R1: WE EXIST - A EU WIDE THIRD LEGAL GENDER MARKER

WE EXIST - A EU WIDE THIRD LEGAL GENDER MARKER

The Federation of Young European Greens proposes to introduce a third legal
gender marker within the European Union.

A third, non-binary legal gender option will be established alongside existing
gender markers across the European Union. Legal recognition should be based on
self-declaration, respecting the right to self-determination. This would give
individuals the opportunity to define their own gender.

A non-binary, third legal gender marker would guarantee the right to live
outside the binary division of man and woman. Everyone must have the right to be
recognized as their authentic self before the law. To achieve this goal,
relevant EU institutions and Member States should initiate legislative processes
to enable the adoption and harmonization of a non-binary legal gender marker and
ensure its consistent recognition across the Union.

1. Justifications

1.1 Right to Self-Determination and Equality

A non-binary legal gender marker would strengthen the self-determination and
equality of individuals belonging to gender minorities. It would make visible a
significant group of people who do not identify as either women or men. The
current binary system maintains a narrow understanding of gender and excludes
non-binary individuals. This leads to misgendering and increases discrimination
and social invisibility.

1.2 Legislation and International Context

Gender diversity is increasingly recognized within European legal frameworks
that prohibit discrimination based on gender identity and expression (European
Commission, 2020). Currently, public authorities, employers, and education
providers are expected to prevent discrimination and actively promote equality
(European Commission, 2020). Introducing a non-binary legal gender marker would
align Member States with broader EU principles of fundamental rights. While many
jurisdictions still limit legal recognition to a binary system, several EU
countries have already introduced a third marker, including Malta, Germany,
Austria, the Netherlands, and Denmark (Equaldex, 2026; Holzer, 2018). Expanding
this approach across the EU would promote consistency and equal treatment
between Member States.

In line with the General Data Protection Regulation (GDPR), individuals have the
right to accurate and up-to-date personal data in official records (Holzer,
2018). Hence for non-binary individuals the gender based data is not accurate
and up-to-date as the official records are not providing the X marker therefore
violating GDPR.

1.3 Well-being and Reduction of Discrimination

Heteronormative and binary gender norms contribute to minority stress and
increased risks of discrimination, violence, and mental health challenges for
gender-diverse individuals. A non-binary legal marker allows individuals to be
recognized as their authentic selves, which has been shown to significantly
improve well-being and health (European Commission, 2020). Many gender non-
conforming individuals report a sense of "at last being seen" and validated by
the state once they obtain legal recognition (European Commission, 2020).

1.4 Education, Authorities, and Services

Legal developments in gender recognition encourage increased awareness and
competence regarding gender diversity among healthcare providers, educators, and
social service professionals (European Commission, 2020). Updating statistical
systems and administrative practices to reflect diverse identities improves
service accessibility and strengthens trust in public institutions across the
European Union (European Commission, 2020; Holzer, 2018).

2.Recommendations Based on Malta’s Model

The Federation of Young European Greens therefore calls for the principles of
the Maltese model, a proposed EU-wide framework should include:

Sources