A choice between “Mr.” or “Ms.” is not enough and violates the personal rights of persons of non-binary sex. Not only the Deutsche Bahn has to adhere to this.
- The Deutsche Bahn offers the choice between “Mr.” and “Ms.” when addressing the ticket purchase.
- The Frankfurt Regional Court gives a person’s lawsuit non-binary Sex now partially takes place.
- The general Personal rights the person is injured by the mandatory information.
Frankfurt – Whoever buys something on the Internet often has to choose between being addressed as “Mr.” or “Ms.” – but that’s not enough, like that Frankfurt Regional Court judged. A person who is neither female nor male gender feels belonging, is allowed to neutral salutation desire.
Frankfurt: Deutsche Bahn must offer gender-neutral form of address
In the specific case before the Frankfurt Regional Court was negotiated, it was about booking a ticket for the German train on the Internet. When purchasing and registering, a decision had to be made between “Mr.” and “Ms.”. The person of non-binary sex addressed as “Mr.” therefore filed a complaint of discrimination and referred to the case law of the Federal Constitutional Court. The Frankfurt Regional Court partially upheld the lawsuit.
After this judgment the judge in Frankfurt protect the general right of personality, including the gender identity. In this context, the salutation is of “central importance” according to the general understanding. A compulsory definition of “Mr.” or “Ms.” violated the right of personality. In addition, gender is “completely irrelevant” for the provision of the service in the present case. The Deutsche Bahn could alternatively introduce a greeting such as “Guten Tag” or completely dispense with gender-specific salutation, led the Frankfurt judge out.
Companies must offer their customers a gender-neutral form of address, according to the Frankfurt / M district court. in the case @HornsteinRene_ against @DB_Bahn announced (December 3rd, 2020). You can find the BUG press release on our website: https://t.co/e77Z6DLhfl
– TIN legal assistance (@TIN_Rechtshilfe) December 4, 2020
Frankfurt: Deutsche Bahn can use other, gender-neutral greetings
Compensation by the Deutsche Bahn is there for the person non-binary But not gender. The personality was neither seriously nor maliciously injured, but rather occurred “as a reflex of mass processing of standardized processes”. The requirements for compensation are therefore not met. The decision is also not yet legally binding. He can still by calling before the Frankfurt Higher Regional Court be challenged.
That was classified as insignificant Frankfurt Regional Court the question of whether those affected have already caused a change in the civil status register and the entry of a diverse one at the registry office Gender was done. The protection of general personal rights as well as the right to a salutation corresponding to the gender identity does not begin with an official change of civil status, but according to the Constitutional Court already with “perceived gender identity”. (lrg with afp)