The Government of Spain is preparing to approve this Monday a new “Trans Law” that will allow the registration change in the DNI without the person having, as is now required, a clinical medical or psychological report that proves “gender dysphoria” .
The “Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people” will have the endorsement of the Council of Ministers that will be held tomorrow and the text will thus go to the processing phase in Congress, as confirmed by sources from the Ministry of Equality, according to the DPA news agency.
The same sources indicated that it is the best possible text to reach the lower housesince it is improved with respect to the initial one and in it the fundamental rights recognized to the group are maintained.
Specifically, the bill allows for a change of sex in the Civil Registry without the need for the person to have, as is now required, a clinical medical or psychological report that proves “gender dysphoria”.
It will suffice that the change be requested in writing, without the need to present evidence or witnesses, and that it be ratified within a period of three months.
In addition, the project contemplates that the over 16 years of age can make the registration change so that their personal documentation matches their self-perceived gender identity with an administrative process, without evidence or witnesses.
current law
Until now, the gender identity law does not include minors given that in its first article it establishes that “any person of Spanish nationality, of legal age and with sufficient capacity to do so” may change their sex and name data in the Registry.
However, different judicial resolutions have made possible changes related to minors.
The project comes to modify a rule that is already 15 years old and that at the time it was considered “a historic advance” for the transvestite trans collective since it allows them to change their name and sex, both in the Civil Registry and in the DNI without having to have surgery.
However, to access this they must present a diagnosis of gender dysphoria -with a medical or psychological report- and have received at least two years of medical treatment to accommodate their physique to the claimed sex (hormonization).
Until 2007, trans people in Spain could only change their data after having undergone sex reassignment surgery and through a favorable court ruling.
Since 2007, more than 6,000 people have exercised this right.
The new text will be approved by the Government in the second round on the eve of International LGBT+ Pride Day and a year after he did it for the first time.
Throughout this period, the still draft law generated various debates on gender self-determination, which includes trans people and which generated disagreements between the two partner parties in the Government.
From the Ministry of Equality they have also been critical of the attitude of the General Council of the Judiciary (CGPJ) towards this text and, specifically, for not meeting the deadlines to issue the corresponding mandatory report.
Finally, this judicial body positively valued self-determination, although not from the age of 16, as proposed by the norm, but from the age of 18.
On the other side are the LGTBI groups, who demand the opposite and that gender self-determination be for all minors.
In addition, they ask that non-binary people be recognized and that refugees and migrants with papers not be excluded.
