With FAIR_solution, the People analytics tool for diversity, equality and inclusion, INES Analytics has made it its mission to support companies in uncovering and reducing inequalities. In June 2024, INES Analytics introduced an update to coincide with Pride Month: FAIR_solution now additionally considers the diversity dimension diverse gender. This means that in addition to the categories "female" and "male", the option "diverse" can now also be selected in the gender diversity dimension. But what is actually behind the so-called "third option"?
Here are 5 facts:
Definition: For people who identify as neither "female" nor "male" (binary gender order), there is the gender entry "diverse" ("f/m/d"). This additional gender option, also known as the "third option", has already been officially recognized in some countries, including Germany, and can be entered on official documents (e.g. birth certificate).
Legal information: In Germany, the civil status "diverse" was legally recognized in October 2018 by a decision of the Federal Constitutional Court (1 BvR 2019/16). This was followed by an amendment to the German Civil Status Act (PStG), which came into force on January 1, 2019. In Section 22 (3) PStG and Section 45b PStG, the right is granted that either "none" or the indication "diverse" can be noted or subsequently changed in the register of births instead of the gender indications "female" or "male".
Third option is not the same as third gender: The "third option" should not be confused with a "third gender". The legal establishment of the "diverse" civil status officially recognizes that there are other gender identities in addition to the traditional genders of man and woman. This additional category offers people a way of identifying themselves that goes beyond the traditional male or female gender. It is an extension of the ways in which individuals can define themselves without having to limit themselves to the binary distinction of man or woman. See also, for example, Dritte Option (Friedrich-Ebert-Stiftung) and information on the 'third option' in the Personal Status Act (University of Bayreuth).
Social acceptance: According to census data from the Federal Statistical Office for the year 2022, around 1,259 people have so far not stated their gender, while 969 people have chosen the "third option" of diverse. Taken together (2,228), this corresponds to around 0.002693% of the total population (source: Zensus2022). One of the reasons for the low use of the "third option" to date is seen to be the hurdles that still exist, such as the mandatory proof of a "variant of gender development" by means of a medical certificate (Section 45b (3) PStG).
What is the situation in other countries? Worldwide, there are only a few countries that officially recognize gender entries other than "male" and "female" (see Frau - Mann - Divers: Die "dritte Option" (Federal Anti-Discrimination Agency)). Within the EU, however, Malta, Denmark, the Netherlands and Austria are among the pioneers alongside Germany who have introduced a further option (see Legal recognition of non-binary gender (Equaldex)).
Further information:
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