This International Non-Binary People’s Day, it’s time to name the gap clearly: while some countries are starting to legally recognise non‑binary people, most of Europe still fails to reflect that reality in the services and systems we all use.
As of 2025, around 100 million people in Europe live in countries that offer some form of non‑binary gender recognition – including Germany, Iceland, Malta, the Netherlands, and Denmark. But recognition on paper means little if services, systems, and everyday interactions remain binary. Europe needs to catch up, not just in law, but in infrastructure, public services, and daily life.
Legal recognition is not enough
Germany’s new Self‑Determination Act now allows people aged 14+ to choose a non‑binary marker (‘diverse’) or remove the gender marker from official documents; in Malta similarly anyone over 16 can adopt a non-binary gender marker based on self-determination. Iceland’s self‑determination law also includes an ‘X’ option. The Netherlands allows non‑binary markers under certain conditions. This is progress, but it’s still patchy, and it doesn’t automatically unlock inclusion in practice.
National policies are vital, but regional infrastructure must follow:
- Travel booking systems: Most airlines, railway companies, hotels and booking systems overall in Europe still require M/F markers. Some airlines have taken steps by offering ‘X’ or non‑binary titles in some regions. On the other hand, Ryanair is now being sued in Germany for lacking a gender‑neutral title option. Just this year, the Court of Justice of the EU ruled that mandating the collection of binary gendered salutations (e.g., Mr. or Ms.) by a French rail company violates European data protection law. It also ruled that communication does not necessarily have to be personalised based on a person’s title and should rather be based on generic, inclusive expressions when addressing customers.
- Banking and insurance systems frequently don’t recognise ‘X’ markers or allow gender-neutral options, creating bureaucratic hurdles or even denial of service.
- Public infrastructure, including the European Commission and Parliament buildings, often lacks gender-neutral toilets.
- Online platforms, from university forms to health apps, still default to binary gender fields.
These are just a few examples demonstrating how, even when legal recognition is granted, practical recognition lags far behind.
These gaps are exclusionary
When non‑binary people can’t book a flight without being misgendered, are forced to choose incorrect gender markers to open a bank account, or face questions at border control for having an ‘X’ on their passport that the system cannot read, that’s not an inconvenience. That’s structural exclusion and it creates a risk of human rights violation.
It leads to:
- Stress, exclusion, and constant micro-aggressions
- Legal limbo when documents don’t match digital forms or other physical documents
- Lack of safety in institutions that should be accessible to all
Europe, you need to catch up
Europe can and must lead by example by introducing region-wide standards for recognising ‘X’ markers in public systems and databases, mandating inclusive gender options on all platforms receiving public funding, ensuring public buildings and institutions provide gender-neutral facilities by default, train public servants and service providers in inclusive practices – so people aren’t met with confusion or resistance. Additionally, Europe can und research and data collection on non‑binary people’s access to services, so gaps can be addressed strategically.
Non‑binary people are here and they’re already legally recognised in parts of Europe. But rights don’t end with a passport update. We need systems, services, and societies that reflect the full spectrum of who we are. That’s what true inclusion looks like.
