Questions and answers about the Trans Law, approved today by the Council of Ministers

DIRECT MONCLOA | The Trans Law and LGTBI rights approved in the Council of Ministers

The preliminary draft of the Ley Trans, approved today by the Minister council, recognizes the gender self-determination -although the concept is not cited as is-. That means a person can modify their sex before the administration with freedom without the intervention of third parties.

How can you change gender?
With a statement. The trans person only has to go to the Civil Registry. An official will give you a form to declare your willingness to change the gender of birth: from male to female or vice versa. It is then that on the paper he writes what his new name is. The official will inform you of the legal consequences of your act and provide you with additional information on social organizations that can provide you support if you need it. Within a maximum period of three months, the trans person will be summoned again in the Civil Registry to ratify his request for a sex change and state that he persists in the decision he had already expressed. The process has a double appearance.
Do you have to prove in some way what is the expression of your identity?
No, and that is one of the most relevant aspects of the law. You do not have to provide any medical report or the statement of a witness to prove your condition. This has been a point of strong friction with the PSOE, which did want to demand some kind of requirement and accreditation so that it was not a mere declaration. But Irene Montero has imposed herself there on Carmen Calvo and gender self-determination will be a reality. The trans person should not be hormonal two years before the request, as is required right now. The process is, therefore, a personal statement in which there is no intervention by third parties. It is what supporters of the law and the trans community celebrate, that no one “examine” or “subjugate” from the outside to “determine” what their expression of identity is. A step that they consider to be “equal” to the rest.
How long does the whole process of gender change take?
Once the double appearance before the Civil Registry has taken place, the change becomes official in a month. Therefore, from the start of the process until it becomes official, the maximum time is four months.
And if the person wants to rectify?
There is a reversibility process for a period of six months, which makes it easier to return to the original genre.
How do you prevent someone from continuously changing sex?
After six months of sex change, people can only regain their previous gender in the judicial sphere, through voluntary jurisdiction. This is to avoid legal fraud and provide legal security.
At what age can you change your sex?
From the age of 16, one goes to the Civil Registry and follows the method already explained. From 14 to 16 years the process is the same but the minor must be accompanied by their parents or guardians, and in case of dispute a judicial defender will be appointed. From 12 to 14 years old, the modification will be made only with judicial authorization. Children under the age of 12 cannot change their sex but their name, without witnessing evidence, which allows them to have numerous rights at the educational or sports level.
Do you have to get hormones sooner or later?
No. It is not a requirement to request a sex change, nor is it mandatory once it has been consummated. There will be freedom to get hormones or have surgery, but access to all these health services are governed by regional laws.
Why does the law depathologize trans people?
Trans people are legally no longer considered sick people. For this reason, a medical or psychological report is not required to prove that the person has been diagnosed with gender dysphoria. There is talk of depathologization of the trans identity, allowing the registry change of sex without being conditioned by the presentation of a report or the modification of physical appearance.
How will they compete in the field of sport?
The sex change is for all intents and purposes. Therefore, in the category of their new sex and under the sports regulations that control, for example, the level of testosterone in athletes.

Other key aspects of the Trans Law

The draft of the “Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people” merges two texts that were going to go separately but that finally go together. That is why the law covers a multitude of issues related to LGTBI collective. For him Ministry of Equality, the Trans Law is a “historical” milestone because it is depathologizing and because it places Spain “at the forefront of Human Rights”.

Some highlights are as follows:

  • Prohibition of reconversion therapies

Reconversion, aversion and counterconditioning therapies, in any form, intended to modify the sexual orientation or identity or gender expression of the person will be completely prohibited and heavily fined.

Equality wanted to include a third box to recognize the gender “non-binary”, for those who do not feel neither men nor women. But the pressure of the PSOE has made it disappear from the draft. However, surely the debate on the third box will reopen during the process of the text in Congress and the Senate, where the law has a lot of support but also a lot of will to include improvements.

Lesbian, bisexual and single women will once again have access to assisted human reproduction techniques after 7 years without access to this right in the National Health System.

Lesbian and bisexual women will be considered biological mothers even if only one of them has given birth. Until it came into effect, the non-biological mother had to go through an adoption process.

The entire package relating to foreigners disappears from the law, when the draft made it possible to change the mention of sex and name on the residence card or work permit.

Fundamental rights are 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 have not defined during the first months of life.

  • Diversity education

The inclusion in the basic curriculum of knowledge of and respect for sexual, gender and family diversity as an objective in all educational stages, as well as training in the subject for all teachers. Sexual and reproductive education and STI prevention programs will be promoted with special regard to HIV.

  • Protection against discrimination and violence

There is a regime of infractions and sanctions in order to protect LGTBI people against discrimination or violence. Whether in the workplace, in sports or leisure.

– Minor: Fines of 200 to 2,000 euros. Harassing a person because of their sexual orientation or causing damage to property of the LGTBI community, such as a local or license plates. Likewise, those who do not collaborate in the investigative work of the inspection services will be sanctioned with this amount.

– Serious: Fines from 2,001 to 10,000 euros. Do not remove vexatious expressions on websites or social networks of the provider of an information society service, incorporate clauses in contracts that are discriminatory or vexatious; the impulse or tolerance of discriminatory labor practices and the absolute refusal to collaborate with an inspection work.

– Very serious: Fines from 10,001 to 150,000 euros. Those who harass and discriminate will be sanctioned in this category. For example, with criteria or conditions that prevent access to a job or, for example, if a trans person or a gay couple is denied a rental home. Likewise, this chapter includes the refusal to give assistance to an LGTBI person; the dissemination or promotion of conversion methods or therapies; or the elaboration, use or diffusion in educational centers of textbooks and didactic materials that discriminate against this group.

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