Denial of the non-binary genderidentity by the State is unlawful

Senn van Beek has sent the Dutch State a letter of demand for the violation of their right to private life and unequal treatment. Senn is non-binary. They don't identify as male or female. In the Netherlands, there is no procedure to have an "X" registered as a gender, because the non-binary genderidentity is not recognized under Dutch civil law. Several Dutch courts have already identified the gap in the law in violation of the right to private life as protected by article 8 of the European Convention on Human Rights, and urged the legislature to address it. So far however, the legislator has not taken any action. Dutch courts have consequently found a creative way to apply the law to effectuate the registration of an 'X', but official legal recognition and an efffective and accessible route does not exist for non-binary people.

The denial of the non-binary genderidentity goes to the heart of Senns personal life: it is one of the most fundamental aspects of who you are as a person and the way you choose to live your life. Therefore, on the basis of article 8 of the European Convention on Human Rights, the State has a positive obligation to provide Senn with an effective and accessible procedure through which they can establish their genderidentity. Moreover, the State may not distinguish between binary and non binary people. Non binary people should be allowed to access the same procedure to change their genderidentity. 

Senn van Beek is represented by Elles ten Vergert.