Wednesday, August 17

without medical report and with self-determination of gender from the age of 16


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The Minister council has approved this Monday in the second round after a tough confrontation between the government partners, the ‘Trans law’. “Finally and fulfilling the commitment we had with LGTBI people,” the Minister for Equality, Irene Montero, said at the subsequent press conference.

Paraphrasing former Prime Minister José Luis Rodríguez Zapatero, Montero explained that this law expands “everyone’s opportunities for happiness”. The chosen institutional motto is ‘Pride of the country’, because in the words of the minister, this law makes Spain “a better, freer and more democratic country where all of us can feel very proud”.

The new law contains two basic principles: gender self-determination and the depathologization of transsexuality, although since 2017 the World Health Organization (WHO) has already eliminated 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 begins, whose day is commemorated tomorrow, June 28.

The wording acknowledges the gender self-determination, that is, the change of sex in the Civil Registry without the need for a medical or psychiatric report or hormonal medical treatment. Young people between 16 and 18 years old will be able to go to the registry and their right to self-determination will be recognized in the same way as those over 18. Between 14 and 16 years old they will need authorization, between 12 and 14 it can be done through voluntary jurisdiction and under 12 years of age may change their name on the DNI.

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With the new norm, people who want to make a registry change of name and sex must go through a double appearance process. In the first, you will cover a form in which you will express your disagreement with the mentioned sex and the request for change and you will receive information on the legal consequences that this change will have, requesting rectification.

In the second, which must be within a period not exceeding three months, the applicant will ratify their request and the persistence of their decision to change their sex. Within a month after that second appearance, the person in charge of the Civil Registry will issue a resolution.

sanctions

The report of the Council of State is “a good report,” said Montero. “Both this one and the one from the General Council of the Judiciary (CGPJ) and the one from the Economic and Social Council that we have had to compile, we have read them and in all those aspects that could improve the text, both technically and politically, we we have done. In the sense of expanding rights, they have been taken into account and recommendations have been incorporated », he explained.

One of the novelties that have been added to the initial proposal has to do with transsexual people who arrive from another country. As Montero explained, Spain will recognize the right to change the documents issued here if they do not have it recognized in their place of origin.

In addition, to fight against lgtbiphobia, the Government has announced a series of administrative offenses. The lightest will range from 200 to 2,000 euros. The serious ones, from 2,001 euros to 10,000, will penalize behaviors such as excluding people from this group from being hired or preventing inspections in the workplace to hide it. The very serious will range from 10,001 to 150,000 and will be fined from denial of access to goods and services (denying entry to a bar to buying or renting to an LGTBI person) to conversion therapy or harassment towards these people when it does not constitute a crime. Discriminatory educational content in textbooks or teaching materials will also be sanctioned.

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