The Constitutional Court has declared illegal all discrimination against trans people based on their gender identity, considering that it contradicts the rights enshrined in the Constitution. The magistrates have analyzed the dismissal of a transsexual person and, although they have not considered that his condition was the reason why he lost his job, he does defend the legal protection of transsexual people, and points out that they have suffered “deeply rooted prejudices and socially”.
The sentence has been advanced this thursday the country, and recognizes for the first time that discriminating against trans people clashes with the Constitution, although it has rejected the appeal filed by an aerospace engineer who received comments from her superiors for sometimes wearing pants and others wearing a skirt. The company fired her on the grounds that she had not passed the probationary period, and the court gives credence to that argument.
However, the sentence, of which the magistrate María Luisa Balaguer has been a rapporteur, elaborates a defense of the rights of transsexual people against situations of discrimination. The text states that “gender identity is a circumstance that has to do with the free development of personality, closely linked to respect for human dignity.” “When it does not conform to classic hetero-normative parameters, that is, where the gender identity and sex of the person are not absolutely coincident, it can make the individual creditor of a historically rooted position of social disadvantage,” the sentence states.
The Constitutional Court recalls that transsexual people suffer “deep normatively and socially rooted prejudices”, and stresses that the European Court of Human Rights “states with total clarity that the prohibition of discrimination under article 14 of the Convention duly covers the issues related to with sexual orientation and gender identity.
The human rights bill does not specifically contemplate transsexual people, but the court considers that its anti-discrimination precept is “an open clause that allows the inclusion of gender identity among the protected characteristics.”