Thursday, August 11

gender self-determination and depathologization of transsexuality


Madrid

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The ‘trans law’
, which the Council of Ministers approved this Monday in the second round after a tough confrontation between the government partners, contains two basic principles: gender self-determination and depathologization of transsexuality, although since 2017 the World Health Organization (WHO) already removed references to transsexuality as a disorder. The law is approved just one year after the draft reached La Moncloa and in the week that

LGTBI Pride kicks off, whose Day is commemorated tomorrow, June 28.

The text of the last draft approved in La Moncloa has not changed except for small nuances after the opinion of the General Council of the Judiciary, in which the judges urged to raise the legal age to change sex and name in the Civil Registry to 18 years .

In the wording of the Ministry of Equality, gender self-determination is recognized, that is, the change of sex in the Civil Registry without the need for a medical or psychiatric report or medical treatment from the age of 14, but with parental consent until the age of 16 It will be free from 16 years and between 12 and 14 years will require a judicial authorization.

The interpretation of this concept of gender self-determination and the debate on age groups have caused months of disagreements between the PSOE and United We Can and have also split in some way the collective and feminist entities.

These are some of the keys contained in the draft Law for the Real and Effective Equality of Trans People and the Guarantee of the Rights of LGTBI People, which is now heading for parliamentary processing. It must also go through the review of another advisory body, the Fiscal Council, whose report is not expected until the end of the month or the beginning of July.

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1-. The concept of gender self-determination it is finally made explicit, so that trans people will no longer have to declare themselves sick to change their legal sex on their DNI. It allows changing the name and sex on the DNI, through a procedure in the Civil Registry, without the need for medical reports.

Specifically, the rule allows the rectification of the name and gender in the legal registry from the age of 16 with total freedom. Children under 12 years of age may not change their gender unless authorized by a court. In that age range up to 14 years old, the judge will assess his maturity and stability. From 14 to 16 years of age, parental or legal guardian support is required (and if there are discrepancies, he may be accompanied by a legal defender). Testimonial evidence or statements from third parties, or psychiatric or medical reports, or hormone therapy for at least two years, as currently requested, will not be necessary.

It should be remembered that the CGPJ requested more requirements for the legal sex change of minors between 14 and 16 years of age beyond the consent of their parents.

two-. Review at three months: After three months, the firm manifestation of the will of the minor will be reaffirmed before the Civil Registry official. If he repents, the process will be reversible in the following six months.

3-. Depathologization of transsexuality. The Equality standard includes specific protocols in the field of health for the care of trans people and full inclusion in assisted reproduction treatments, prohibits so-called conversion therapies, that normally in the form of psychological therapies are intended to modify the sexual orientation or gender identity of a person, and bans genital surgeries for non-medical reasons on intersex people.

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4-. The Civil Registry is the body that reports: The process will begin with the appearance of the interested person before any office of the Civil Registry. There you will receive a form to express disagreement with the sex mentioned in your birth registration and the request to proceed with the rectification. In that first appearance, the person requesting recognition in the registry will be informed of the legal consequences and the reversion regime. After receiving all this information and if they are satisfied, the trans person must sign the first request to rectify the sex that appears on their birth registration. Within a maximum period of three months, the Civil Registry must summon you again so that, finally, it can be ratified. The process will not take more than four months in total, because once the application has been signed and submitted, the official will check the documentation in the file and issue a resolution within a maximum period of one month from the date of the second appearance. .

In the document, the proper name that you want to appear from now on will be includedexcept in the event that the person wants to keep the one they have used up to now and it is in accordance with the principles of free choice of their own name provided for in the regulations governing the Civil Registry.

5-. The new procedure shortens and facilitates the obligatory process until now, according to which a person who wanted to change their sex had to receive a medical or psychological diagnosis to prove their gender dysphoria, also called or known in some countries as gender identity disorder or gender incongruity. In addition, said person must have received hormone treatment for at least two years.

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6-. People who request rectification of sex will maintain their previous legal rights and obligations and will not avoid an aggravated sentence for reasons of gender. Some feminist associations had expressed their fear that abusers ask to be recognized as women to circumvent the law.

7-. The project states that those who request it, whether they are adults or minors, will be offered voluntary support measures throughout the registration rectification procedure that affects the health, social, labor, educational and administrative fields; also protection measures against discrimination, promotion of respect and promotion of equal treatment. The collective calls for more measures to fight against the labor exclusion of transsexual people, translated into effective public policies.

8-. It does not contain measures to recognize non-binary trans people (who do not identify as men or women), who claim a third box on the DNI.

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