and Protection Status in New Zealand|date=March 2021|access-date=26 September 2021|archive-url=https://web.archive.org/web/20230509014434/https://www.immigration.govt.nz/documents/forms-and-guides/inz1071.pdf|archive-date=17 July 2023}}</ref> | ||
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| [[Recognition (Norway)|Norway]] | | [[Recognition (Norway)|Norway]] | ||
| | | style="background-color:#ffb;" | Although the country has not yet recognized a non-binary gender, the government announced its intention to legally recognize non-binary identities in 2021. Additionally, a nonbinary gender option for passports was advocated by some members of the Norwegian Labour Party in 2017.<ref name="pink_Norw">{{Cite web |title=Norway could introduce a third gender option on passports |author=McCormick, Joseph |work=PinkNews |date=8 February 2017 |access-date=5 September 2020 |url= https://www.pinknews.co.uk/2017/02/08/norway-could-introduce-a-third-gender-option-on-passports/|archive-url=https://web.archive.org/web/20220819215554/https://www.pinknews.co.uk/2017/02/08/norway-could-introduce-a-third-gender-option-on-passports/ |archive-date=17 July 2023 }}</ref><ref name="England">{{Cite web |title=Norway could introduce a third gender option on passports for people who identify neither male nor female |last=England |first=Charlotte |work=independent.co.uk |date=8 February 2017 |access-date=5 September 2020 |url= https://www.independent.co.uk/news/world/europe/norway-third-gender-passport-option-hen-identify-male-female-han-hun-labour-party-youth-wing-a7568271.html |archive-url=https://web.archive.org/web/20220630172506/https://www.independent.co.uk/news/world/europe/norway-third-gender-passport-option-hen-identify-male-female-han-hun-labour-party-youth-wing-a7568271.html |archive-date=17 July 2023 }}</ref> | ||
| style="background-color:#ffb;" | People over 16 can change their legal gender without any kind of diagnosis or treatment. Minors between 6 and 16 years old need their parents' permission.<ref>[https://www.regjeringen.no/en/aktuelt/easier-to-change-legal-gender/id2480677/ Easier to change legal gender], Norwegian Government (2016)</ref> | | style="background-color:#ffb;" | People over 16 can change their legal gender without any kind of diagnosis or treatment. Minors between 6 and 16 years old need their parents' permission.<ref>[https://www.regjeringen.no/en/aktuelt/easier-to-change-legal-gender/id2480677/ Easier to change legal gender], Norwegian Government (2016) [https://web.archive.org/web/20230421213456/https://www.regjeringen.no/en/aktuelt/easier-to-change-legal-gender/id2480677 Archived] on 17 July 2023</ref> | ||
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| [[Recognition (Pakistan)|Pakistan]] | | [[Recognition (Pakistan)|Pakistan]] | ||
| style="background-color:#ffb;" | Pakistan legally recognises [[ | | style="background-color:#ffb;" | Pakistan legally recognises [[hijra]]s and [[eunuch]]s, even though transgender topics are generally taboo.<ref>{{Cite web |title=For transgender Pakistanis, newfound rights |author=Michele Langevine Leiby |work=Washington Post |date=10 February 2012 |access-date=31 October 2021 |url= https://www.washingtonpost.com/world/for-transgender-pakistanis-newfound-rights/2012/02/04/gIQAM0jG4Q_story.html?utm_term=.584326826f45|archive-url=https://web.archive.org/web/20180902204738/https://www.washingtonpost.com/world/for-transgender-pakistanis-newfound-rights/2012/02/04/gIQAM0jG4Q_story.html?utm_term=.584326826f45 |archive-date=17 July 2023 }}</ref> | ||
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| [[Recognition (Philippines)|Philippines]] | | [[Recognition (Philippines)|Philippines]] | ||
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| style="background-color:#f99;" | This country doesn't allow transgender people to change their legal sex, but made an exception for an intersex person. | | style="background-color:#f99;" | This country doesn't allow transgender people to change their legal sex, but made an exception for an intersex person.{{citation needed}} | ||
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| [[Recognition (Portugal)|Portugal]] | | [[Recognition (Portugal)|Portugal]] | ||
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| style="background-color:#ffb;" | Transgender people can change their legal gender without any | | style="background-color:#ffb;" | Transgender people can change their legal gender without any requirements. Minors who are 16 or 17 years old need their parents' permission and a favorable opinion from a psychologist.<ref name="tre_map" /> | ||
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| [[Recognition (Romania)|Romania]] | | [[Recognition (Romania)|Romania]] | ||
| | | style="background-color:#f99;" |M or F only.<ref>{{cite web|title=Law 122/2006 Annex 3|website=Romanian Ministry of Justice|access-date=31 October 2023 |url=https://legislatie.just.ro/Public/DetaliiDocumentAfis/175315 |lang=ro}}</ref> | ||
| style="background-color:#f99;" | | | style="background-color:#f99;" |Requires transgender people to undergo sex reassignment surgery in order to have legal gender recognition.<ref name="tre_map" /> Genital surgery is required in order to change legal sex.<ref>{{cite web|title=Transsexualismul in Romania |website=Accept Romania|access-date=31 October 2021 |archive-url=https://web.archive.org/web/20170711092809/http://accept-romania.ro/lgbt-issues/trans/ |url=http://accept-romania.ro/lgbt-issues/trans/ |archive-date=11 July 2017 |lang=ro}}</ref> Allowed to marry in accordance with new legal sex. | ||
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| [[Recognition (Russia)|Russia]] | | [[Recognition (Russia)|Russia]] | ||
| | | style="background-color:#f99;" | No known legal recognition, even though some say there was a third gender in the past. In July 2021, Russia announced that people from other countries with a non-binary gender marker in their passports would not be allowed to enter the country. | ||
| style="background-color:#f99;" | | | style="background-color:#f99;" |Only intersex minors can change their legal gender. Affirmative surgeries are required. | ||
|"Any medical intervention with a goal of creating in a person's body primary or secondary characteristics of the opposite sex is prohibited". People who have changed their legal gender aren't allowed to marry or adopt children. On October 2023 the court has banned "the international public movement of LGBT" as extremist with up to 12 years of imprisonment for people who belong to or support it. <ref>https://www.hrw.org/news/2023/11/30/russia-supreme-court-bans-lgbt-movement-extremist</ref> | |||
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| [[Recognition (Serbia)|Serbia]] | | [[Recognition (Serbia)|Serbia]] | ||
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| [[Recognition (South Africa)|South Africa]] | | [[Recognition (South Africa)|South Africa]] | ||
