Written by Huseyin Ali KUDRET & Liliana GADDI
July 14th is International Non-Binary People’s Day. It was first observed in 2012 after its institution, and a specific date was suggested for the first time in a blog post by Katje van Loon. The reason behind the choice of this particular date is that it is right in between Women’s Day on March 8th and International Men’s Day on November 19th, reflecting the idea that non-binary people feel either in between the spectrum from male to female identity or simply outside of it. As Amnesty International advocates for the protection of the rights to life, freedom and safety of LGBTIQ+ people and these same rights are also protected by the 1948 Universal Declaration of Human Rights, we felt this was a perfect occasion to spread awareness on matters regarding non-binary people in particular.
Therefore, we interviewed Elias Tissandier-Nasom, a PhD candidate at Leiden University, whose research focuses on asylum law and protecting LGBTQ+ children’s rights. Transitioning from LGBTIQ+ activism to academia, Elias has extensively studied queer topics, particularly non-binary gender identities and legal recognition. Elias authored a thesis published in the University of Bologna Law Review, entitled ‘Effective Recognition and Protection of Non‐Binary Gender Identities in the Council of Europe Framework: A Critical Analysis of Third Gender Marker Options From a Human Rights Law Standpoint.’
In the following interview, we tackled different aspects relevant to the non-binary identity that came up during our conversation. We started by asking Elias to explain non-binary identity and how it relates to transgender identity. Then, we discussed the issue of binaries more in general and how they shape our dominant ways of perceiving the world. In fact, even within the LGBTIQ+ community, there is a struggle to find definitions of sexual orientations from a perspective that is outside of binarism. Next, we tackled the inclusion of gender markers, like the ‘X’, on official documents, as adopted by some European countries: are they actually useful in contrasting discrimination? Should we not go beyond gender markers altogether? Then, we discussed the relevance of language in the context of non-binarism, especially considering that some are easier to use in a neutral way than others. Ultimately, Elias concluded that effective communication matters and language has always evolved with the need for social change, which we already see happening in LGBTIQ+ communities. Lastly, we concluded our conversation by addressing the issue of stereotypes that are often faced by non-binary people when they are not perceived as such by others.
Challenging Misconceptions: Non-Binary Identities and Their Relation to Transness and Sexual Orientation
According to Elias, even though it is hard to define non-binary people briefly, they can be defined as those ‘who do not identify as male or female but rather as an in-between, a combination of both or neither.’ Similarly, Amnesty International explains that non-binary individuals have a gender identity beyond the traditional categories of male and female, serving as an umbrella term for various identities outside the gender binary. While some non-binary people may identify as trans, others do not.
Here, the first misconception might come to the place regarding whether non-binary people can describe themselves as trans or not. The term trans is described by many, including Amnesty International and ILGA Europe, as ‘a broad term that includes individuals whose gender identity or expression differs from the sex or gender they were assigned at birth.’ In this context, Elias pointed out an important issue that we all must keep in mind: ‘If we start dividing it differently, we fall into the trap of categorising trans people only as binary, and we quickly fall back into reproducing the same binary thinking. For instance, insisting that only trans people who undergo medical transition are truly trans introduces unnecessary pitfalls. Gender identity and expression are fluid.’ Therefore, even though self-identified gender is essential, it should not be confined to a binary opposition.
Even within LGBTIQ+ activism, definitions unfortunately continue to be made from a binary perspective. For instance, the definition of sexual orientation for gays, lesbians and bisexuals is defined as ‘sexual and/or emotional attraction to the same gender or more than one gender’, as it is also stated in authoritative international documents. (e.g. Yogyakarta Principles) Thus, a question arises: Should all these definitions be reconsidered/reviewed? Elias reflects on redefining these terms and says: ‘It is challenging to reconsider these definitions deeply rooted in binary frameworks. Sexual orientation historically aligns with assigned gender roles, shaping attraction expectations. The emphasis should shift towards inclusivity within communities, where non-binary individuals may still identify with terms like ‘gay’ or ‘lesbian’ due to meaningful connections, rather than strict definitions.’ Thus, Elias points out, ‘Ultimately, these concepts are about personal identity and how individuals feel and relate to others, rather than fitting into predetermined labels.’
Advancements and Needs: Is recognising non-binary identities through X gender markers progress?
