Colombian Court urges the Government to include non-binary gender in identification documents

The Constitutional Court of Colombia urged this Monday, March 1, the Registry to include, within a maximum period of six months, the non-binary gender in the identification documents when resolving a guardianship action (recurso de amparo) of a person who is not identified with her gender.

In the ruling, the high court urged the Government and the Registrar to “include the ‘non-binary’ category among the sex markers in the citizen identification scheme.”

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He also ordered them to, “Together, they have everything necessary for the implementation of this identification scheme, so that non-binary people who meet the other requirements in relation to the correction of the sex component, can opt for that category, with the same guarantees of those who officially identify themselves in binary form”.

If at the end of the six months the Government and the Registry have not complied in regulating this, “people with non-binary gender identities who meet the other requirements for correcting the sex component may change the gender assignment before the competent authorities. binary on their identity documents.”

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The Constitutional Court also ordered Congress to regulate the rights, services and obligations “that find in sex or gender, an allocation criterion” to specify the conditions under which non-binary people can access them.

The high court highlighted that the configuration of a new gender marker in the identification document “is an initial step towards effective social participation and that it demands transcending formal recognition, to the provision of rights, services and obligations that correspond to its be”.

This is because “the State has not infrequently adopted gender as a criterion for differentiating access to services and benefits.” (I)