Gender recognition
* Dark blue: Non-binary / third gender option available as voluntary opt-in
* Yellow: Opt-in for intersex people only
* Orange: Standard for third gender
* Red: Standard for intersex
* Grey: Nonbinary / third gender option not legally recognized / no data
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] |