Monday, December 5

The PSOE proposes that in the trans law minors between the ages of 14 and 16 must ask the judge for permission to change their legal sex


That minors between 14 and 16 years of age require judicial approval to change their legal sex on the DNI and that passing through the judge is also necessary in case they want to recover the registration mention prior to the modification. They are two of the amendments that the PSOE plans to present to the Trans Law, which has opened a gap within the party and among the Government’s partners. The proposals, advanced by The country and to which this medium has had access, will be registered next Monday after the last extension of the deadline, so there may still be last-minute changes.

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The Socialists advanced that they would not touch on the issue of gender self-determination of trans people, that is, that they can change their legal sex without requirements, based on their free will. They leave this part as it is in the text that came out of the Council of Ministers last June, but only for the case of adults. As far as minors are concerned, they do suggest a change: they propose that those between 14 and 16 years old cannot modify the registration mention only with the authorization of their parents, as the law now says, but that an authorization is necessary through the Voluntary Jurisdiction Law.

This is the formula that already provides for the norm for those between 12 and 14, but the Socialists ask to extend it to all those under 16 years of age. In addition, the PSOE proposes that this same route be the one required in case of reversibility, that is, for people who, having already changed their legal sex, want to recover the previous one. The current wording provides for this mechanism for the third change, but the formation is committed to making it imperative in the second.

The trans law already stipulates what the procedure would be: the competent one will be the Court of First Instance of the applicant’s domicile. It will not be mandatory for there to be lawyers or solicitors. The file will be of “preferential processing” and will begin with the minor’s request, which must be accompanied by “documentary or testimonial means” that prove that his disagreement is “stable.” The judge will summon the applicant, his legal representatives and whomever he deems appropriate to appear, may request the evidence he deems necessary and will decide “on the granting or denial” taking into account the best interests of the minor. In the case of reversibility, the process is practically the same.

Another of the modifications proposed by the socialists via amendments is related to intra-gender violence, which occurs between people of the same sex. The article that addresses this issue establishes that these victims will have the same labor and Social Security rights that exist for victims of gender violence, included in the 2004 law. The PSOE wants to avoid this comparison and therefore eliminates this provision and It establishes that they will be able to request “the reorganization of their working time, geographical mobility and the change of work center from their employers, who will attend to the request based on their organizational possibilities”.

Study the impact of “sexile”

There is another series of issues contemplated in the law that the Socialists want to expand. This is the case of the measures related to the rural area, among which they propose the launch of campaigns to make the LGTBI group visible and prevent violence, as well as the promotion within the framework of the Sectorial Conference on Equality of measures aimed at adapting the law to rural areas with special attention to “discrimination due to LGTBIphobia”. They also suggest the creation of a Network of Municipalities for Equality and Diversity.

One of the amendments specifically addresses what is known as “sexile”, the abandonment of the towns of origin of LGTBI people due to suffering rejection or discrimination. The proposal establishes that within a year from the approval of the norm, data will be collected on this “migration of LGTBI people within Spain”, and taking into account this information, sexile will be considered as a “cause of depopulation”. ” within the framework of the measures promoted by the Government to stop it.

Obligation to companies

In the field of employment, the PSOE wants companies with more than 50 workers to be obliged to have measures and resources to achieve LGTBI equality, with a protocol against harassment due to LGTBIphobia. And it stipulates a term: 12 months from the approval of the law. In addition, it proposes to guarantee that in the employability and insertion plans for people at risk of exclusion, there are positive action measures to favor the stable hiring of trans people, especially trans women.

Other suggestions go through guaranteeing the training of those who work in social service centers or programs for older LGTBI people and that the administrations promote “activities that take into account” their reality in community spaces and resources, such as day centers. In the field of health, they plan to introduce the development of specific gynecological care protocols for lesbian and bisexual women. In addition, they propose measures with the aim of promoting LGTBI tourism or that LGTBI information programs in the educational field have the participation of associations of mothers and fathers (AMPAS).

The socialists also propose that trans women in a situation of prostitution be beneficiaries of the social and labor resources contemplated in the law of only yes is yes and that, although “there is no sexual exploitation”, they can also access this type of resources contemplated in “plans or measures for victims of sexual violence, trafficking or sexual exploitation carried out by public administrations”.

In addition, they propose several measures to try to prevent homelessness among LGTBI people and to promote studies and research that address this specific reality. With regard to youth, the PSOE proposes, among other things, that there be training in LGTBI diversity for mediators, monitors and youth trainers.



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