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| style="background-color:#ffb;" | Since 2003, legal gender can be changed after medical treatment. Hormone therapy is seen as enough, surgery isn't required.<ref>"Changing your name and gender in your identity document: the Alteration of Sex Description Act 49 of 2003" (PDF). Gender Dynamix. Retrieved 29 September 2013. http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Act-49-English.pdf</ref> | | style="background-color:#ffb;" | Since 2003, legal gender can be changed after medical treatment. Hormone therapy is seen as enough, surgery isn't required.<ref>"Changing your name and gender in your identity document: the Alteration of Sex Description Act 49 of 2003" (PDF). Gender Dynamix. Retrieved 29 September 2013. http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Act-49-English.pdf [https://web.archive.org/web/20230213100106/http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Act-49-English.pdf Archived] on 17 July 2023</ref> | ||
| Anti-discrimination laws are interpreted to include gender identity. | | Anti-discrimination laws are interpreted to include gender identity. | ||
|- | |- | ||
| [[Recognition (South Korea)|South Korea]] | | [[Recognition (South Korea)|South Korea]] | ||
| | | | ||
| style="background-color:#ffb;" | While the Supreme Court declared that transgender people need to undergo SRS in order to change their legal gender, in 2013 a court ruled that five transgender people could make the change without a surgery, and the same happened in 2017.<ref> | | style="background-color:#ffb;" | While the Supreme Court declared that transgender people need to undergo SRS in order to change their legal gender, in 2013 a court ruled that five transgender people could make the change without a surgery, and the same happened in 2017.<ref>{{Cite web |title=Landmark legal ruling for South Korean transgenders |author= |work=The Hankyoreh |date=16 March 2013 |access-date=26 September 2021 |url= http://english.hani.co.kr/arti/english_edition/e_national/578323.html|archive-url=https://web.archive.org/web/20221128005409/https://english.hani.co.kr/arti/english_edition/e_national/578323.html |archive-date=17 July 2023 }}</ref> | ||
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| [[Recognition (Spain)|Spain]] | | [[Recognition (Spain)|Spain]] | ||
| | | style="background-color:#ffb;" | Even though Spain does not provide recognition for non-binary or intersex people on a national level, three provinces have introduced such recognition: Canarias, La Rioja, and Navarra.{{citation needed}} | ||
| style="background-color:#ffb;" | All transgender people may change their legal gender without a surgery, including minors.<ref> | | style="background-color:#ffb;" | All transgender people may change their legal gender without a surgery, including minors.<ref>{{cite web |url=https://chrysallis.org.es/excluir-a-menores-trans-es-inconstitucional/ |title=Excluir a menores trans es inconstitucional |archive-url=https://web.archive.org/web/20210201092401/https://chrysallis.org.es/excluir-a-menores-trans-es-inconstitucional/ |website=Chrysalis |date=20 July 2019 |language=es |archive-date=1 February 2021 |access-date=14 September 2019 |url-status=dead }}</ref> | ||
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| [[Recognition (Sweden)|Sweden]] | | [[Recognition (Sweden)|Sweden]] | ||
| style="background-color:#f99;" | Sweden does not recognize a third or non-binary gender option, however introducing as such has once been proposed. | |||
| style="background-color:#ffb;" | In 2012, Sweden stopped requiring transgender people to be coercively sterilized in order to transition,<ref>"Swedish Verdict outlawing forced Sterilisation (2012)." Transgender Europe. http://tgeu.org/administrative-court-of-appeal-in-stockholm-on-sterilisation-requirement-in-gender-recognition-legislation-19-dec-2012/ [https://web.archive.org/web/20221007100031/https://tgeu.org/administrative-court-of-appeal-in-stockholm-on-sterilisation-requirement-in-gender-recognition-legislation-19-dec-2012/ Archived] on 17 July 2023</ref> and in 2014, stopped requiring a mental health diagnosis in order to get legal gender recognition.<ref>"Swedish Court outlaws diagnosis requirement." September 7, 2014. Transgender Europe. http://tgeu.org/administrative-court-in-stockholm-striking-out-diagnosis-in-gender-recognition-16-05-2014/ [https://web.archive.org/web/20221010154218/https://tgeu.org/administrative-court-in-stockholm-striking-out-diagnosis-in-gender-recognition-16-05-2014/ Archived] on 17 July 2023</ref> | |||
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| style="background-color:# | |- | ||
| [[Recognition (Switzerland)|Switzerland]] | |||
| style="background-color:#f99;" | A proposal to add a third "X" gender marker is also under discussion.<ref>{{cite web|url=https://360.ch/suisse/45258-le-debat-sur-le-3e-sexe-est-lance/ |title=Le débat sur le 3e sexe est lancé |website= 360º |date=2018 |language=fr|archive-url=https://web.archive.org/web/20230208074945/https://360.ch/suisse/45258-le-debat-sur-le-3e-sexe-est-lance/ |archive-date=17 July 2023 }}</ref> In 2022, however the government was not prepared allow a third or non-binary gender option.<ref>https://apnews.com/article/switzerland-gender-a48e05b6e5d0c307b3ead2bdd686f9a5</ref> | |||
| style="background-color:#ffb;" | Doesn't require transgender people to be sterilized in order to have legal gender recognition as of 2022. | |||
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| [[Recognition ( | | [[Recognition (Thailand)|Thailand]] | ||
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| [[Recognition (Turkey)|Turkey]] | | [[Recognition (Turkey)|Turkey]] | ||
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| style="background-color:#f99;" | Requires transgender people | | style="background-color:#f99;" | Requires transgender people to have surgery for legal gender recognition.<ref name="tre_map" /> | ||
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| [[Recognition (UK)|United Kingdom (UK)]] | | [[Recognition (UK)|United Kingdom (UK)]] | ||
| style="background-color:#f99;" | As of 2015, some politicians are working to introduce passports with an option for an X gender marker.<ref>"Gender neutral passports move a step closer to reality after Labour backing." http://www.independent.co.uk/news/uk/politics/gender-neutral-passports-move-a-step-closer-to-reality-after-labour-backing-10123734.html</ref> In 2015, the Ministry of Justice refused to allow a nonbinary legal gender.<ref>https://petition.parliament.uk/petitions/104639</ref> | | style="background-color:#f99;" | As of 2015, some politicians are working to introduce passports with an option for an X gender marker.<ref>"Gender neutral passports move a step closer to reality after Labour backing." http://www.independent.co.uk/news/uk/politics/gender-neutral-passports-move-a-step-closer-to-reality-after-labour-backing-10123734.html [https://web.archive.org/web/20221206215157/https://www.independent.co.uk/news/uk/politics/gender-neutral-passports-move-a-step-closer-to-reality-after-labour-backing-10123734.html Archived] on 17 July 2023</ref> In 2015, the Ministry of Justice refused to allow a nonbinary legal gender.<ref>https://petition.parliament.uk/petitions/104639 [https://web.archive.org/web/20230405153640/https://petition.parliament.uk/petitions/104639 Archived] on 17 July 2023</ref> | ||
