Smash the binary? States’ Gender Diversity Recognition versus Gender Backlash

For several years, legal orders tend to adapt their gender registration system to gender nonconformity. Some states, such as Belgium or Argentina, are progressively recognizing non-binary gender identities to promote the right to self-identification. However, some of them stick to a registration system strictly limited to sexual binarism. Thus, despite the impulse of human rights law in favour of a more inclusive law for sexual and gender minorities, few states strongly refuse to adapt their legal system. What are the reasons brought by judges to refuse the legal recognition of a neutral or non-gendered identity? How this question differs from the recognition of sex change procedures for trans persons? Should the human rights bodies, such as the European Court of Human Rights, go further and oblige the recognition of non-binary identities? This paper will therefore analyze the contrasted evolution regarding non-binary identities throughout several jurisdictions.