The aim of this report is to provide an overview of the different legal gender registration models which somehow cause a break in the static registration of gender as binary, and recognize gender identities as considerably more diverse as is understood under the auspices of the two categories, namely women and men.

It focuses on the legalistic and bureaucratic aspects of implementing these models in order to provide a clear picture how states can avoid unintended consequences when introducing non-binary gender categories, or, conversely, no longer registering gender for various purposes.

The report provides some stance into how non-binary gender registration models affect the human rights, the well-being and social acceptance of non-binary persons. Yet, in order to obtain further conclusive knowledge regarding this topic, more far-reaching qualitative research is necessary.

Since this report serves as a background study for the development of its own policy regarding non-binary gender registration models by ILGA-Europe, it concentrates on possible developments in member states of the Council of Europe (CoE). Nonetheless, it also discusses examples from other regions in order to determine possible best practices and lessons-learned for the European framework.

See also

Blog

Progress in Legal Gender Recognition measures is slow, Council of Europe report says

Depathologisation, family rights and access to legal gender recognition for minors are among the key steps that national governments must take to advance the rights of trans people, according to a new Council of Europe report.
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Blog

Right now, just three European countries recognise non-binary identities, but others are pushing forward

M/F/X/Other:Do you know what non-binary gender markers can be registered today in Europe? To mark International Non-Binary People’s Day, we commend the countries that have introduced the registration of gender markers other than male or female, who using no gender markers at all in their official documentation, and those who are working to adapt their systems to recognise non-binary identities in the near future.
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Podcast

Rainbow Family Rights in Europe – Part 5: The Rights of Trans Parents and their Children

In March 2021, Transgender Europe (TGEU) published the report, “Stuck on the swing: experiences of trans parents with freedom of movement in the EU”, in […]
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News

Hungarian Constitutional Court has annulled new rules prohibiting legal gender recognition

The Hungarian Constitutional Court has annulled the provision of the Registry Procedure Act introduced by Section 33, which contained that the new rules prohibiting legal gender recognition shall also be applied to ongoing proceedings. 
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News

International Women’s Day 2021: ILGA-Europe statement on gender

We live in a world that is firmly based on a binary construction of gender, leading to structural oppression and discrimination of women in all […]
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Press Release

LGBTI rights groups welcome judgement finding Romania in violation of the European Convention on Human Rights because of a lack of proper legal framework for legal gender recognition

Romania has been found to be in violation of the European Convention on Human Rights because its authorities present transgender people with an impossible dilemma. 
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Blog

M/F/X/Other: 6 countries pushing for non-binary registration in Europe

At the end of September, we welcomed a step forward towards non-binary gender recognition in Greece. Do you know what non-binary genders can be registered in Europe? In this blog, we showcase five countries allowing the registration of gender markers other than male or female, or using no gender markers at all in their official documentation.
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Case Law

Y. v France

Recognition of non-binary identities. Submitted jointly by ILGA-Europe, OII Europe, and C.I.A. (Collectif intersexes et allié-e-s).
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News

Joint statement calling on the Parliament of Kazakhstan to protect trans people’s rights to health and legal gender recognition

TGEU, ILGA-Europe, and IGLYO, the three largest networks of LGBTI and trans organisations working in Europe and Central Asia, are calling on the Parliament of Kazakhstan to remove the age limit from their proposed amendment No. 539 to the draft “Code on the health of the people and the healthcare system”.
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News

Response to Hungarian Prime Minister Viktor Orbán regarding to Article 33 of the proposed Omnibus Bill, 2020

In response to Hungarian Prime Minister Viktor Orbán letter dated 5 May 2020, regarding to Article 33 of the proposed Omnibus Bill, 2020.
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News

Letter to Hungarian Prime Minister Viktor Orbán: in regards to Article 33 of the proposed Omnibus Bill, 2020

In our continued call for the Hungarian government to stop the attack on legal gender recognition, we have sent a joint letter with OII-Europe and TGEU. In the letter, we list the international calls to #Drop33 of a legislative omnibus bill–which would deny access to legal gender recognition in the country–including from the COE Commissioner for Human Rights and an admonition from the UN High Commissioner for Human Rights.
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Press Release

#Drop33: Europe’s Two Largest Networks of LGBTI and Transgender Organisations call on Hungarian Parliament to Reject Attempts to Ban Legal Gender Recognition

ILGA-Europe and Transgender Europe, the two largest networks of LGBTI and trans organisations in Europe and Central Asia, representing over 800 organisations and groups across the region collectively, are calling on the Hungarian Parliament and the Justice Committee of the Parliament to drop Article 33 of a legislative omnibus bill, which would deny access to legal gender recognition in the country.
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Report

Briefing note: LGBTI-inclusive Gender Equality work

It is a pivotal moment in Europe, and beyond, when it comes to discussions of gender and gender equality. With the European Commission’s next Gender […]
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Case Law

O.H. and G.H. against Germany 

Legal gender recognition
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News

Monumental shift in global health for trans and gender diverse people

Today, after nearly a decade of efforts from trans and gender diverse activists and organisations, and their allies, the World Health Assembly approved the newest update to the […]
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Case Law

A.D. against Georgia and A.K. against Georgia

Gender reassignment treatment required prior to LGR
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News

Swiss Senate votes to improve protection on grounds of sexual orientation but not gender identity

On 28 November 2018, the swiss Senate of voted to criminalise hate speech and discrimination on grounds of sexual orientation, but refused to do the […]
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News

A missed opportunity to recognise self-determination in Germany

On 15 August, the Federal Government of germany adopted a draft bill on a third gender option. This bill is a missed opportunity to recognise […]
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Case Law

X. against Romania and Y. against Romania

Legal gender recognition 
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Case Law

R.L. against Russia and P.O. against Russia

Restricted access to LGR
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Case Law

Solmaz v. Turkey

Discrimination on the ground of gender identity
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Case Law

P. v. Ukraine

Intersex (Legal gender recognition)
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Case Law

Rana v. Hungary

Change of name and gender of Iranian refugee
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Case Law

X. v. Russia

Name change request by transgender woman
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Case Law

Y.P. v. Russia

LGR, civil status and birth certificate
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Case Law

X. v. the FYR of Macedonia

X. v. the FYR of Macedonia
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Case Law

A.P. v. France, Garçon v. France, and Nicot v. France

Legal gender recognition
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Case Law

G.G. v. Turkey

Transgender rights in prison
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Policy Paper

Public consultation on measures for improving the recognition of prescriptions issued in another Member State

ILGA-Europe and Transgender Europe jointly submitted input for a public consultation on measures for improving the recognition of prescriptions issued in another European Union Member […]
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Report

Human Rights and Gender Identity: Best Practice Catalogue

Human Rights and Gender Identity: Best Practice Catalogue is a civil society follow-up to the pioneering work of the Council of Europe Commissioner for Human […]
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