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The German parliament on Thursday approved a bill to introduce a third bad into the birth registry, taking into account people whose bad is not defined at the time of birth, what is the number of births. 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 resulted from a court decision issued in 2017 by the German Federal Constitutional Court against the coalition government led by curator 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 allege that the law discriminated against those who did not consider themselves men or women, forcing them to definitively join one of the two bades.
The term interbadual is a broad term that includes people with biological characteristics such as bads and chromosomes that do not completely correspond to the typically binary notion of the man and the woman. Sometimes it is apparent at the time of birth, in others, it manifests itself at puberty.
It is estimated that there are about 80,000 interbaduals in Germany, 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.
At present, the approval aligns Germany with other countries that have adopted measures to recognize people of a third type, such as Austria, the United States. Australia, New Zealand, India, Canada and Portugal.
But the new law has also sparked 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 vision of society, particularly the CDU and the CSU," he said. he told Funke Media Group, citing Chancellor Angela Merkel's party and his Bavarian arm.
The German Lesbian and Gay Federation also criticized the law, saying it was disappointing to consider only physical characteristics in determining bad. According to council member Henny Engels, "gender is defined not only by physical characteristics, but also by social and psychological factors".
On the other hand, conservative MP from the CDU, Marc Henrichmann, supported the requirement of medical documentation, arguing 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 the acronym.
In 2013, as a result of a legislative reform, Germany was the first European country to allow parents to leave the box indicating the bad of the child in the country. birth certificate, thereby 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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