| style="background-color:#ffb;" | In order to legally transition, you're first required to have a diagnosis of [[gender dysphoria]], and to have lived as your gender for two years, but you're not required to have had surgery.<ref>https://www.gov.uk/apply-gender-recognition-certificate/changing-your-gender</ref> | | style="background-color:#ffb;" | In order to legally transition, you're first required to have a diagnosis of [[gender dysphoria]], and to have lived as your gender for two years, but you're not required to have had surgery.<ref>https://www.gov.uk/apply-gender-recognition-certificate/changing-your-gender [https://web.archive.org/web/20230502173831/https://www.gov.uk/apply-gender-recognition-certificate/changing-your-gender Archived] on 17 July 2023</ref> | ||
| style="background-color:#f99;" | In 2015, the Ministry of Justice stated that, unlike binary trans people, nonbinary people aren't protected under equality law.<ref>https://petition.parliament.uk/petitions/104639</ref><ref>http://beyondthebinary.co.uk/specificdetriment-what-you-told-us/</ref> In the UK, most kinds of paperwork and ID show a person's title, which is the main place where gender shows on those documents. Recognition of the [[Gender neutral titles|gender-neutral title]] "[[Mx]]" is coming to be widespread. | | style="background-color:#f99;" | In 2015, the Ministry of Justice stated that, unlike binary trans people, nonbinary people aren't protected under equality law.<ref>https://petition.parliament.uk/petitions/104639 [https://web.archive.org/web/20230405153640/https://petition.parliament.uk/petitions/104639 Archived] on 17 July 2023</ref><ref>http://beyondthebinary.co.uk/specificdetriment-what-you-told-us/ [https://web.archive.org/web/20230702200413/https://beyondthebinary.co.uk/specificdetriment-what-you-told-us/ Archived] on 17 July 2023</ref> In the UK, most kinds of paperwork and ID show a person's title, which is the main place where gender shows on those documents. Recognition of the [[Gender neutral titles|gender-neutral title]] "[[Mx]]" is coming to be widespread. | ||
|- | |- | ||
| [[Recognition (USA)|United States of America (USA)]] | | [[Recognition (USA)|United States of America (USA)]] | ||
| style="background-color:# | | style="background-color:#ffb;" | Some states allow a third gender marked on official documents such as birth certificates or driving licenses. As for the federal government, the State Department announced in June 2021 that "The Department has begun moving towards adding a gender marker for non-binary, intersex, and gender non-conforming persons" for passports and Consular Reports of Birth Abroad (CRBA).<ref name="Blinken">{{Cite web |title=Proposing Changes to the Department's Policies on Gender on U.S. Passports and Consular Reports of Birth Abroad |last=Blinken |first=Antony J. |work=United States Department of State |date=30 June 2021 |access-date=26 September 2021 |url= https://www.state.gov/proposing-changes-to-the-departments-policies-on-gender-on-u-s-passports-and-consular-reports-of-birth-abroad/|archive-url=https://web.archive.org/web/20230228031106/https://www.state.gov/proposing-changes-to-the-departments-policies-on-gender-on-u-s-passports-and-consular-reports-of-birth-abroad/ |archive-date=17 July 2023 }}</ref> A government employee stated that the new gender marker would be available by the end of 2021.<ref name="Sanjana">{{Cite web |title=U.S. To Expand Passport Gender Markers For Nonbinary, Intersex Americans |last=Karanth |first=Sanjana |work=HuffPost |date=30 June 2021 |access-date=26 September 2021 |url= https://www.huffpost.com/entry/us-passport-gender-markers-nonbinary-intersex-lgbtq_n_60dcd4f2e4b04973e5c1fea9|archive-url=https://web.archive.org/web/20230318004118/https://www.huffpost.com/entry/us-passport-gender-markers-nonbinary-intersex-lgbtq_n_60dcd4f2e4b04973e5c1fea9 |archive-date=17 July 2023 }}</ref> | ||
| style="background-color:# | | style="background-color:#ffb;" | Each state has different laws regarding legal transition. Most states require proof of surgery in order to legally transition, and the rest require a letter from a doctor saying you've had some kind of transition.<br>As for passports, "You do not need to provide a medical certification or physician's letter, even if the gender you select on Form DS-11 does not match the gender on your previous passport or other documents."<ref>{{Cite web |title=Selecting your Gender Marker |author= |work=travel.state.gov |date= |access-date=26 September 2021 |url= https://travel.state.gov/content/travel/en/passports/need-passport/selecting-your-gender-marker.html|archive-url=https://web.archive.org/web/20230307133536/https://travel.state.gov/content/travel/en/passports/need-passport/selecting-your-gender-marker.html|archive-date=17 July 2023}}</ref> | ||
| style="background-color:#f99;" | In the USA, documents and ID rarely show a person's title. | | style="background-color:#f99;" | In the USA, documents and ID rarely show a person's title. | ||
|- | |||
|[[Recognition (Uruguay)|Uruguay]] | |||
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|[[Recognition (Vietnam)|Vietnam]] | |[[Recognition (Vietnam)|Vietnam]] | ||
| | | | ||
| style="background-color:#f99;" | Forces transgender people to go through surgery in order to transition. Before late 2015, transgender people could not change their gender markers.<ref>https://www.theguardian.com/world/2015/nov/24/vietnam-law-change-introduces-transgender-rights</ref> | | style="background-color:#f99;" | Forces transgender people to go through surgery in order to transition. Before late 2015, transgender people could not change their gender markers.<ref>{{Cite web |title=Vietnam law change introduces transgender rights |author= |work=the Guardian |date=24 November 2015 |access-date=31 October 2021 |url= https://www.theguardian.com/world/2015/nov/24/vietnam-law-change-introduces-transgender-rights|archive-url=https://web.archive.org/web/20221013060341/https://www.theguardian.com/world/2015/nov/24/vietnam-law-change-introduces-transgender-rights |archive-date=17 July 2023 }}</ref> | ||
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|} | |} | ||
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== External links == | == External links == | ||
* [[Wikipedia:LGBT rights by country or territory]] | * [[Wikipedia:LGBT rights by country or territory]] | ||
* [ | * [https://web.archive.org/web/20230719142749/https://tgeu.org/toolkit_legal_gender_recognition_in_europe/ Transgender Europe: Toolkit: Legal gender recognition in Europe] | ||
* [ | * [https://web.archive.org/web/20230719142820/https://tgeu.org/trans-rights-europe-card-game-2014/ Transgender Europe: Trans Rights Europe Card Game] | ||
