New York Times, November 9, 2017
Melissa Bennett and Jessica Eddy

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BERLIN — Germany must create a third gender category for people who do not identify as either male or female or were born with ambiguous sexual traits, the country’s constitutional court ruled on Wednesday, finding that binary gender designations violated the right to privacy.

In 2013, Germany became the first European country to allow parents to register newborns as neither female nor male, if the child was born with characteristics of both sexes.

The new decision, by the Federal Constitutional Court, goes further, giving lawmakers until the end of 2018 to either allow the introduction of a third gender category or dispense with gender altogether in public documents.

The ruling arrives as society, medicine and law increasingly recognize the ways in which gender is socially constructed and not necessarily fixed or stable. [...]

human rights international judicial opinions lgbtq privacy regulation