Non-binary identities in Spanish law

international and internal aspects

Abstract

The introduction of a third option in the gender marker for registered individuals is already a reality in several foreign legal systems, both in our region and elsewhere. Some Spanish legal provisions also contemplate this possibility at the administrative level. It is not expressly provided for, however, in state civil and registry legislation, but an analysis of the international and national human rights framework obliges the legislator to provide for this possibility; and in the meantime, registry authorities should accept any request to rectify the registered entry of “legal sex” to the third marker based on a direct application of current human rights standards. This is especially true considering that in certain international situations, enabling the third marker is mandatory in compliance with private international law (PIL) rules and in accordance with the case law of the Court of Justice of the European Union (CJEU).