* [ | * [https://web.archive.org/web/20230719142842/https://tgeu.org/trans-rights_europe_map_2016/ Transgender Europe: Trans Rights Europe Map & Index 2016] | ||
== References == | == References == |
Latest revision as of 21:18, 8 May 2024
Recognition of non-binary gender identities in law and other paperwork is an important issue confronting modern society. This also deals with policies about transgender people in general and related policies about intersex people. Recognition here means whether an organization acknowledges that such people exist and have valid identities, and the organization does this by routinely giving them a place where they aren't forced into being wrongly categorized as a gender that doesn't match their gender identity. In the case of recognition of nonbinary people, this means the system doesn't force them to wrongly say they are one of the binary genders (female or male). Through networking and activism, people can find out which organisations acknowledge non-binary genders, and can ask for acknowledgement from organisations that still need to do so.
For international recognition on the Internet, see websites and social networks.
Recognition worldwide[edit | edit source]
One international problem is that all passports and other identity documents list gender (they are usually called "sex"),[1] and most countries require that gender to be either female or male.[2] A few countries allow passports to have a nonbinary gender marker, called X (unspecified or X-gender), T (transgender or third gender), E (eunuch), I (intersex) or O (other), depending on the country. Having a nonbinary marker on one's passport can make it impossible to travel to a country whose passports don't give that option.[3]
Another global problem for transgender rights is that many countries require too much of a transgender person in order to allow them to have a legal transition. Many countries require proof of surgery in order to do this. Many countries even require transgender people to go through bottom surgeries that would effectively sterilize them in order to transition. International law calls compulsory sterilization a crime against humanity,[4][5] but it is still the law in many countries.
In the table below, countries are listed in alphabetical order. To make them easier to skim, they use a colour code based on traffic lights:
- Blue (#9FF) means it's friendly to nonbinary people. This can mean it allows unspecified gender options.
- Yellow (#FFB) means it's somewhat friendly to nonbinary people. This can mean it plans to become friendly to nonbinary people. Or it can mean the country is divided on giving nonbinary people their rights, but leaning toward acceptance.
- Red (#F99) means it's not friendly at all to nonbinary people.
- White or blank background means we don't have information about this yet, or it's difficult to call whether it's more good or bad for nonbinary people.
Country | Nonbinary markers allowed on passports or other identity documents? | Legal gender change requirements | Other notes on transgender, nonbinary, and intersex rights, recognition, and government views |
---|---|---|---|
Australia | Starting in 2000, Australia allows nonbinary and intersex people to get passports with the nonbinary gender marker "X (indeterminate/unspecified/intersex)," requiring only a letter from a doctor, not proof of surgery.[6] Can change birth certificate to "sex: not specified."[7][8][9] | Can change birth certificate, including to a nonbinary option, "sex: not specified," if the person has had a "sex affirmation procedure".[10] However, people have to be unmarried at the time of the change.[11] | "The Australian Government recognises that individuals may identify and be recognised within the community as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female. This should be recognised and reflected in their personal records held by Australian Government departments and agencies."[12] |
Austria | The first passport with an "X" as a gender marker was issued on May 14, 2019 to the intersex activist Alex Jürgen, thanks to the country's constitutional court, who ruled that citizens have the right to have their gender identity accurately represented in their official documents.[13] | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] As for the civil registry, the term "divers" can be used as long as the person can provide a document certifying their intersex status.[13] | It is possible to change to an ambiguous name. However, there are high fees for a name change unless one can prove to have a reason that is approved by the state. A name that doesn't correspond to the legal gender can also be chosen, but only as a second or third name - the name that is listed first has to correspond to the legal gender or be ambiguous.[15] |
Argentina | Identity documents can be issued without a gender marker at all thanks to the Gender Identity Law, passed in 2012. In November 2018, two nonbinary people were able to make this change without a judicial procedure for the first time.[16] | Argentina allows transgender people to get access to legal and medical resources they need to transition, without requiring these things in order to be legally recognized as their gender. They can change their legal gender based on their written declaration, without even a diagnosis.[17] See Argentina's Gender Identity Law as of 2012 here. While this law is said to be the most progressive transgender law in the world,[18] it doesn't directly mention intersex or nonbinary people. | |
Armenia | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Azerbaijan | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Bangladesh | In 2011, started to allow passports to show a gender called "other".[19][20] | ||
Belarus | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Belgium | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[21] | The government publishes vacancy notes with the mention "M/F/X".[22] Anti-discrimination legislation covers gender identity and expression. [23] | |
Bolivia | Since August 2016, transgender people in Bolivia can change their legal gender as long as they are over 18 years old, pass a psychological test and write a letter of application.[24] | ||
Bosnia and Herzegovina | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Brazil | |||
Bulgaria | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Cambodia | Some Cambodian families abuse, burn, or torture transgender children. They are sometimes believed to be possessed.[25] | ||
Canada | As of June 2019, Canada allows for "X" in the sex field of immigration documents including passports and proof of citizenship certificates [26]. Some provinces allow-- or plan to soon allow-- hidden or "X" markers on identity documents such as birth certificates and driver's licenses; see Recognition (Canada) for the latest details on which. | Requirements vary from province to province. Generally minimally medical intervention is required. Explicit anti-discrimination protections for transgender people only in Alberta, Northwest Territories, Manitoba, Saskatchewan and Ontario, implicit elsewhere. | |
