OII Europe, IVIM-OII Germany, TGEU, and the German Trans* Association(Bundesvereinigung Trans*) welcome the ground-breaking judgement of the German Constitutional Court demanding a new regulation of sex registration.
In the judgement, the Court suggests to either introduce a third gender option besides “male” and “female” or to completely waive the registration. The Court clarified that the German constitution protects persons who do not identify as male or female or whose sex is not male or female. Current provisions of the German civil status law (PStG) violate this right by not offering a third option besides male or female gender entries.
The Court reasoned that the legislator has different options on how to eliminate the constitutional violations, such as waiving the mandatory entry of gender in registries, or offering a different option besides male or female.
OII Europe Co-Chair Dan Christian Ghattas, IVIM-OII Germany Co-Chair Ins A Kromminga, TGEU Executive Director Julia Ehrt, and René_ Hornstein, member of the BVT* executive committee comment:
“We welcome this ground-breaking judgement as a beacon of hope for anyone outside the norms of sex and gender in Germany and Europe. There are more than two genders and sexes. It is high time to recognise the rights of every person not identifying as exclusively male or female, regardless of their sex characteristics. These individuals are particularly vulnerable to violence, discrimination and inequalities in a system that only knows ‘male’ or ‘female’.”
The legislator should act swiftly now and overhaul an archaic system of registering something as personal and intimate as gender/sex. We welcome the Court’s suggested option to waive the mandatory gender entry completely. If a gender entry is needed at all, it should be voluntary and based on self-determination of the person.”