These are the keys to the trans law, the first to allow gender self-determination in Spain.


Posted: Tuesday June 29 2021 12:58 PM

The day came. This Tuesday, after a long negotiation, many showdowns and a revision to the millimeter, the Council of Ministers approves the first comprehensive law for the trans community. A text that generated significant differences within the government, in which, on the one hand, the Ministry of Equality, headed by Irene Montero, defended the proposal against the reluctance of another sector of the executive , led by Vice President Carmen Calvo, according to which demanded greater legal certainty.

So the trans law is already there. It is a rule that proposes visible changes in accordance with previous legislation. Once approved, trans people will be able to determine their sex for themselves in a more flexible process, whereby hormonal or psychiatric intercourse is no longer required.

What varies? What exactly does this legal text collect, which was one of the great flags of United We Can when it reached Moncloa by the hand of Sánchez? laSexta details the keys to the most controversial law to date in the legislature, which places Spain among the countries with the most advanced legislation, along with Malta, Ireland, Denmark, Norway or Luxembourg.

Gender self-determination

According to the Ministry of Equality, through this new law “trans people are the ones who decide who they are, no one decides for them”. Concretely, this group of people will now simply have to go to any civil status office, report their disagreement with the assigned sex and request a change.

This way, no evidence is needed, neither are witnesses.

Trans people are no longer legally considered sick, as the WHO has already indicated.

The miners themselves decide

In trans law, minors themselves express themselves, without needing the consent of their parents or legal guardians. The name change can be done at any age, but the gender changes as long as they are over 12 years old.

In the eyes of the department headed by Irene Montero, this consolidates “the right of minors to be heard and heard”. In addition, the ministry is focusing on what this mechanism can mean in terms of rights in areas such as education or sport.

Maternity also plays an important role in the new legislation. First, because lesbian, bisexual and single women will once again have access to assisted reproduction techniques after 7 years without access to this right in the national health system.

But also because the filiation of the sons and daughters of lesbian or bisexual women is authorized, after an amendment to article 120 of the Civil Code.

Prohibition of conversion therapy

This is perhaps one of the most important points which is approved this Tuesday in the Council of Ministers. The law prohibits conversion, aversion, or counter-conditioning therapy in any form aimed at modifying a person’s sexual orientation or gender identity or gender expression.

School and business are no longer hostile to LGTBI people

For LGTBI people, their rights are consolidated at school and at work, mainly.

The inclusion in the basic curriculum of knowledge of and respect for sexual, gender and family diversity as a goal at all stages of education, as well as training in this area for all teachers. Sexuality and reproductive education and STI prevention programs will be encouraged, especially with regard to HIV.

In the workplace, for its part, the prohibition of all forms of discrimination in access and permanence in employment, hiring and working conditions is included. Affirmative action measures are also promoted to promote access of LGTBI people to employment, especially trans women, as well as other workplace equality measures for the group, such as facilitation procedures for channeling complaints of discrimination.

The role of intersex people

Fundamental rights are being legislated for the first time for intersex people, such as the right not to undergo any mutilation at birth or not to have to be registered in a sex that they did not define in the first months of life. life.

How to change sex in the registry

To perform the registered sex change, the applicant has to go through several steps. In all cases, this is a purely administrative process, which lasts 4 months in total. Is it possible to go back? Really yes, but not continuously. Once the change has been made and after 6 months, the applicant can only rectify in court, through a Voluntary Jurisdiction.

The first step in completing the procedure is that the legitimate person presents himself at any registry office. Once there, you will fill out a form which will collect your disagreement with the gender mentioned and the request for a change. The person in charge of civil status will inform you of the legal consequences that this change will have, by requesting the rectification after having been informed.

Within a maximum of 3 months, the person will make a new appearance to confirm his request and the persistence of his decision to change sex. Therefore, the persistence of this decision is ratified, and not the gender identity of this person. Finally, the person in charge of civil status must issue a resolution within a maximum period of one month after the double appearance.

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