Chile | Requires a court order in order to have an "X" gender option. | ||
Colombia | In February 2022, the Constitutional Court of Colombia ruled that a non-binary person was entitled to a birth certificate and identity card with a "no binario"/"NB" gender marker.[27] Since August 2023, passports issued within Colombia included 3 options of namely male, female and X.[28] | Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notar, no surgeries or judicial order required.[29] | |
Costa Rica | The recognition of non-binary identities became available since 2022 only for passports and immigration documents.[30][31] | ||
Croatia | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Cyprus | |||
Czech Republic | M or F only.[32] | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | |
Denmark | Denmark allows people to get passports with the gender marker X, although the procedure is currently quite administratively difficult.[33] | Since 2014, no longer requires sterilization, gender identity disorder diagnosis, or ending a marriage in order to change legal sex.[34] Requires applicants to be over 18, and to wait six months after applying before legal sex change takes effect.[35] | Danish law includes protections against discrimination based on sexual orientation and gender identity/expression.[36][37] Danish law includes hate crimes legislation, which adds extra penalties for crimes committed against people because of their sexuality and for their gender identity or form of gender expression.[36] |
Estonia | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Finland | Doesn't require transgender people to be sterilized in order to have legal gender recognition as of 2023. | ||
France | M or F only. In 2015, for the first time, France allowed an intersex adult to change their birth certificate to "gender neutral".[38] | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] Doesn't require a note from a doctor or medical intervention, but does not use self-certification alone [39] | |
Georgia (country) | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Germany | Since December 2018, German citizens can apply for a third gender marker as long as they provide a note from their doctor. Although the law was initially passed for intersex people, some perisex nonbinary people have managed to get a third gender marker too by getting a note from a trusted doctor. [40] | In 2011, Germany stopped requiring transgender people to be coercively sterilized in order to transition.[41] | The coalition agreement for the current federal government provides for legislation clarifying that surgery on intersex children is only allowed in cases that are urgent and involve a lethal health threat. [42] Some nonbinary people have legally adopted neutral names, arguing the TSG ("law on transsexuals") does not apply to them.[43] |
Greece | Greece allows transgender people to change their gender markers if their gender expression matches their gender identity.[44] | ||
India | India recognises transgender people as a third gender. Additionally, hijras are also recognised as a third gender.[45] | ||
Indonesia | |||
Ireland | M or F only. | In 2015, Ireland passed a law allowing transgender adults to legally transition to either female or male only, without a requirement of medical intervention. Intersex and nonbinary people and minors are still left out.[46] Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] | |
Iceland | Options are male, female, nonbinary, other, and the option to decline to answer.[47] | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] | In June 2019, the Icelandic Parliament voted unanimously on a bill to implement a "self-determination gender change model law", including an "X" marker on identity documents.[48] It was implemented in January 2021.[47] |
Italy | Doesn't require transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Japan | M or F only, despite having a localized term. | Japan made legal transition possible in 2004. In order to get one, Japan requires that a transgender person must be unmarried, has never had children, has had genital surgeried. | |
Kenya | Since 2022, intersex people can now be identified with an 'I' gender marker on their birth certificate in Kenya.[49] | ||
Latvia | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Lithuania | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Malaysia | Malaysia has no legislation for changing a legal sex, and instead deals with this on a case-by-case basis. | ||
Malta | Since September 2017, Malta can issue official identity documents with X as a gender marker. On January 2018, Malta released the first passport with an 'X' as a gender marker.[50] | The only requirement for a neutral gender marker is an oath in front of a notary.[50] | |
Mexico | In May 2023, Mexico allows an "X" gender marker on passports.[citation needed] | ||
Montenegro | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Nepal | Allows passports to use a third gender marker, called "other", which includes all transgender and nonbinary people.[51] | ||
Netherlands | Doesn't require transgender people to be sterilized or any kind of therapy in order to have legal gender recognition, but it requires a diagnosis.[14] | In 2018 Leonne Zeegers was the first Dutch citizen to receive a passport with gender marker "X".[52] Leonne does have an intersex condition but the judge ruled in their favor based on their gender, which is nonbinary. In October 2019, Nanoah Struik was the second adult citizen to get an X on their passport.[53] Nanoah doesn't have an intersex condition so this makes them the first person to have that gender marker without having an intersex condition. | |
New Zealand | Allows passports to use a nonbinary gender option, X.[54] You can change it simply by applying for it.[55] | Since 1995, in order to change the gender on your birth certificate, you need to show that you wish to live in your intended gender, and that you have undergone "medical treatment" for it.[55] You can change your driver's license simply by applying for it.[55] | New Zealand allows asylum seekers or refugees who face harm on the basis of "gender" and "identity"[56]. In the New Zealand refugee confirmation form, the options for gender are "Male", "Female", and "Other (specify)" which is a write-in field.[57] |
Norway | Although the country has not yet recognized a non-binary gender, the government announced its intention to legally recognize non-binary identities in 2021. Additionally, a nonbinary gender option for passports was advocated by some members of the Norwegian Labour Party in 2017.[58][59] | People over 16 can change their legal gender without any kind of diagnosis or treatment. Minors between 6 and 16 years old need their parents' permission.[60] | |
Pakistan | Pakistan legally recognises hijras and eunuchs, even though transgender topics are generally taboo.[61] | ||
