Monday, October 18

The PSOE internally debates ending the instruction that allows registering children of surrogacy


The PSOE is preparing for the 40th Congress, which will serve to regroup around Pedro Sánchez and the leadership hopes that it will be a calm and unity conclave. However, in Ferraz they already have on the table more than 10,500 amendments to the text of the presentation that the 1,082 delegates will debate divided into five committees. The socialist leadership, led by Adriana Lastra and Santos Cerdán, is working on the analysis of these proposals to see which ones are acceptable or if, on the contrary, there is a “bomb” to defuse, such as the traditional amendment to open the debate on the monarchy. or the republic or the one that proposes the “elimination” of the concordat with the Holy See as opposed to the decaffeinated version proposed by Sánchez’s leadership.

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The issues of equality and feminism have become one of the most delicate issues for socialists and more so after the transfer of the portfolio to United We Can. One of the initiatives that worries before the congress appointment of the next days is the one that pleads to repeal the instruction that allows to register in Spanish embassies and consulates children born in other countries through surrogacy.

Four years ago the debate in the socialist conclave was the position in favor or against this prohibited practice in Spain and the result was a categorical rejection: the proposal to regulate “surrogate motherhood” barely achieved a support of 20% of the delegates of the political commission. “Surrogate bellies represent a commodification of women. The Socialist Party cannot embrace any practice that seeks to undermine the rights of women or girls or underpin the feminization of poverty. Adoption mechanisms must be promoted and facilitated,” he said. then the resolution of the 39th Congress.

In updating its ideology, the PSOE reiterates its position “against the so-called surrogacy, rent of bellies, bellies for rent or rented bodies.” Not even Socialist Youth, who in their last congress were in favor of surrogacy, has raised the debate on its acceptance on this occasion. “We must put the emphasis on companies and agencies that commercialize women’s bodies, and those that act as intermediaries, prohibiting this activity, the result of the instrumentalization of the reproductive function of women,” adds the text of the presentation. But the militancy has proposed going a step further by supporting amendments promoted by the feminist sector of the party against elements that end up making it easier for Spaniards to benefit from surrogacy thanks to the legislation of other countries, such as Ukraine or the United States. , among others.

One of those pieces is the instruction of October 5, 2010 of the General Directorate of Registries and Notaries approved with José Luis Rodríguez Zapatero in the Government that establishes the guidelines so that minors born “as a consequence of a surrogacy contract can be registered in the consular services.” The fundamental requirement is the existence of a judicial resolution from the country of origin.

The promoters of the amendment argue that this instruction is a “hole”, according to the sources consulted, that “de facto allows the legalization of minors born by surrogacy outside our country” – according to the text of the proposal – and by that is why they advocate working to “repeal” it. Sources from the socialist leadership admit that the initiative is complex given that, although they agree in substance, they have to find a wording that does not imply the immediate repeal of the instruction due to the problem that it may pose for those who have already started the process. Thus, they recognize that they will have to propose a generic transaction of the type that there is no benefit of the surrogates abroad or establish a deadline for the repeal of the guideline. “We cannot repeal it tomorrow without proposing an intermediate solution. There is an interest of the minor that must be protected. It must be clear that the objective is to repeal it, but we must establish a transit,” says a leader who supports the measure.

The other proposal to toughen the rejection of surrogate bellies is to clarify the text of the presentation regarding the prohibition of the practice of the agencies that provide this service. “We will propose the modification of the Penal Code for the sanction of mediating agencies and people who carry out this practice abroad or in our country,” says one of the amendments. “Why are we allowing companies to attract or advertise? We propose that we must sink our teeth into those who are promoting these practices,” explains this socialist.

The battle that was fought within the Government in the preparation of the so-called ‘trans law’ is largely transferred to the 40th Congress of the PSOE. There are amendments that propose reopening the internal debate and taking a position against gender self-determination that recognizes the norm promoted by United We Can against others that bet that the party is favorable to it.

Within this framework, a package of amendments promoted by a feminist sector of the party will have to be addressed to “correct in the text the synonymic use made of gender and sex.” “Gender is a social convention and there is discrimination and inequality based on sex,” explains one of the promoters of this debate, who considers that once “the door has been opened to the legal elimination of registered sex” through of the trans law “it is not by chance that an incorrect and synonymic use of gender and sex appears so many times.” In this case, from the socialist leadership they maintain that there will be no problems to substitute those terms when they are not used correctly.

Another proposal is to change the concept “trans” for “transsexual people”. “The generic term” trans “makes transsexuals invisible. It is also a non-specific generic whose lack of clarity threatens the legal certainty required in article 9.3 of the Spanish Constitution,” according to the justification for the amendment. Likewise, they include the elimination of the ‘+’ in the acronym LGTBI as they understand that it is not “descriptive of any specific legal classification”. “The symbol + is legally unstable, undefined and imprecise, which generates legal uncertainty,” they argue.

While the PSOE presentation is committed to ensuring that “trans people” have guaranteed access to assisted reproduction techniques that the Government of Sánchez recovered for single women and lesbians who had been taken away by the PP, the amendments bet on including a generic “regardless of their condition” by understanding that the allusion to trans people “without specifying that it refers to trans-masculine women makes those who have the capacity to gestate invisible and opens the door to interpretations of dubious intentionality since it could be deduced, for example , that trans-feminine persons are guaranteed access to practices such as renting women for reproductive purposes, a practice of exploitation of women’s bodies “.

Transparency in the accounts of Casa Real and public banking

But they are not the only issues on which Ferraz will have to roll up his sleeves. Although the management assumes that it will short-circuit (as in all previous occasions) the republican aspirations, on this occasion amendments have been presented that go beyond the generic commitment to “transparency and accountability” that appears in the presentation with the proposal of a Crown law that the Government has already renounced or an improvement in “the traceability of its budget, unifying it under the umbrella of a single ministry and under specific and unequivocal items of the Royal Household, also rendering accounts of their expenses periodically to the Court of Auditors “. The scandals of the king emeritus will also sneak into the debate at the request of the Socialist Youth, which, contrary to what is defended by the PSOE in Congress, defends a parliamentary investigation commission on the alleged commissions received by the AVE to Mecca.

The socialist bases also ask to go a step further on some economic issues. For example, several federations want to promote a public bank and commit to study the one proposed by UGT and also to establish a tax on large fortunes, which in the case of the programmatic agreement appears as a possibility to study. Autonomous financing – an issue that transversely stresses the PSOE and PP – is also raised both in the presentation and in the amendments, although in a generic way. There are several amendments in favor of fiscal harmonization between communities to avoid the unfair competition that some territories that directly target the Community of Madrid complain about. And it is precisely the Madrid federation one of those that has positioned itself more clearly by stating that “the necessary reform of regional financing must go through the harmonization of bonuses, deductions and tax rates on taxes assigned to the autonomous communities.”

Another issue in which the PSOE has different internal sensitivities will be present in the debate. Despite the fact that the presentation left out bullfighting, to which it made no allusion beyond animal welfare, there are four amendments against bullfighting: two bet on the extinction of this activity and the end of subsidies; another because it is no longer considered culture and another for prohibiting the entry of minors under 16 years of age to bullfighting shows. Again it will be one of the issues in which the management will have to be alert to transact the different positions.



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