Anniversary of the positive gender entry "diverse"
On 01.01.2019, the option "diverse" was added to the birth register alongside "male", "female" and an open gender entry.
This "third option" gives people who are neither male nor female the right to exist beyond the binary gender order. According to a ruling by the Federal Constitutional Court (2017), they are entitled to the option of a positive gender entry. This decision was preceded by a long legal and activist process, which was initiated by Vanja in 2013 and supported by the "Dritte Option" campaign, among others (Sternberg, 2017; Dritte Option).
The "Act Amending the Personal Status Act" (German: “Gesetz zur Änderung des Personenstandsgesetzes”) was passed in December 2018 (BGBl. I page 2635). It has an impact on many areas such as employment law and protection against discrimination under the General Equal Treatment Act (ADS 2020). Numerous other laws need to be amended (Dutta & Fornasier, 2020). At the same time, the Civil Status Act is not yet realizing its full potential to allow all diverse people to decide on their gender entry in a self-determined manner. For example, people still have to present a medical certificate when applying for gender registration.
Today is a reminder of a step in the right direction, but should also be seen as a call to continue to be active for the rights of inter*, trans*, non-binary and diverse people.
Further information on the topic
- Federal Conference of Women's and Equal Opportunities Officers at Universities and University Hospitals (2023): "Statement on the law on self-determination with regard to gender entry (SBGG)" (in German)
- Federal Anti-Discrimination Agency: "Woman - Man - Divers: The 'Third Option' and the General Equal Treatment Act (AGG)" (in German)
Last updated: 20.12.2023
Sources
Anti-Discrimination Agency (ADS, 2020): Man - Woman - Divers: The "Third Option" and the General Equal Treatment Act, 08.04.2019. Last accessed on 20.12.2023.
Federal Law Gazette I page 2635. Last accessed on 20.12.2023.
Third option: What, why, how?. Last accessed on20.12.2023.
Dutta, Anatol & Matteo Fornasier (2020): Beyond Male and Female - People with Variant Gender Development in Federal Labor Law and Civil Service Law. Ed. by the Federal Anti-Discrimination Agency. Last accessed on 20.12.2023.
Sternberg, Jan (2017): "Vanja may now be inter." In: rnd.de, 08.11.2017. Last accessed on 20.12.2023.