Philippines | This country doesn't allow transgender people to change their legal sex, but made an exception for an intersex person.[citation needed] | ||
Poland | Transgender people must undergo sex reassignment surgery before changing their legal gender.[14] | ||
Portugal | Transgender people can change their legal gender without any requirements. Minors who are 16 or 17 years old need their parents' permission and a favorable opinion from a psychologist.[14] | ||
Romania | M or F only.[62] | Requires transgender people to undergo sex reassignment surgery in order to have legal gender recognition.[14] Genital surgery is required in order to change legal sex.[63] Allowed to marry in accordance with new legal sex. | |
Russia | No known legal recognition, even though some say there was a third gender in the past. In July 2021, Russia announced that people from other countries with a non-binary gender marker in their passports would not be allowed to enter the country. | Only intersex minors can change their legal gender. Affirmative surgeries are required. | "Any medical intervention with a goal of creating in a person's body primary or secondary characteristics of the opposite sex is prohibited". People who have changed their legal gender aren't allowed to marry or adopt children. On October 2023 the court has banned "the international public movement of LGBT" as extremist with up to 12 years of imprisonment for people who belong to or support it. [64] |
Serbia | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Slovakia | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
Slovenia | Requires transgender people to be sterilized in order to have legal gender recognition.[14] | ||
South Africa | Since 2003, legal gender can be changed after medical treatment. Hormone therapy is seen as enough, surgery isn't required.[65] | Anti-discrimination laws are interpreted to include gender identity. | |
South Korea | While the Supreme Court declared that transgender people need to undergo SRS in order to change their legal gender, in 2013 a court ruled that five transgender people could make the change without a surgery, and the same happened in 2017.[66] | ||
Spain | Even though Spain does not provide recognition for non-binary or intersex people on a national level, three provinces have introduced such recognition: Canarias, La Rioja, and Navarra.[citation needed] | All transgender people may change their legal gender without a surgery, including minors.[67] | |
Sweden | Sweden does not recognize a third or non-binary gender option, however introducing as such has once been proposed. | In 2012, Sweden stopped requiring transgender people to be coercively sterilized in order to transition,[68] and in 2014, stopped requiring a mental health diagnosis in order to get legal gender recognition.[69] | |
Switzerland | A proposal to add a third "X" gender marker is also under discussion.[70] In 2022, however the government was not prepared allow a third or non-binary gender option.[71] | Doesn't require transgender people to be sterilized in order to have legal gender recognition as of 2022. | |
Thailand | |||
Turkey | Requires transgender people to have surgery for legal gender recognition.[14] | ||
United Kingdom (UK) | As of 2015, some politicians are working to introduce passports with an option for an X gender marker.[72] In 2015, the Ministry of Justice refused to allow a nonbinary legal gender.[73] | In order to legally transition, you're first required to have a diagnosis of gender dysphoria, and to have lived as your gender for two years, but you're not required to have had surgery.[74] | In 2015, the Ministry of Justice stated that, unlike binary trans people, nonbinary people aren't protected under equality law.[75][76] In the UK, most kinds of paperwork and ID show a person's title, which is the main place where gender shows on those documents. Recognition of the gender-neutral title "Mx" is coming to be widespread. |
United States of America (USA) | Some states allow a third gender marked on official documents such as birth certificates or driving licenses. As for the federal government, the State Department announced in June 2021 that "The Department has begun moving towards adding a gender marker for non-binary, intersex, and gender non-conforming persons" for passports and Consular Reports of Birth Abroad (CRBA).[77] A government employee stated that the new gender marker would be available by the end of 2021.[78] | Each state has different laws regarding legal transition. Most states require proof of surgery in order to legally transition, and the rest require a letter from a doctor saying you've had some kind of transition. As for passports, "You do not need to provide a medical certification or physician's letter, even if the gender you select on Form DS-11 does not match the gender on your previous passport or other documents."[79] |
In the USA, documents and ID rarely show a person's title. |
Uruguay | |||
Vietnam | Forces transgender people to go through surgery in order to transition. Before late 2015, transgender people could not change their gender markers.[80] |
See also[edit | edit source]
- Practical resources
- Charities and groups that benefit gender variant people
- Attitudes towards nonbinary people by country
External links[edit | edit source]
- Wikipedia:LGBT rights by country or territory
- Transgender Europe: Toolkit: Legal gender recognition in Europe
- Transgender Europe: Trans Rights Europe Card Game
- Transgender Europe: Trans Rights Europe Map & Index 2016
References[edit | edit source]
- ↑ Lauren Bishop. "Gender and Sex Designations for Identification Purposes: A Discussion on Inclusive Documentation for a Less Assimilationist Society." 30 Wis. J.L. Gender & Soc'y 131, 134-35. Fall 2015 (containing a broad comparative discussion of this problem in academic legal scholarship). available at http://hosted.law.wisc.edu/wordpress/wjlgs/fall-2015-volume-xxx-no-2/ Archived on 17 July 2023
- ↑ "X gender markers on passports." http://lgbt.libdems.org.uk/en/page/x-gender-markers-on-passports Archived on 17 July 2023
- ↑ Aron Macarow. "These Seven Countries are Way Ahead of the US on Trans Issues." February 9, 2015. Attn. http://www.attn.com/stories/868/transgender-passport-status Archived on 17 July 2023
- ↑ As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", Page 201. He references RSICC/C, Vol. 1 p. 360
- ↑ Rome Statute of the International Criminal Court http://legal.un.org/icc/statute/romefra.htm Archived on 17 July 2023
- ↑ https://web.archive.org/web/20111019035814/https://www.passports.gov.au/web/sexgenderapplicants.aspx Archived on 17 July 2023
- ↑ "NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)" . High Court of Australia. 2 April 2014. Retrieved 16 May 2015. http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html Archived on 17 July 2023
