Current Version
Region | France |
Issue | Legal recognition of non-binary gender |
Status | Not legally recognized |
Start Date | Mar 2016 |
End Date | (none) |
Description | Non-binary gender is not available. In 2023, the European Court of Human Rights decided in the judgment "Y. v. France" (2023) on the legal recognition of the gender of an intersex person. Specifically, on the case of a person who had been refused by French authorities the possibility to modify their gender marker to reflect the term "neutral" or "intersex". The ECHR rejected that such a decision was in breach of the European Convention on Human Rights, stating that, given the relevance of such a change to the otherwise binary French legal system, it was for the French state itself to reform its legislation beforehand. However, it acknowledged that future developments in Council of Europe member states could change its interpretation. A court ruled in August 2015 that an intersex plaintiff who was designated male at birth, could use the term “neutral gender” on personal official documents. This decision was overturned by a French appeals court. |
Sources | https://database.ilga.org/france-lgbti https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender https://slate.com/human-interest/2015/10/frances-new-third-gender-is-just-as-narrow-as-the-first-two.html https://nonbinary.wiki/wiki/Gender_recognition |
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Revision History (7)
edited by Notdog1996. Fixing start date
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edited by Notdog1996. Fixing start date
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Start Date | (unknown) | Mar 2016 |
Old Value | New Value | |
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Value | (REMOVED) | Not legally recognized |
Special Status | Ambiguous | (REMOVED) |
Start Date | Aug 2015 | (unknown) |
Description | A court ruled in August 2015 that an intersex plaintiff who was designated male at birth, could use the term “neutral gender” on personal official documents. But “it would require recognising, in the guise of a simple rectification of his personal records, the existence of another sexual category.” | Non-binary gender is not available. In 2023, the European Court of Human Rights decided in the judgment "Y. v. France" (2023) on the legal recognition of the gender of an intersex person. Specifically, on the case of a person who had been refused by French authorities the possibility to modify their gender marker to reflect the term "neutral" or "intersex". The ECHR rejected that such a decision was in breach of the European Convention on Human Rights, stating that, given the relevance of such a change to the otherwise binary French legal system, it was for the French state itself to reform its legislation beforehand. However, it acknowledged that future developments in Council of Europe member states could change its interpretation. A court ruled in August 2015 that an intersex plaintiff who was designated male at birth, could use the term “neutral gender” on personal official documents. This decision was overturned by a French appeals court. |
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Sources | https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender https://slate.com/human-interest/2015/10/frances-new-third-gender-is-just-as-narrow-as-the-first-two.html https://nonbinary.wiki/wiki/Gender_recognition | https://database.ilga.org/france-lgbti https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender https://slate.com/human-interest/2015/10/frances-new-third-gender-is-just-as-narrow-as-the-first-two.html https://nonbinary.wiki/wiki/Gender_recognition |
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Old Value | New Value | |
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Value | Not legally recognized | (REMOVED) |
Special Status | (REMOVED) | Ambiguous |
Start Date | Mar 2016 | Aug 2015 |
Description | The Orleans appeals court overturned the previous decision of the lower court. | A court ruled in August 2015 that an intersex plaintiff who was designated male at birth, could use the term “neutral gender” on personal official documents. But “it would require recognising, in the guise of a simple rectification of his personal records, the existence of another sexual category.” |
Show Difference | ||
Sources | https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender | https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender https://slate.com/human-interest/2015/10/frances-new-third-gender-is-just-as-narrow-as-the-first-two.html https://nonbinary.wiki/wiki/Gender_recognition |
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Old Value (Original) | New Value | |
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Start Date | (unknown) | Mar 2016 |
Description | In 2015 a court in Tours ruled in favour of an intersex plaintiff who sought to have a third gender legally recognised. However, in 2016 the Orleans appeals court overturned the decision. | The Orleans appeals court overturned the previous decision of the lower court. |
Show Difference | ||
Sources | https://slate.com/human-interest/2015/10/frances-new-third-gender-is-just-as-narrow-as-the-first-two.html https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender | https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender |
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Reports (1)
- Status is not correct
Original entry | |
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Status | Not legally recognized |
Start Date | (unknown) |
End Date | (none) |
Description | In 2015 a court in Tours ruled in favour of an intersex plaintiff who sought to have a third gender legally recognised. However, in 2016 the Orleans appeals court overturned the decision. |
Sources | https://slate.com/human-interest/2015/10/frances-new-third-gender-is-just-as-narrow-as-the-first-two.html https://www.theguardian.com/world/2016/mar/23/french-appeals-court-refuses-to-recognise-third-gender |