International Rights

Q: Is the Netherlands required to introduce self-identification under international treaties?

No. The ECtHR and EU law require an effective procedure for recognition, but do not require the abolition of every form of assessment. The Court recognises states' discretion in designing the procedure and has so far imposed no obligation to move to self-identification. Binding on the Netherlands are the ECHR, EU law and the UN treaties it has ratified.

Q: What kind of organisation is ILGA-Europe, the creator of the Rainbow Map?

ILGA-Europe is a European advocacy organisation for LGBT rights that publishes the annual Rainbow Map. Its methodology is activist and not neutral: the ranking measures the extent to which self-identification and non-binary recognition are legally established. In Dutch media and policy, the Rainbow Map is sometimes presented as a human rights benchmark. Legally, it is not.

Q: Are the Yogyakarta Principles legally binding?

No. They were drawn up in 2006 by a group of human rights experts, supplemented in 2017 and ratified by no state. They therefore have no treaty status. Nevertheless, UN bodies and some judges cite them as an authoritative interpretation. Critics point out that the document advocates a normative expansion that has not been approved by states.

Q: Which countries are reviewing their healthcare model?

The United Kingdom, Sweden, Finland, Norway and Denmark, among others, have recently substantially modified gender-affirmative care for minors on the basis of scientific evaluations. These include the UK's 2024 Cass Review, Sweden's 2022 SBU report and Finland's 2020 COHERE guideline. In these countries, puberty blockers and cross-sex hormones for minors have been substantially restricted.

The Palais des Nations, the United Nations office in Geneva — Photo: Yann Forget, CC BY-SA 3.0, via Wikimedia Commons

At the international level, treaties, guidelines and resolutions exist that prohibit discrimination on the grounds of sex and, increasingly, gender identity. Their legal scope varies widely by instrument and region. Contrary to what is often suggested, there is no global consensus on recognising 'gender identity' as an independent legal category. This page provides an overview and highlights the fault lines.

European Convention on Human Rights (ECHR)

The European Court of Human Rights (ECtHR) has ruled in cases such as Goodwin v. United Kingdom (2002) and A.P., Garçon and Nicot v. France (2017) that Article 8 of the ECHR (respect for private life) requires states to provide transgender people with an effective procedure for recognising their new legal sex. At the same time, the Court has recognised states' 'margin of appreciation' in designing such procedures and has so far imposed no obligation to move to self-identification without any form of assessment. The individual judgments are listed under the European Court's transgender case law.

European Union

EU directives on equal treatment in employment (2000/78/EC) and on the grounds of sex (2006/54/EC) have been interpreted by the Court of Justice as applying to gender transition. The European Commission publishes reports on the position of LGBT people in the member states. ILGA-Europe publishes an annual Rainbow Map; it should be noted that this ranking uses an activist measure (the extent to which self-identification and non-binary recognition are legally established) and is not a neutral representation of human rights protection. How the organisation's annual overview is compiled is explained on genderbeleid.nl, in the article about ILGA-Europe's Annual Review as self-reporting. See also EU policy and transgender rights and the profile of ILGA-Europe.

Yogyakarta Principles

The Yogyakarta Principles (2006, supplemented in 2017) are a document drawn up by a group of human rights experts. They describe how, in their view, international human rights standards should be applied to sexual orientation and gender identity. The principles are not binding and do not have treaty status; no state has ratified them. Nevertheless, they are cited by UN bodies and some judges as an 'authoritative interpretation'. Critics, including within the UN system, point out that the document advocates a normative expansion that has not been approved by states.

UN Human Rights Council

Since 2011, the UN Human Rights Council has adopted several resolutions on violence and discrimination based on 'sexual orientation and gender identity' (SOGI). The mandate of the Independent Expert on SOGI has been extended several times, each time by narrow majorities and in the face of considerable opposition from African, Asian and Islamic member states. See UN resolutions on gender for details.

Differences between countries

The legal situation varies widely:

Self-identification introduced: Ireland (2015), Denmark (2014), Norway (2016), Belgium and Argentina. In several of these countries, the consequences — including for statistics, sport and sex-based facilities — are now being critically evaluated.
Healthcare model critically reviewed: United Kingdom (following the 2024 Cass Review), Sweden (2022 SBU report), Finland (2020 COHERE guideline), Norway and Denmark. In these countries, puberty blockers and cross-sex hormones for minors have been substantially restricted.
Self-identification withdrawn or not introduced: Scotland (Gender Recognition Reform Bill, blocked in 2023). The United Kingdom has a procedure involving an independent commission.
Limited legal recognition: Hungary, Romania, Russia and various countries in the Middle East, Africa and Asia. In some countries, transition is a criminal offence.

Council of Europe

The Parliamentary Assembly of the Council of Europe has adopted recommendations on the rights of transgender people (including Recommendation 2048, 2015). These are not binding. See Council of Europe and transgender rights.

Note

Activist rankings (Rainbow Map, ILGA-Europe) and the Yogyakarta Principles are sometimes presented in Dutch media and policy as human rights benchmarks. Legally, they are not. Binding on the Netherlands are the ECHR, EU law and the UN treaties it has ratified — and these leave states considerable freedom in designing sex registration systems and protecting sex-based facilities.

Is the Netherlands required to introduce self-identification under international treaties?

What kind of organisation is ILGA-Europe, the creator of the Rainbow Map?

Are the Yogyakarta Principles legally binding?

Which countries are reviewing their healthcare model?