The two of them have had a tense pulse for over a year. It was Campo who valued the “fine, select and competent role” of the vice-president

Irene Montero, at a press conference after the Council of Ministers.Javier LiznEFE

“Historic day.” “Giant step”. Irene Montero has celebrated the approval by the Council of Ministers of the preliminary draft of the Trans and LGTBI Equality Law because Spain has positioned itself “at the European vanguard” in the recognition of the rights of both groups and because, after a tough negotiation between the PSOE and United We Can, their criteria have been imposed so that gender self-determination is a reality in the law.

However, despite the public congratulations, the injuries caused by the negotiation have been evident during the press conference after the Council of Ministers, because the Minister of Equality has completely ignored the intervention of Carmen Calvo in the set-up of the law. And the fact is, the first vice president has led the criticism and reluctance to recognize gender self-determination until she has lost the battle.

When explaining the process of drafting the final text, Montero has made an “honest recognition” to the Ministry of Justice and its head, Juan Carlos Campo, for the contribution that has been made to guarantee legal security in the change of law. gender before the Civil Registry. But, in contrast, he has never mentioned Calvo, whom he has not included in the acknowledgments or to whom he has made any recognition. No gesture.

Aware of the situation, it has been the Minister of Justice who in his initial intervention has taken the opportunity to “extend” the recognition to the first vice president for having had a “fine, select and competent role” in improving the draft bill of the Ministry. of Equality. And he has praised his figure. “Having a person who is sensitive to these issues like no other”, stressed the socialist minister, “is a reason for solidity.”

Irene Montero has not hidden that the negotiation has been “long and difficult”, “and it is okay to admit it”, but she has congratulated that in the end the work “has paid off.” Similarly, Campo has argued that “good” blueprints require “reflection and calculation.” While the spokeswoman for the Executive, Mara Jess Montero, has pointed out that the text belongs to the whole of the Government and he makes everything his own.

Regarding the wounds that the law can leave within the Executive, the Minister of Equality has presented the Trans Law as “a sample of the strength” of the Government. Since despite the importance of the differences with which it starts, it has been possible to work and approve a text that will now be processed in the Congress of Deputies. Where, by the way, the standard has broad support but with the will to improve it.

Sex change without reports or hormones

The Minister of Equality is very satisfied with the result, since in the end gender self-determination will be law, as she promised so many times during the year that the draft has remained blocked by Calvo due to differences over its content. This means that a trans person can change gender in the Civil Registry with their single declaration. Without requiring any psychiatric or medical report or a two-year hormonal period (as required by current law).

All this disappears because transsexuality is depathologized. “They are no longer going to be considered sick people.” Which means that no third person has to intervene in the process by which a trans person changes their status from man to woman before public administrations, or vice versa. Including your name. There are no doctors and there are no hormones. Neither before requesting the sex change nor after, when it has already been modified and the person has another name.

The process lasts a maximum of four months and requires a double appearance in the Civil Registry. One to start the process and request the change of sex and, two, to be ratified once three months have elapsed since the request. The remaining month is how long it takes to take effect.

War on feminism

The trans law is celebrated as a milestone by Montero, the Ministry of Equality and a multitude of LGTBI groups, mainly the trans community. However, at the same time it has opened a huge dispute in feminism because the sectors most traditionally aligned with the PSOE consider that gender self-determination “erases women” and puts their rights and their struggle at risk. Thesis that until recently shared by Calvo.

To all these critical feminists, Irene Montero has sent several messages. On the one hand, he has stressed that the law is “feminist” because “if we do not all arrive, none will arrive”; and because it guarantees respect for the human rights of trans people.

On the other hand, Montero has argued that those criticisms will be rectified or appeased in the future. Because “always” there has been “debate” and “opposition” when “laws with this draft” arrive. In a comparison with the importance of the abortion or same-sex marriage laws, the minister has pointed out that the same thing will happen with the Trans Law, “that then years later no one recognizes himself in opposition to those laws.”

Legal guarantees: maturity and stability

The role of the Minister of Justice has been relevant to provide legal security to the norm, with respect to the first draft of the law. Campo has highlighted that the trans law achieves three objectives: it establishes “the real and effective equality” of the LGTBI collective, provides tools to “eliminate all forms of discrimination” in any area and establishes a procedure for the change of sex that “removes the obstacles “that are currently given.

“It will be a remembered day,” he stressed, because it brings “happiness” to many people and that, he remarked, is “cause for joy.”

One of the most controversial aspects was how to fit in legal security. Campo has highlighted that, in line with the Constitutional Court, two basic guidelines have been followed: “maturity” and “stability or permanence” (of the change of sex).

It is an especially delicate matter in minors. In this sense, children between the ages of 12 and 14 must go to court so that they can change their sex by means of a decision by a judge, who is the one who decides that maturity. S is assumed among minors aged 14 to 16, that they have to be supported by their parents. In case of conflict, there will be a judicial arbitrator. From the age of 16, it is done individually.

The other key point that, in the minister’s opinion, provides the law with legal security is the reversion process. That is, the process by which a person wants to return to their previous gender. After six months, you must do it before a judge. With this he wants to avoid any fraud of law and that someone would try to change sex continuously for some interest. Therefore, there is that “permanence”.


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