The Council of Ministers has approved this Tuesday the draft trans law and LGTBI rights, a rule that will allow the change of sex in the registry from the age of 14 without the need for a medical report or witnesses and that sees the light after arduous negotiations between coalition partners. “Spain is at the forefront of Europe,” said the Minister Spokesperson, María Jesús Montero, at the press conference after the meeting. And he has warned: “No matter who it weighs, we will continue this line of social conquests.”
The draft law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people finally arrives in the week of LGTBI Pride and supposes, in the words of the Minister of Equality, Irene Montero, a new ” historic step “after the approval of the gay marriage law 16 years ago. As stated by that Ministry, gender self-determination is finally recognized and sex can be changed in the Registry with the sole declaration of the interested party, who must confirm their decision three months after submitting the first application.
“We make history with a law that takes a giant step forward in the rights of trans and LGTBI people,” Minister Montero began by saying, recalling how pride is always “a moment of vindication for many people who have been able to feel that they were alone, alone or suns “.
“A sample of the strength of the coalition government”
The self-determination of gender was rejected at first by the first vice president, Carmen Calvo, and has opened cracks in the left and in feminist movements, since one sector considers that sex is an immutable biological reality and that the law will harm women and their fight for equality. Last May the PSOE abstained when a proposal from several left-wing groups regulating the self-determination of gender reached the plenary session, which did not go ahead as it also had the rejection of the PP and Vox.
Irene Montero wanted to make a “sincere recognition” this Tuesday to the Minister of Justice, Juan Carlos Campo, and his team, for the work they have done so that this law can move forward: “We have negotiated many hours over many months and this is It is also a sign of the strength of the coalition government. We are capable of dialogue, of complying with the coalition agreement and of carrying out measures that improve the lives of the people, “he assured at the press conference after its approval in the Council. of Ministers. Campo also thanked the Ministry of Equality for its work.
Right to change your sex from the age of 14
The draft will recognize the right to change sex from the age of 14, two more than what Equality raised in its first draft. Children of 12 and 13 years old will need judicial authorization to modify the registration mention of sex and any minor may change their name without the need for reports. As Minister Campo has pointed out, the criteria of “maturity and stability” will be those that are taken into account throughout the process in order to assess the decision.
The Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people establishes a mechanism to avoid the continuous change of sex and, with it, fraud of the law: the people who have changed the mention sex registry, to do it again they will have to obtain a judicial authorization.
Trans people are no longer considered sick
The text will stop trans people from being considered sick in Spain, will allow the filiation of the children of lesbian and bisexual mothers without the need for marriage and will guarantee access for lesbians, bisexuals and trans people to assisted reproduction treatments.
Likewise, the draft bill will prohibit conversion therapies to modify the sexual orientation, identity or expression and genital modification surgeries of intersex babies and will establish a regime of infractions and sanctions – between 200 and 150,000 euros) that reverses the rules regarding the burden of proof when it comes to discrimination against the LGTBI group.
Trans law and another law against LGTBI discrimination
The government agreement between the PSOE and Podemos included the approval of a trans law and another law against discrimination against LGTBI people, but both initiatives have finally come together.
The main LGTBI associations, although they hope to introduce improvements in the parliamentary process, have welcomed the approval of the draft.
Next Saturday they will take to the streets in Madrid in the traditional Pride march with the slogan: “Human rights are not negotiated, they are legislated: comprehensive trans law now.”