Recognition of the grounds of gender identity, gender expression and sex (intersex) at international, European and national levels

Find here a list of international documents that recognise the grounds of gender identity, gender expression and intersex status. The list has been gathered in September 2013.

United Nations

Organisation of American States

Council of Europe

  • Conventions
    • The Convention on Preventing and Combating Violence against Women and Domestic Violence expressly refers to the ground of gender identity in article 4(3) (non discrimination). In addition, the paragraph 53 of the explanatory report explicits the notion of ‘gender identity’ : “Certain groups of individuals may also experience discrimination on the basis of their gender identity, which in simple terms means that the gender they identify with is not in conformity with the sex assigned to them at birth. This includes categories of individuals such as transgender or transsexual persons, cross-dressers, transvestites and other groups of persons that do not correspond to what society has established as belonging to “male” or “female” categories”.

European Union

  • Directive on victims’ rights:
  • Asylum package:
    • Gender identity is expressly included in two directives :

National legislation (inside and outside Europe)

  • Anti-discrimination legislation:
    • Bosnia and Herzegovina, Croatia and Sweden refer expressly to gender identity and gender expression in their antidiscrimination legislation. A number of other European countries mention the ground of gender identity or equivalent grounds.
    • A new antidiscrimination legislation adopted in Australia in August 2013 prohibits discrimination on the grounds of sexual orientation, gender identity and “intersex status”. In addition, the Australian Government has adopted guidelines on legal gender recognition that clarify the difference between the grounds of ‘sex’ and of ‘gender’ and highlights the diversity within each category.
    • The State of California prohibits discrimination on the grounds of gender identity and gender expression in the areas of housing, employment, education, insurance, and public accommodations, since the entry into force of the Gender non discrimination act. More widely, non-discrimination legislation in the area of employment and housing covers sexual orientation and gender identity in 17 states + D.C. The grounds of sexual orientation and gender identity are protected in the area of insurance in 7 states + D.C.. More information.
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