- ↑ "X marks the spot for intersex Alex" Archived 2013-11-11 at WebCite, West Australian, via bodieslikeours.org. 11 January 2003 https://web.archive.org/web/20131110023525/http://www.bodieslikeours.org/pdf/xmarks.pdf
- ↑ Holme, Ingrid (2008). "Hearing People's Own Stories". Science as Culture. 17 (3): 341–344. doi:10.1080/09505430802280784. https://www.tandfonline.com/doi/abs/10.1080/09505430802280784 Archived on 17 July 2023
- ↑ "NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)" . High Court of Australia. 2 April 2014. Retrieved 16 May 2015. http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html Archived on 17 July 2023
- ↑ "BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 32B Application to alter register to record change of sex" . Retrieved 26 July 2015. http://www5.austlii.edu.au/au/legis/nsw/consol_act/bdamra1995383/s32b.html Archived on 17 July 2023
- ↑ "Australian Government Guidelines on the Recognition of Sex and Gender" (PDF). November 2015. Archived from the original (PDF) on 17 July 2023. Retrieved 16 May 2020. (PDF)
- ↑ 13.0 13.1 Austria recognises third gender option in official documents — PinkNews.co.uk Archived on 17 July 2023
- ↑ 14.00 14.01 14.02 14.03 14.04 14.05 14.06 14.07 14.08 14.09 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 Europe Map & Index 2017." Transgender Europe. http://tgeu.org/trans-rights-map-2017/ Archived on 17 July 2023
- ↑ "Vornamensänderung." TransX. http://www.transx.at/Pub/Recht_Vornamen.php Archived on 17 July 2023
- ↑ DNI sin indicación de sexo y como un trámite — Página12 (in Spanish) Archived on 17 July 2023
- ↑ "Argentina Adopts Groundbreaking Gender Identity Law." Transgender Europe. May 10, 2012. http://tgeu.org/argentina-adopts-ground-breaking-gender-identity-law/ Archived on 17 July 2023
- ↑ "FAQ about identity documents." Lambda Legal. http://www.lambdalegal.org/know-your-rights/transgender/identity-document-faq Archived on 17 July 2023
- ↑ http://www.attn.com/stories/868/transgender-passport-status Archived on 17 July 2023
- ↑ Tristin Hopper, "Genderless passports ‘under review’ in Canada." May 8, 2012. National Post. http://news.nationalpost.com/news/canada/genderless-passports-under-review-in-canada Archived on 17 July 2023
- ↑ (Since 1 January 2018:) Loi du 25 juin 2017 réformant des régimes relatifs aux personnes transgenres en ce qui concerne la mention d'une modification de l'enregistrement du sexe dans les actes de l'état civil et ses effets http://www.ejustice.just.fgov.be/eli/loi/2017/06/25/2017012964/justel Wet van 25 juni 2017 tot hervorming van regelingen inzake transgenders wat de vermelding van een aanpassing van de registratie van het geslacht in de akten van de burgerlijke stand en de gevolgen hiervan betreft http://www.ejustice.just.fgov.be/eli/wet/2017/06/25/2017012964/justel
- ↑ M/F devient M/F/X: l’administration fédérale veut plus de neutralité liée au sexe lors des recrutements http://www.selor.be/fr/nouvelles/2015/12/mf-devient-mfx-l’administration-fédérale-veut-plus-de-neutralité-liée-au-sexe-lors-des-recrutements/ M/V wordt M/V/X: federale overheid wil meer genderneutraliteit in vacatures http://www.selor.be/nl/nieuws/2015/12/mv-wordt-mvx-federale-overheid-wil-meer-genderneutraliteit-in-vacatures/
- ↑ Loi du 10 mai 2007 tendant à lutter contre la discrimination entre les femmes et les hommes http://www.ejustice.just.fgov.be/eli/loi/2007/05/10/2007002098/justel Wet ter bestrijding van discriminatie tussen vrouwen en mannen http://www.ejustice.just.fgov.be/eli/wet/2007/05/10/2007002098/justel
- ↑ Bolivia Lets Transgender People Choose Their Legal Identity — Tele Sur (English edition). Archived on 17 July 2023
- ↑ https://www.huffingtonpost.com/entry/lgbt-cambodia_us_5614ed2de4b0fad1591a0ced Archived on 17 July 2023
- ↑ https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/gender-x-documents.html Archived on 17 July 2023
- ↑ https://www.hrw.org/news/2022/03/08/colombias-constitutional-court-advances-gender-diversity Archived on 17 July 2023
- ↑ https://newsinfo.inquirer.net/1821705/colombia-adds-non-binary-gender-option-on-passports
- ↑ Lee, Brianna (2015). "Colombia Allows Transgender Community To Change Sex On IDs Without Physical Exams". International Business Times. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ https://thecostaricanews.com/costa-rica-recognizes-from-this-past-monday-the-non-binary-gender-in-immigration-documents-for-foreigners/ Archived on 17 July 2023
- ↑ https://nicaraguainvestiga.com/mundo/83008-costa-rica-permite-pasaportes-con-genero-x-para-personas-no-binarias/ Archived on 17 July 2023
- ↑ https://www.pinknews.co.uk/2022/06/22/non-binary-czech-republic/ Archived on 17 July 2023
- ↑ "Denmark: X in Passports and New Trans Law Works." Transgender Europe. September 12, 2014. http://tgeu.org/denmark-x-in-passports-and-new-trans-law-work/ Archived on 17 July 2023
- ↑ "Denmark becomes Europe’s leading country on legal gender recognition | The European Parliament Intergroup on LGBTI Rights" . Lgbt-ep.eu. 2014-06-12. Retrieved 2015-04-10. http://www.lgbt-ep.eu/press-releases/denmark-becomes-europes-leading-country-on-legal-gender-recognition/ Archived on 17 July 2023
- ↑ "World must follow Denmark's example after landmark transgender law". Amnesty International. 12 June 2014. Archived from the original on 4 July 2014.
- ↑ 36.0 36.1 Itaborahy, Lucas Paoli; Zhu, Jingshu. "State-sponsored Homophobia: A world survey of laws: Criminalisation, protection and recognition of same-sex love" (PDF). Archived from the original (PDF) on 17 July 2023.
- ↑ Main legislation Archived on 17 July 2023
- ↑ Joseph Patrick McCormick. "France legally recognises person as ‘gender neutral’ for the first time." Pink News. October 15, 2015. [1]
- ↑ http://tgeu.org/france-adopts-1st-gender-recognition-law-trans-people-continue-being-judged/ Archived on 17 July 2023
- ↑ "Ratgeber für inter- und transgeschlechtliche Menschen", LSVD. https://www.lsvd.de/recht/ratgeber/intersexuelle/ratgeber-fuer-inter-und-transgeschlechtliche-menschen.html Archived on 17 July 2023
- ↑ "German Federal Court Outlawing Forced Sterilisation (2011)." Transgender Europe. January 7, 2015. http://tgeu.org/german-federal-court-verdict-on-forced-sterilisation-2011/ Archived on 17 July 2023
- ↑ Coalition agreement (see lines 782-784) https://www.bundesregierung.de/Content/DE/_Anlagen/2018/03/2018-03-14-koalitionsvertrag.pdf?__blob=publicationFile&v=5 Archived on 17 July 2023
- ↑ "Namensänderung ohne Transsexuellengesetz". nibiTrans*Ich (blog).[3]
- ↑ https://www.ilga-europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017 Archived on 17 July 2023
- ↑ "Supreme Court's Third Gender Status to Transgenders is a landmark". Biharprabha News. 15 April 2014. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ http://www.theguardian.com/world/2015/jul/16/ireland-transgender-law-gender-recognition-bill-passed Archived on 17 July 2023
- ↑ 47.0 47.1 Fontaine, Andie Sophia (8 January 2021). "Nonbinary Gender Registration Finally Opens In Iceland". The Reykjavik Grapevine. Archived from the original on 17 July 2023. Retrieved 10 January 2021.
