Since last June the Council of Ministers agreed to refer to the Cortes Generales the Bill for the Real and Effective Equality of Trans People and for the Guarantee of the rights of Lesbian, Gay, Trans, Bisexual and Intersexual People (LGTBI), the text has not been exempt from controversy of all kinds.
Although it was the Government that agreed to process it urgently, a mechanism that shortens the deadlines by half, the numerous proposals for amendments to the original text presented by the different parties have been delaying the approval of the law, making each approval before the end of 2022 is becoming more complicated.
Why is the Trans Law so important?
The text of the Law will establish the principles of action of the public powers, regulate the rights and duties of natural and legal persons, both public and private, and will provide for specific measures against any form of discrimination.
Right now in Spain, we have a Trans Law that dates back to 2007, which represented a great advance on the issue. However, despite the good intentions of this first rule, there are still legal loopholes to be resolved, something that the groups involved have been demanding for years.
One of the main advances that will appear in the new Law is gender self-determination. This concept indicates that gender identity is determined by the individual themselves. With the new standard, people will no longer need any requirements, they will not be subject to any medical or legal authority, in order to be recognized in their gender.
Does this also affect minors?
This has been one of the most controversial points of the bill and the one that is arousing the most criticism in different sectors of society, who do not view favorably the proposal that the Bill for the Real and Effective Equality of Transgender People and for the Guarantee of the rights of Lesbian, Gay, Trans, Bisexual and Intersexual People (LGTBI) in relation to the determination of gender in minors.
On the other hand, a multitude of hoaxes have circulated in relation to this issue, going so far as to say that any minor will be able to change their legal sex, without any requirement, a fact that does not agree at all with the text of the bill.
What exactly does the bill say in relation to minors?
The norm establishes three age ranges in relation to gender self-determination, taking into account that before the age of 12 it would not be possible to change the registration mention of sex.
These three sections that it establishes are:
Children under 12 and 13 years old. They are allowed a legal sex change, but to do so they would need judicial approval, that is, they must accompany their request with “any supporting documentary or testimonial means” that prove a stable situation of non-conformity with their sex/gender. In addition, the document indicates that the judge may request the evidence he deems necessary.
Children under 14 and 15 years old. They could access this right and request it on their own as long as they are accompanied by their legal guardians.
Minors under 16 and 17 years old. They may request it on their own without having to be accompanied by their legal guardians.
On the other hand, any minor, regardless of age, may make a name change on the DNI to adapt it to their gender identity. This is a possibility that already exists thanks to the 2018 instruction of the General Directorate of Registries. Since 2018, this instruction has allowed the change of name according to the self-determined identity of the person, paying special attention to the cases of minors. If this trans and LGTBI bill is approved, it would no longer be an instruction, but would become a measure with the force of law.
It is part of the world of intervention with minors in our Postgraduate in Intervention with Minors.
