Austria’s Constitutional Court Recognizes Non-Binary People as a Matter of Human Rights

In its landmark decision of 18 December 2025 (E 1297/2025), Austria’s Constitutional Court affirmed that the legal recognition of non-binary persons is a matter of human rights. Grounded in Article 8 of the European Convention on Human Rights, the Court held that gender identity constitutes a fundamental aspect of private life and must be determined by the individual, not imposed by the state. The ruling confirms the right of non-binary persons to obtain an appropriate gender designation or the complete deletion of gender entries from civil status records. Rejecting a restrictive biological definition of legal gender advanced by the Administrative Court, the Constitutional Court emphasized that any system of gender registration must be accurate, truthful, and respectful of personal identity. The decision represents a significant advancement in gender self-determination in Austria and reinforces constitutional standards protecting trans, intersex, and non-binary persons.