- ↑ "Gender Autonomy Act Applauded", mbl.is. https://icelandmonitor.mbl.is/news/politics_and_society/2019/06/21/gender_autonomy_act_applauded/ Archived on 17 July 2023
- ↑ "The Children Act 2022". Archived from the original on 17 July 2023. Retrieved 24 November 2022.
- ↑ 50.0 50.1 Sansone, Kurt (23 January 2018). "Malta releases first passport with neutral 'X' gender marker". Malta Today. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ Lim, Clarissa-Jan (8 January 2015). "Nepal Passports Will Offer a 3rd Gender Option". Bustle. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ "First Dutch gender-neutral passport issued". BBC News. 19 October 2018. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ "Tweede volwassene krijgt X in paspoort". Transgender Netwerk Nederland (in Dutch). 29 July 2019. Archived from the original on 17 July 2023. Retrieved 31 October 2021.
- ↑ Clarissa-Jan Lim. "New "Third Gender" Option on Nepal Passports Finally Protects the Rights of LGBT Community." Bustle. January 8, 2015. http://www.bustle.com/articles/57466-new-third-gender-option-on-nepal-passports-finally-protects-the-rights-of-lgbt-community Archived on 17 July 2023
- ↑ 55.0 55.1 55.2 Scarlet, Kate; Jimson-Healey, Rosie (July 2013). "How to change your name and gender under New Zealand law" (PDF).
- ↑ https://www.immigration.govt.nz/audiences/supporting-refugees-and-asylum-seekers/asylum-seekers Archived on 17 July 2023
- ↑ "Confirmation of Claim to Refugee and Protection Status in New Zealand" (PDF). March 2021. Archived from the original (PDF) on 17 July 2023. Retrieved 26 September 2021.
- ↑ McCormick, Joseph (8 February 2017). "Norway could introduce a third gender option on passports". PinkNews. Archived from the original on 17 July 2023. Retrieved 5 September 2020.
- ↑ England, Charlotte (8 February 2017). "Norway could introduce a third gender option on passports for people who identify neither male nor female". independent.co.uk. Archived from the original on 17 July 2023. Retrieved 5 September 2020.
- ↑ Easier to change legal gender, Norwegian Government (2016) Archived on 17 July 2023
- ↑ Michele Langevine Leiby (10 February 2012). "For transgender Pakistanis, newfound rights". Washington Post. Archived from the original on 17 July 2023. Retrieved 31 October 2021.
- ↑ "Law 122/2006 Annex 3". Romanian Ministry of Justice (in Romanian). Retrieved 31 October 2023.
- ↑ "Transsexualismul in Romania". Accept Romania (in Romanian). Archived from the original on 11 July 2017. Retrieved 31 October 2021.
- ↑ https://www.hrw.org/news/2023/11/30/russia-supreme-court-bans-lgbt-movement-extremist
- ↑ "Changing your name and gender in your identity document: the Alteration of Sex Description Act 49 of 2003" (PDF). Gender Dynamix. Retrieved 29 September 2013. http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Act-49-English.pdf Archived on 17 July 2023
- ↑ "Landmark legal ruling for South Korean transgenders". The Hankyoreh. 16 March 2013. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ "Excluir a menores trans es inconstitucional". Chrysalis (in Spanish). 20 July 2019. Archived from the original on 1 February 2021. Retrieved 14 September 2019.
- ↑ "Swedish Verdict outlawing forced Sterilisation (2012)." Transgender Europe. http://tgeu.org/administrative-court-of-appeal-in-stockholm-on-sterilisation-requirement-in-gender-recognition-legislation-19-dec-2012/ Archived on 17 July 2023
- ↑ "Swedish Court outlaws diagnosis requirement." September 7, 2014. Transgender Europe. http://tgeu.org/administrative-court-in-stockholm-striking-out-diagnosis-in-gender-recognition-16-05-2014/ Archived on 17 July 2023
- ↑ "Le débat sur le 3e sexe est lancé". 360º (in French). 2018. Archived from the original on 17 July 2023.
- ↑ https://apnews.com/article/switzerland-gender-a48e05b6e5d0c307b3ead2bdd686f9a5
- ↑ "Gender neutral passports move a step closer to reality after Labour backing." http://www.independent.co.uk/news/uk/politics/gender-neutral-passports-move-a-step-closer-to-reality-after-labour-backing-10123734.html Archived on 17 July 2023
- ↑ https://petition.parliament.uk/petitions/104639 Archived on 17 July 2023
- ↑ https://www.gov.uk/apply-gender-recognition-certificate/changing-your-gender Archived on 17 July 2023
- ↑ https://petition.parliament.uk/petitions/104639 Archived on 17 July 2023
- ↑ http://beyondthebinary.co.uk/specificdetriment-what-you-told-us/ Archived on 17 July 2023
- ↑ Blinken, Antony J. (30 June 2021). "Proposing Changes to the Department's Policies on Gender on U.S. Passports and Consular Reports of Birth Abroad". United States Department of State. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ Karanth, Sanjana (30 June 2021). "U.S. To Expand Passport Gender Markers For Nonbinary, Intersex Americans". HuffPost. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ "Selecting your Gender Marker". travel.state.gov. Archived from the original on 17 July 2023. Retrieved 26 September 2021.
- ↑ "Vietnam law change introduces transgender rights". the Guardian. 24 November 2015. Archived from the original on 17 July 2023. Retrieved 31 October 2021.