The Minister council plans to approve next Monday the bill for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, better known as ‘trans law’. Executive sources tell EL PERIÓDICO that the law, which will be studied by Pedro Sánchez’s Cabinet in the second round for submission to the Courts, has undergone changes but these do not affect the right to gender self-determinationwhich was the main point of conflict between the PSOE and Podemos before the draft was approved by the Council of Ministers, in the first round, last June.
Since then, the legal project has been reviewed by the advisory bodies and, according to the same sources, those issues that “they could improve the law” but without modifying the fundamental rights already recognized by the preliminary draft. As happened just a year ago, the Government will approve a fundamental law for the LGTBI collective coinciding with the celebration of Pridealthough in 2021 the protest anniversary was used as a sword of Damocles: several groups they threatened the PSOE by not inviting them to the central demonstration in Madrid, which put pressure on the Ministry of Justice and the First Vice Presidency (in the hands of the PSOE) to reach an agreement with Igualdad (led by Irene Montero) on self-determination, which means recognizing it de facto but without mentioning it explicitly.
critiques of feminism
And it is that Carmen Baldthen vice president, aligned with the theses of a part of the feminismwhich considers that the law “erases women” and the discrimination they suffer based on their biological sex, and demanded that the the legal text documentary evidence that demonstrate the stable situation of transsexuality. But finally the PSOE lowered this claim and the preliminary draft allows changing sex in the Civil Registry and in the DNI with the mere will of the interested partywithout exhibiting any kind of proof.
Currently, to change sex, two years of hormone therapy and a medical report are required, but when the new rule comes into force, it will be enough to present the request for registration change twice, three months apart. And according to the aforementioned sources, this part of the text has not undergone substantial changes.
The requests of the group
The LGTBI collective applauds that the Government studies the trans law again next Monday and, although it has taken a year with respect to the initial approval, he believes that “there is time for this legislature to see the light”, according to the vice president of the LGTBI+ State Federation, Mane Fernandez. Of course, Fernández warns that the approval by the Government “it’s one more step” and that now they will fight so that the norm is “improved”, through amendments, in the Courts. Especially, the recognition of the new rights for all immigrantseven if they don’t have ‘papers’, and for the under 12 years oldgiven that the first draft allowed the change of registered sex from the age of 16 without guardianship, from 14 to 16 years assisted by their legal representatives and from 12 to 14 years by judicial authorization.
But the LGTBI + Federation intends that gender self-determination be recognized for those under 12 years of age if they demonstrate maturity and reaffirmation over timeas established by a judgment of the Constitutional Court.