Rights in the Netherlands

Since the Transgender Act of 2014 (source), the Netherlands has had a procedure for changing the sex registration in the birth certificate, and the General Equal Treatment Act protects transgender people. In addition, there are provisions based on sex, such as women’s shelters and women’s sport. Tension arises between these two frameworks. This page describes both and shows where the Dutch debate has so far remained superficial.

Equal treatment

The General Equal Treatment Act (AWGB) prohibits discrimination on the grounds of sex in employment, education and the provision of goods and services. Under Article 1, paragraph 2, discrimination on the grounds of sex includes discrimination on the grounds of sex characteristics, gender identity and gender expression.

The Netherlands Institute for Human Rights

The Netherlands Institute for Human Rights handles complaints about discrimination and issues rulings on them.

Sex registration

Anyone aged sixteen or older who is convinced that they belong to the other sex than the one stated in the birth certificate can declare the change to the civil registrar. This must be accompanied by a statement from a designated expert, issued no more than six months before the declaration (Articles 1:28 and 1:28a of the Dutch Civil Code). Bill 35825, which sought to change the conditions for this change, was declared controversial by the House of Representatives on 12 September 2023 and was withdrawn by letter of 13 January 2026 from the State Secretary for Justice and Security (source). See Changing sex registration and The Dutch Transgender Act.

Healthcare rights

A significant part of the costs of the transition pathway for transgender people, such as diagnostics, psychosocial support, hormone treatment and gender-affirming surgery, falls under the entitlement of the Health Insurance Act (source); see health insurance and gender-affirming care. According to the Health Council of the Netherlands, Dutch care for young people is characterised by a step-by-step approach with an extensive exploratory phase; somatic treatment follows only after the diagnostic phase has been completed (source). In the United Kingdom, the NHS stopped routinely prescribing puberty blockers to minors in March 2024 (source), and the Health Council writes that puberty blockers and hormones are now available in England only in a research setting, and in Sweden in a research setting or in exceptional cases. The Norwegian investigation board Ukom advised in March 2023 that puberty blockers and hormonal and surgical treatment of minors be classified as experimental treatment (source). See Cass Review and Dutch Protocol.

Tension between gender rights and sex-based rights

Bill 35825 raised questions about sex-based provisions. In the internet consultation and in the report of the House of Representatives, citizens and organisations expressed concerns about access to women’s prisons, shelters for victims of domestic violence, changing rooms, sanitary facilities and sports competitions (source). The government replied that it saw no connection between misuse of women’s facilities and changing the birth certificate, that the proposal changed nothing about placement in detention, shelters and sport, and that the Custodial Institutions Agency (DJI), the COA and the women’s shelters knew of no cases of abuse (source). Specific areas of tension:

• Women’s sport: according to a 2021 review article, the performance gap between men and women from puberty onwards is often 10 to 50 percent depending on the sport, and muscle mass and strength decrease by about 5 percent after twelve months of testosterone suppression in trans women (source). The swimming federation FINA, now World Aquatics, ruled as of 20 June 2022 that trans women may compete in the women’s category only if they have not undergone any part of male puberty beyond Tanner stage 2 or before the age of twelve, whichever is later (source).
• Medical care and screening: according to a leaflet from Bevolkingsonderzoek Nederland (the Dutch population screening organisation), everyone with a uterus aged 30 to 60 qualifies for the cervical cancer screening programme; anyone registered as ‘m’ or ‘o/x’ does not receive an automatic invitation and can register themselves (source).

On 16 April 2025, the UK Supreme Court ruled that ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex; trans people remain protected against discrimination on the grounds of gender reassignment (source). See the ruling in For Women Scotland. More about these areas of tension can be found at women’s shelters and safety, gender and prisons and gender and sport. The legal basis for single-sex spaces is set out on vrouwenruimtes.nl, on the page about the legal framework.

Non-binary registration

Article 1:28 of the Dutch Civil Code assumes a change to ‘the other sex’ than the one stated in the birth certificate and provides no separate procedure for a third registration. Only if the sex of a newborn is doubtful does the birth certificate state that the sex could not be determined (Article 1:19d of the Dutch Civil Code). An ‘X’ in the Dutch passport follows from the designation ‘o’ (unknown) in the BRP; the BRP itself has no ‘x’ (source). According to this site, there are two biological sexes; see how many genders there are. According to this site, a non-binary identity is a social category, not a biological one.

International comparison

In June 2026, the Health Council of the Netherlands saw no reason to change care for young people in the Netherlands, while puberty blockers and hormones in England and Sweden are now available only in a research setting or in exceptional cases (source). See International rights.