JEF Finland demands that a third legal gender be introduced across the European Union to safeguard the rights of gender minorities in all member states. Introducing a third legal gender would recognise the diversity of gender more broadly and guarantee the realisation of EU citizens’ rights in accordance with fundamental and human rights treaties.
The European Union is founded on the values of freedom, equality and respect for human rights, which guide the Union’s legislation and the actions of every member state, including with regard to minority rights. The Commission brought a case against Hungary’s laws restricting LGBTQ+ content precisely on the grounds that a member state may not enact laws that violate the EU’s fundamental values. The same principle should apply to the recognition of gender minorities: when a member state fails to recognise the diversity of gender, it also fails to recognise the vulnerable position associated with it, which fundamental values oblige us to protect.
Despite this, member states interpret the treaties’ obligation of equal treatment in different ways. The EU does not require identity documents to include a gender marker, and only a few member states have introduced a third legal gender. In Finland, the introduction of a non-binary gender marker is still only in preparation, after the “Olemme olemassa” citizens’ initiative reached Parliament in March.
Beyond the fact that a third legal gender would strengthen the realisation of the fundamental and human rights of non-binary and intersex people and reduce discrimination based on gender identity, it is also essential for guaranteeing a fundamental right of every EU citizen: free movement. The Union’s passport cannot be considered uniform when the information entered into it varies from one member state to another. The current system creates situations of conflict, for example when travelling within the Schengen area or seeking healthcare.
The shortcoming is not merely administrative but also a matter of safety. According to a survey conducted by the EU Agency for Fundamental Rights (FRA), one in three intersex people has experienced violence in the past year. The figure has risen by more than 10 percentage points since 2019 and is clearly higher than among other sexual and gender minorities. This is no coincidence: the growing anti-gender movement and hate speech deliberately seek to silence minorities and their supporters, and the lack of legal recognition makes that easier.
A third legal gender is not a symbolic or ideological gesture but a means of securing the realisation of EU citizens’ fundamental rights. The right to be recognised as a person of one’s own gender must not depend on one’s home country, election results or opinions. The Union must ensure that the rights of every EU citizen are realised in all member states, regardless of who they are.
Further information:
Pieta Päivänen, President
