The Government approved this Tuesday in the Council of Ministers what is known as Ley Trans, the draft law for the real and effective equality of Trans people and for the guarantee of the rights of LGTBI people, in which, after an agreement between the members of the Executive, the rectification of the name and sex of the trans people in the Civil Registry from the age of 14.
Thus concludes a negotiation that began last March, when the Ministry of Equality published the text it had drawn up with the aim of “depathologizing” the group and eliminating the procedures that are currently required of them to carry out this procedure: medical report that diagnosed with gender dysphoria and hormonal treatment for two years.
The team of Irene Montero included in the first version of the rule that this change in the Civil Registry could be made with the only express wish of the person interested in making this change. This measure did not like the PSOE, as explained by the vice president of the Executive, Carmen Calvo, due to legal uncertainty.
The socialists already showed in 2020, in an internal party document, their opposition to gender self-determination on two issues. The first because “they blur women as a political and legal subject”; and the second because gender “does not exist”, but is a set of “stereotypes” that are assigned to men and women and that “configures expectations and opportunities”.
“The idea of thinking that the gender is chosen without more than mere will worries me,” Calvo said in an interview. The vice president has led the main public criticism of this norm and defended, instead, the Equal Treatment law, known as the ‘Zerolo Law’, which is promoted by the PSOE.
While the Ministry of Equality accused its partner in Moncloa of “blocking” the arrival of the law to the Council of Ministers, trans organizations, such as Federation Plataforma Trans and ‘Euforia.Familias Trans Aliadas’ began a hunger strike so that the text was processed in Congress.
This objective was achieved in May, after registering the ERC, Compromís, Más Madrid, Cup and Junts norm, but the law was not taken into consideration after the PSOE abstention, which together with the votes against PP and Vox, prevented a majority support of the lower house.
Now, a month later and after the negotiations of the Government partners, an agreement has been reached to include self-determination in the norm through a double verification process that cannot last more than four months. Of course, no mention is made of gender, but the sex of the person.
As reported by sources of Equality, the preliminary draft includes that the process for the registration rectification will begin with the appearance of the interested person in the Civil Registry -this step can also be done online- where the form that will be collected will be delivered your manifestation of disagreement with the sex mentioned in your birth registration and your request for the corresponding rectification to be carried out.
A new name
This document must include the choice of a new proper name, except when the person wants to keep the one he or she holds and this is in accordance with the principles of free choice of the proper name provided for in the regulations of the Civil Registry.
In this initial appearance, the person in charge of the Civil Registry will inform the requesting person of the legal consequences of the intended rectification, including the reversion regime, as well as the existence of the voluntary support measures that are available to the requesting person. throughout the procedure, including measures to protect against discrimination, promote respect and promote equal treatment.
Sometimes politics is about very simple things. The Trans and LGTBI Equality Law guarantees something as basic as the right of many people to be happy, without guilt and without fear. Be who you are, not to the detriment of anyone, but in favor of a better country and society. ??️??️⚧️
– WE CAN (@ WE CAN) June 29, 2021
Likewise, it will inform the legitimated person of the existence of associations and other organizations for the protection of rights in this area to which they can go.
In the case of minors between 14 and 18 years of age, all those involved in the procedure must take into consideration the best interests of the minor at all times. The text indicates, in this sense, that the person in charge of the Civil Registry will provide you with information on the legal consequences in a clear, accessible language adapted to your needs.
After signing the applicant who agrees, they must be summoned again within a maximum period of three months to appear again in the Civil Registry and ratify the request, asserting the persistence of their decision.
Once the application has been signed and submitted, a resolution will be issued on the requested registration rectification within a maximum period of one month from the date of the second appearance. That is, the entire process for the sex change would last a maximum of four months.
The same sources from the Ministry have also highlighted the inclusion of measures in the norm to guarantee the rights of intersex people, or that lesbian couples do not need to be married to appear both women as mothers of a baby. In addition, it prohibits reversion therapies.
This draft includes, although not completely, some of the measures that the State Federation of Gays, Lesbians, Transsexuals and Bisexuals (FELGTB), the Triángulo Foundation and ‘Chrysallis’, an association of families of trans minors, transferred to the Government in a meeting that kept at the beginning of this June.
As they explained to the media at a press conference, it was proposed, as legal security for self-determination, to establish a maximum period of three months to complete the registration change process (which is currently about three years), as well as that self-determination was possible for minors up to 12 years of age, while younger children would go through a first phase of name change only.
In addition, they did not oppose the union of the two norms, as proposed by the PSOE, as long as the “name of trans people ahead” was maintained.
In a very different position are the trans organizations, who consider that the Executive has “loaded” the law that guaranteed the rights of their group and asked that it be processed individually.
As the Trans Platform Federation has denounced, the Government is “breaching” its agreement, which spoke of developing two laws and considers that they have “left trans people” and minors in limbo, by “excluding” those of less than 14 years of the possibility of making the registration change, as well as the group of non-binaries, or trans migrants.