Elias’ research sheds light on Europe's progress in recognising non-binary gender identities. For example, seven countries, including Austria, Belgium, Denmark, Germany, Iceland, Malta, and the Netherlands, introduced gender markers such as ‘X’, which was selected to represent ‘undeclared’ (p.141). Even though he/they acknowledges it to some extent progress, criticises in many aspects, including inappropriateness and non-inclusiveness (p.145-149). Elias believes gender markers should not be included on passports at all, arguing it is unnecessary and raises inclusivity issues. While some countries have introduced an ‘X’ option for non-binary identities, this single categorisation may not fully respect the diversity of non-binary experiences. They also highlight administrative challenges in accommodating a broad spectrum of identities on official documents. The current approach simplifies registration, eliminates marker changes during transitions, and allows societal and governmental control over identities. Ultimately, Elias contends there is no compelling reason for gender markers on passports or official documents. He/they further states:
‘I believe there is an urgent need for more comprehensive non-discrimination laws and actual protections for non-binary individuals. It is crucial to have specific non-discrimination protections explicitly mentioning non-binary individuals, even if existing laws are non-exhaustive and cover principles like those of the European Court of Human Rights. While these laws provide a foundation, having guidelines or documents from authoritative bodies can play an important role. Furthermore, proception should include making gender markers and name changes more accessible through administrative procedures. Ultimately, the goal should be to eliminate gender markers and the legal classification of gender altogether. Gender should not be a category in law; we have more reliable identity markers, such as biometric data, that do not require gender classification. Using a gender marker as a meaningful way of identifying persons leads to issues for persons who do not have a gender expression aligned to their gender marker and have a harder time proving their identity. However, removing gender markers would require significant changes in administrative systems, as many laws and systems are currently gendered. Governments need to take more proactive steps in this regard, as there has not been enough action so far. Additionally, there is a critical need for education, training, and widespread dissemination of information about non-binary identities and what they entail. This would contribute to greater understanding and acceptance within society.’
Does the Language Matter in terms of Using Pronouns?
Non-binary people might use gender-neutral pronouns such as they/them or a mix of gendered and neutral pronouns like they/he or she/they. However, ingrained binary pronouns like ‘he’ or ‘she’ can be used inadvertently. This is particularly true for individuals from countries where English is not the native language and where specific gender-neutral pronouns are not widely recognised, such as Turkey (where ‘o’ encompasses all genders, but this cannot be considered gender-neutral; for detailed research, See. Gender in a Genderless Language: The Case of Turkish). Due to later learned gendered pronouns, people may unintentionally use these pronouns. Of course, this does not justify the situation, and as emphasised by Amnesty International, respecting these pronouns is essential. This raises the question of whether language matters or not. Elias reflects on this question as follows:
‘Language plays a significant role, varying across languages. English can be neutral, but French, my native language, presents challenges due to its gendered structure. Yet, adaptation is possible; language evolves, as seen in France’s queer communities using alternative words for inclusivity. Language is a tool for communication, and adjusting it for inclusivity respects diverse identities without losing communication’s essence.’
Thus, it is important to find a kind way of asking for people’s pronouns instead of assigning them a gender or calling them by their identified names, which can be seen as an easy step.
Dealing with Stereotypes in Binary Society
The learned, imposed, and normalised binary gender society brings with it many stereotypes and, intentionally or unintentionally, discrimination and marginalisation. For instance, they are positioning non-binary individuals somewhere between binary genders. However, the initial definition of non-binary as a ‘combination of both or neither’ is often disregarded. This leads to the association that someone with facial hair is more ‘masculine’ and thus not ‘suitable,’ and someone more androgynous is deemed more ‘suitable’ to represent non-binary identities. Reflecting on their personal experiences, Elias highlighted the challenges non-binary individuals face regarding societal expectations and misconceptions. As they put it:
‘It is something I have experienced personally, too. There is this social expectation of how non-binary people should look—often androgynous, young, skinny, and white. If you do not fit that mould, people struggle to accept non-binary identities. Also, there is confusion between non-binary and binary transgender identities, which adds to the misunderstanding about gender expression versus identity. For instance, someone who appears masculine but identifies as non-binary might be mistaken for a trans man who has not medically transitioned. These misconceptions stem from a lack of widespread understanding of non-binary identities and the diversity of gender expressions within this community.’
When we ask about how to deal with these stereotypes, he/they points out:
‘People often assume I am cisgender, which is not true. Even without delving into my non-binary identity, I'm not cisgender, either. It is interesting how many people express surprise about my identity, saying things like, 'I would have never guessed you were trans.' I usually respond by pointing out that people likely have met trans individuals without realising it. Once you break down these concepts and show how they differ, it becomes easier for people to grasp that they are distinct and not as easily understood as they might think from media portrayals or hearsay.’
CONCLUSION
As we recognise the importance of underlining the issue of non-binary people and raising awareness about their concerns, it has been an honour to engage in conversation with Elias, for whom such matters are not only the subject of research but also lived experience. Talking about the personal, legal, social and linguistic dimensions of the non-binary identity has deeply enriched us authors.
Therefore, it is crucial to address the recognition and protection of non-binary identities as urgent issues. As Elias Tissandier-Nasom points out, existing legal frameworks and societal perceptions often do not adequately account for the fluidity and diversity of gender identities. To create a more inclusive society, it is important to enforce comprehensive non-discrimination laws that explicitly include non-binary persons, remove gender markers from official documents, and promote widespread education and awareness. By taking these steps, we can ensure that all individuals’ identities are respected and validated.
We hope that the relevance of this topic will similarly touch you and resonate with you not just today but in the future as well. Let us work together to advocate for these necessary changes and create a more inclusive world for everyone.
Happy Non-Binary Day!
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