Gender recognition
(Redirected from 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.)
* 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
* 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
For international recognition on the Internet, see websites and social networks.
Recognition worldwideEdit
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 | S |