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German constitutional court Uli Deck DPA/PA Images

Germany's top court rules that a 'third gender' can be recognised from birth

The ruling has been hailed as “historic”.

GERMANY’S TOP COURT has ordered parliament to recognise a “third gender” from birth, potentially making it the first European country to offer intersex people the option of identifying as something other than male or female.

The ruling, hailed as “historic” by Germany’s Federal Anti-Discrimination Agency, marks a major shake-up for gender policies in Europe’s biggest economy just a month after same-sex marriage was legalised.

Current regulations on civil status are discriminatory against intersex people, the Federal Constitutional Court said, noting that the sexual identity of an individual is protected as a basic right.

Legislators must by the end of 2018 pass a new regulation to offer a third gender option in birth registers, the court added, ruling in favour of an appeal brought by an intersex person.

In the meantime, courts and state authorities should no longer compel intersex people to choose between identifying as male or female, said the top court.

The plaintiff had brought the appeal after several lower courts had ruled against a bid to introduce the gender options “inter” or “various” in the birth register.

The intersex person was registered as female, but a chromosome analysis found the plaintiff to be neither male nor female.

Intersex is a broad term encompassing people who have sex traits, such as genitals or chromosomes, that do not entirely fit with a typical binary notion of male and female.

So intersex people would have features that are neither wholly female nor wholly male, or a combination or neither.

Berlin pledged to follow through with the ruling, with interior ministry spokesman Johannes Dimroth saying that the government “stands ready to implement it”.

The Federal Anti-Discrimination Agency called the court ruling a “historic decision for intersex people” and urged lawmakers to “carry out a comprehensive reform of current legislation towards a modern gender identity law.”

‘Small revolution’

The agency’s call was echoed by the pressure group German Institute for Human Rights which said parliament should overhaul current rules to “improve legal protection and recognition of the diversity of physical gender developments, gender identities and gender expression”.

Welcoming the ruling, activist group Third Option said on Twitter that it was “completely overwhelmed and speechless. That’s a small revolution in the gender area.”

Under current rules, Germany allows babies born with characteristics of both sexes to leave the gender options of male and female blank.

The existing law is intended to remove pressure on parents to quickly make a decision about controversial sex assignment surgeries for newborns, but many advocates say it does not go far enough.

Today’s court ruling therefore takes a big step forward, by requiring a new gender option from birth.

According to the United Nations, between 0.05 and 1.7% of the global population is intersex — about the same percentage that have red hair.

Sometimes this is apparent at birth, at other times it becomes noticeable in puberty.

People who identify as intersex are recognised on official documents in some countries, including Australia, India, New Zealand and Nepal.

Belgian runway model Hanne Gaby Odiele significantly raised awareness of neutral gender issues earlier this year by publicly revealing that she is intersex.

New York, America’s largest and one of its most liberal cities, last year issued the first US birth certificate marked “intersex”.

But in May, France rejected “neutral sex” on official documents, with its highest appeals court ruling against a request by a person born with neither a penis nor vagina.

© – AFP, 2017

Read: A transgender politician beat ‘Virginia’s chief homophobe’ to a state seat for the Democrats

Read: Johnson wants to clarify remarks he made that ‘jeopardised’ woman jailed in Iran

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    Mute Thomas Harrington
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    Apr 20th 2021, 7:51 PM

    1) Cops only go after the easy stops
    2) students need to grow a pair

    165
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    Mute Big Smokey
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    Apr 20th 2021, 8:12 PM

    @Thomas Harrington: honestly have never seen students complaining. Only people complaining about students.

    Also I don’t see how it’s acceptable to say “grow a pair” when students are getting regular fines of €75 when they don’t have any income.

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    Mute Brian Lyons
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    Apr 20th 2021, 8:46 PM

    @Thomas Harrington: if they only go after the easy stops who is filling the jail’s with the terrorists, murderers, organised gangs ?

    69
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    Mute Pat Casey
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    Apr 20th 2021, 8:04 PM

    If those little scrotes weren’t having house parties and super spreader get togethers they would have no problems with the guards.

