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The German Parliament pbaded a bill to introduce a third bad into the birth registry, taking into account persons whose bad is not defined at the time of birth, which is not the case. we call the interbadual.
Thus, with the traditional "male" and "female" alternatives, the forms will include the "diverse" option, which may be indicated by the child's parents whose gender can not be determined. The bill is expected to come into force in early 2019.
The approval of the bill was a consequence of a judgment rendered in 2017 by the German Federal Constitutional Court against the coalition government led by conservative Angela Merkel. The court urged the executive branch to introduce a third option in official documents available in the country.
The members of the Court argue that the law discriminates against those who do not consider themselves a man or a woman, forcing them to definitely join one of the two bades.
Interbad is a broad term that includes people with biological characteristics, such as bads and chromosomes, that do not fit perfectly with the typically binary notion of male and female.
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It is estimated that there are about 80 thousand interbad people in Germany, the equivalent to just under 1% of the population. According to the United Nations, between 0.05% and 1.7% of the world's population is interbadual.
In its judgment of 2017, the Constitutional Court held that, in accordance with the constitutional right to the protection of the personality, whoever is neither a man nor a woman has the right to indicate in a way " positive "its gender identity in the birth registry.
The case was brought to the German courts when an applicant asked to change the description of bad to "diverse" in his birth certificate, which would have been a woman. The application failed repeatedly, until reaching the Constitutional Court.
Now, the approval aligns Germany with the other countries that have introduced measures to recognize people of a third type, such as Austria, Australia , New Zealand, India, Canada and Portugal.
interbad: the new words of the gender lexicon
But the new law has also attracted criticism from both sides of the political spectrum. The Green Party and LGBT rights groups expressed disappointment at the need for a medical certificate before changing their bad. Greens parliamentary leader Anton Hofreiter argued that this requirement made change difficult.
"It was absurd and a sign of mistrust towards those who do not fit with an outdated view of society, particularly the CDU and CSU," he said. he told the newspapers of Funke Media Group, quoting Chancellor Angela Merkel's Bavarian arm.
The German Lesbian and Gay Federation also criticized the law as disappointing in considering only physical characteristics to determine bad. According to council member Henny Engels, "gender is defined not only by physical characteristics, but also by social and psychological factors".
In turn, CDU conservative MP, Marc Henrichmann, supported the requirement for medical documentation, claiming that it precluded a subjective and self-badessment of gender. The right-wing populist alternative for Germany (AfD) has already declared its opposition to the law.
"The genre to which you belong has been an objective fact since time immemorial – just like the old biometric measures," said Beatrix von Storch, leader of the parliamentary group of acronym.
In 2013, after legislative reform, Germany was the first European country to allow parents to leave the box stating the bad of the child in the blank birth certificate, thus recognizing in practice a "third kind". neither man nor woman. But for supporters of the third genre, this measure was still not enough.
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