Gender recognition

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.

Map of recognition of nonbinary gender. (Graphic may not be as up to date as the rest of this article.)
Green: Safe or allows recognition.
Light green: Somewhat recognised.
Pink: Good transgender laws, but nonbinary people are still unrecognised.
Red: Not recognised, or intrusive or bad transgender laws.

For international recognition on the Internet, see websites and social networks.

Recognition worldwide

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]
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.[12] Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13] As for the civil registry, the term "divers" can be used as long as the person can provide a document certifying their intersexuality.[12] 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.[14]
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.[15] 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.[16] 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,[17] it doesn't directly mention intersex or nonbinary people.
Armenia Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Azerbaijan Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Bangladesh In 2011, started to allow passports to show a gender called "other".[18][19]
Belarus Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Belgium Doesn't require transgender people to be sterilized in order to have legal gender recognition.[20] The government publishes vacancy notes with the mention "M/F/X".[21] Anti-discrimination legislation covers gender identity and expression. [22]
Bolivia "Transgender people in Bolivia will soon be able to legally change their name, sex and gender."[23]
Bosnia and Herzegovina Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Bulgaria Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Cambodia Some Cambodian families abuse, burn, or torture transgender children. They are sometimes believed to be possessed.[24]
Canada As of June 2019, Canada allows for "X" in the sex field of immigration documents including passports and proof of citizenship certificates [25]. 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.
Colombia Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notar, no surgeries or judicial order required.[26]
Croatia Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Cyprus
Czech Republic Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Denmark Denmark allows people to get passports with the gender marker X.[27] Since 2014, no longer requires sterilization, gender identity disorder diagnosis, or ending a marriage in order to change legal sex.[28] Requires applicants to be over 18, and to wait six months after applying before legal sex change takes effect.[29] Danish law includes protections against discrimination based on sexual orientation and gender identity/expression.[30][31] 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.[32]
Estonia Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Finland Requires transgender people to be sterilized in order to have legal gender recognition.[13]
France M or F only. In 2015, for the first time, France allowed an intersex adult to change their birth certificate to "gender neutral".[33] Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13] Doesn't require a note from a doctor or medical intervention, but does not use self-certification alone [34]
Georgia (country) Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Germany Germany requires newborns with "ambiguous" genitals to have birth certificates without a gender marker; this can be changed to female or male later in life, if the person wishes it. Activists fear this will lead to even more pressure for nonconsensual surgery on intersex babies as parents are afraid of this stigmatizing non-marker.[35]
More recently, Germany has decided to allow nonbinary and intersex people proper recognition. It will allow birth certificates with an explicit nonbinary gender marker by the end of 2018[36] [37] German passports can have an M, F or X mark. [38]
In 2011, Germany stopped requiring transgender people to be coercively sterilized in order to transition.[39] 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. [40] Some nonbinary people have legally adopted neutral names, arguing the TSG ("law on transsexuals") does not apply to them.[41]
Greece Greece allows transgender people to change their gender markers if their gender expression matches their gender identity.[42]
India India allows passports to use the gender marker "T", meaning transgender,[43] as well as "E" (eunuch).[44]
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.[45] Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Iceland M or F only. Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Italy Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Japan 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 surgery, and has been sterilized.[46]
Kenya In 2015, activists in Kenya are still working for the introduction of another gender option on official forms for people who don't identify as female or male, who may be intersex or transgender.[47]
Latvia Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Lithuania Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Malaysia Malaysia has no legislation for changing a legal sex, and instead deals with this on a case-by-case basis.
Malta In 2015, Malta is actively working toward allowing passports of transgender and intersex people to use an "X" gender marker, but this hasn't been resolved yet.[48] Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Montenegro Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Nepal Allows passports to use an "X" gender marker.[49]
Netherlands Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
New Zealand Allows passports to use a nonbinary gender option, X.[50] You can change it simply by applying for it.[51] 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.[52] You can change your driver's license simply by applying for it.[53] New Zealand allows asylum seekers or refugees who face harm on the basis of "gender" and "identity"[54]. However, in its refugee confirmation form[55], it only allows binary options.
Norway Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Pakistan Pakistan legally recognises hijras and eunuchs. [56]
Philippines This country doesn't allow transgender people to change their legal sex, but made an exception for an intersex person.
Poland Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Portugal Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Romania Requires transgender people to be sterilized in order to have legal gender recognition.[13] Genital surgery is required in order to change legal sex.[57] Allowed to marry in accordance with new legal sex.
Russia Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Serbia Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Slovakia Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Slovenia Requires transgender people to be sterilized in order to have legal gender recognition.[13]
South Africa Since 2003, legal gender can be changed after medical treatment. Hormone therapy is seen as enough, surgery isn't required.[58] Anti-discrimination laws are interpreted to include gender identity.
South Korea In 2013 a court ruled that transsexuals can change their legal sex without undergoing genital surgery.[59]
Spain Doesn't require transgender people to be sterilized in order to have legal gender recognition.[13]
Sweden In 2012, Sweden stopped requiring transgender people to be coercively sterilized in order to transition,[60] and in 2014, stopped requiring a mental health diagnosis in order to get legal gender recognition.[61]
Switzerland Requires transgender people to be sterilized in order to have legal gender recognition.[13]
Turkey Requires transgender people to be sterilized in order to have legal gender recognition.[13]
United Kingdom (UK) As of 2015, some politicians are working to introduce passports with an option for an X gender marker.[62] In 2015, the Ministry of Justice refused to allow a nonbinary legal gender.[63] 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.[64] In 2015, the Ministry of Justice stated that, unlike binary trans people, nonbinary people aren't protected under equality law.[65][66] 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) All US official identity documents (passports, birth certificates, driver's licenses, and so on) that record gender (called "sex" in those documents) require people to be called either female or male, with no nonbinary options. This makes problems not only for people who have always lived in the country. The US State Department has no process for dealing with people who have nonbinary passports from other countries.[67] In 2016, Jamie Shupe of Oregon became the first person in the USA whose legal sex is "non-binary,"[68] and uses identity documents that typically don't display sex (military retiree and social security cards), but the DMV doesn't yet allow nonbinary driver's licenses.[69] 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. The U.S. Department of State made multiple public statements of hatred against nonbinary Americans. [70] In the USA, documents and ID rarely show a person's title.
Vietnam Forces transgender people to go through surgery in order to transition. Before late 2015, transgender people could not change their gender markers.[71]

See also

External links

References

  1. 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/
  2. "X gender markers on passports." http://lgbt.libdems.org.uk/en/page/x-gender-markers-on-passports
  3. 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
  4. 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
  5. Rome Statute of the International Criminal Court http://legal.un.org/icc/statute/romefra.htm
  6. https://www.passports.gov.au/web/sexgenderapplicants.aspx
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  8. "X marks the spot for intersex Alex" Archived 2013-11-11 at WebCite, West Australian, via bodieslikeours.org. 11 January 2003 https://www.webcitation.org/6L2hqf44G?url=http://www.bodieslikeours.org/pdf/xmarks.pdf
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  11. "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
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  20. (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
  21. 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/
  22. 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
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  30. Homophobia A world survey of laws criminalising same-sex sexual acts between consenting adults
  31. Main legislation
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  49. 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
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