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    Mute Lily Martin
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    Apr 20th 2021, 9:29 PM

    @Pat Casey: maybe read the article

    46
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    Mute seangolden1978
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    Apr 20th 2021, 7:52 PM

    Policing Authority trying to justify their existence again. I can understand the role of GSOC but the policing authority seems like a complete waste of time

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    Mute O Hiongardail Collie
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    Apr 20th 2021, 8:13 PM

    The policing authority…… They don’t want body cams because that would be spying on the community says it all really

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    Mute Diarmuid O'Braonáin
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    Apr 20th 2021, 8:08 PM

    “People should not be afraid of their government, government should be afraid of their people”

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    Mute merely ed
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    Apr 21st 2021, 12:35 AM

    @Diarmuid O’Braonáin: they are… thats why we have the police. You don’t think they’re there for us, do you?!

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    Mute plug
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    Apr 20th 2021, 7:58 PM

    low hanging fruit is always the tastiest.

    77
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    Mute Garreth mc mahon
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    Apr 20th 2021, 8:00 PM

    @plug: depends on who’s plums you’re tasting

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    Mute merely ed
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    Apr 21st 2021, 12:31 AM

    @plug: True that… sure most garda never even see an actual criminal. It goes…
    Order of engagement:
    Drug users (non supply)
    Low level drug mules/ growers
    Students
    Road users
    Actual criminals (low level)
    White collar
    Government corruption
    Other police (usually abusive partners… although realistically this would be much further down)

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    Mute Darren Carroll
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    Apr 20th 2021, 8:34 PM

    And yet no fines for people attending golfgate

    71
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    Mute OnlyHereForTheComments
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    Apr 21st 2021, 12:14 AM

    @Darren Carroll: bit difficult since fines for breaching travel restrictions only came into effect in January 2021, but hey! Whataboutery, am I right?!

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    Mute merely ed
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    Apr 21st 2021, 12:37 AM

    @OnlyHereForTheComments: well you’re certainly leaning that way…

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    Mute larry bird
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    Apr 20th 2021, 9:34 PM

    if students behaved they wouldn’t have this issue.

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    Mute Jæ Zucula
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    Apr 20th 2021, 10:13 PM

    @larry bird: and for you! What about read the article? I promise you won’t take that long.

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    Mute Honeybee
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    Apr 20th 2021, 10:51 PM

    I do have sympathy for students as depicted in the article and yes the pandemic has introduced a changed interface between the gardai and the public. Some gardai behave in an authoritarian manner arising out of new powers the government sanctioned , for a people who have always known policing by consent, this change in attitude is difficult to take on board, it will be good when sanctions are withdrawn and policing returns to normal, no more heavy handed rules and interrogation of people just trying to live their lives.

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    Mute Tomo
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    Apr 21st 2021, 9:10 AM

    @Honeybee: The Gardai will always feel entitled to interrogate you at any checkpoint from this point onwards, regardless of the law. Sure, I was out walking once in the park a few years ago and they wanted to randomly search my bag, know all my details… I just asked “why?” and they responded “because we’ll arrest you if you don’t tell us”. Gardai are disgusting to deal with as a young person.

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    Mute Tomo
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    Apr 21st 2021, 9:06 AM

    Gardaí will only target those they can pick on. Older people can break the 5km all they like and have far fewer consequences. Students (within their 5km) have been fined so many times (anecdotally). It’s the same with drugs – they’ll pick on harmless people for smoking a joint and won’t go after real drug dealing criminals.

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    Mute Tomo
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    Apr 21st 2021, 9:15 AM

    I really don’t think Irish people fully understand the implications of all these restrictions, having the longest lockdown in the world, and having people in fear of arrest or fine just from seeing a police officer. These have long term consequences down the line. Just one example is, as mentioned in the article, if young people start seeing Gardai as the aggressor, they’re could end up not reporting crime to the Gardai.

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    Mute Mr T
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    Apr 21st 2021, 12:02 AM

    The Garda, not all, are incorrectly perceived as being desk jockeys who turn a blind eye to common dangerous misdemeanors such as cyclists with no lights on their bikes, cyclsts breaking red lights and less dangerous but, just as annoying, dog owners not being fined for not picking up their dog’s excrement (nothing quite beats walking in dog s%it and bringing it home on your shoes).

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    Mute Gavin Tobin
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    Apr 20th 2021, 10:22 PM

    As Alexei Sayle once said “I hate fooking students, even when I was a student I hated fooking students”

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    Mute Jæ Zucula
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    Apr 20th 2021, 10:18 PM

    So there you have! I’m not a student and i can tell that what written in this article doesn’t surprise me at all.
    Anyway, people refuse but the truth of since 2020 “End does justify the means”.

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