Wednesday, May 18

The report of the Judicial Power considers that the Trans Law can discriminate against non-transsexual women and asks for more controls


The draft report that the General Council of the Judiciary will study on April 20 on the Trans Law criticizes some of its fundamental aspects and requires, in general, more controls on the process of changing sex before the Civil Registry: the speakers They specify that “they do not question the right to sexual identity” but they do object, for example, to the fact that minors between 14 and 16 years of age can change their reference in the Civil Registry only with the endorsement of the presence of their legal representatives. The members also point out that some articles of the measure imply “indirect discrimination” against non-transsexual women. And he cites, for example, sports as one of those situations.

The delays of the Judiciary and the Fiscal Council paralyze the processing of the ‘trans law’

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The report understands that the Trans Law has precepts that “contradict the fundamental right to equality (art. 14 CE) to the extent that they promote the undesired effect of generating situations of positive discrimination and, therefore, discrimination that is generally indirect. of those people not contemplated in its subjective scope of application, especially significant with respect to non-transsexual women”. They also point to “dark aspects and certain dysfunctions” and recommend that the Law manages to “guarantee that the modification of the registration mention of sex will not allow the evasion of obligations and responsibilities towards victims of gender violence in order to prevent the occurrence of fraudulent situations.

The report gives as an example the measures related to sport, a point in which “it considers it essential to introduce the necessary precautions” so that sports competitions do not involve “discrimination against non-transsexual female athletes.” Something that he justifies by pointing to “the difference in existing physical conditions and the physical superiority of transsexual women compared to those who are not”.

The speakers are concerned about the consequences of trans people “being able to exercise all the rights inherent to their new condition” after changing their legal sex “as a general rule”. Effects “that paradoxically can lead to situations of discrimination against women and, therefore, contrary to equality,” says the draft, naming the sport or the mandatory physical tests to access some professions.

The draft of the report has been distributed to the members and will be voted on April 20 in an extraordinary plenary session. The four speakers explain that it would be convenient for the right to rectify the registration mention of the sex of minors between 14 and 16 years of age to be subject to criteria such as “sufficient maturity” and “stability in the transsexual situation”. The judge, he says, must have “the appropriate reports” and they recommend that it be done through a voluntary jurisdiction file, as is the case with minors under 14 years of age.

They also charge against the drafting of certain aspects that, say the members, can lead to discrimination against non-transsexual women in sports. It calls for “introducing the necessary precautions in order to prevent the practice of sports activities from leading to discrimination against non-transsexual female athletes, taking into account the reality of the difference in existing physical conditions and the physical superiority of transsexual women compared to the which is not.”

In addition, he understands that the effects that changes in the civil registry may have present “dark aspects and certain dysfunctions.” They ask that the articles guarantee “that the modification of the registry mention of sex will not allow to avoid the obligations and responsibilities towards the victims of gender violence in order to avoid fraudulent situations.”

“Free determination of gender identity”

The blueprint that the CGPJ is now studying was approved in June last year by the Council of Ministers, a norm that introduces modifications in the Civil Code, the Law of Civil Procedure, that of Contentiousness, that of the information society and voluntary jurisdiction , among other. The main measure is to reflect and recognize the “free determination of the gender identity of trans people” through a double appearance in the Civil Registry. An appearance without means of proof or witnesses in which people will express their disagreement and request for change through a form.

This appearance and request will have to be confirmed three months later. It is a procedure that can be started by people over 16 years of age alone and over 14 years of age if they are accompanied by their legal representatives. In the case of those over 12 years of age and under 14, the procedure to change the registered sex will be through Voluntary Jurisdiction. The bill also includes the possibility that minors under 12 years of age can change their name in the Civil Registry.

The bill also includes measures such as allowing lesbian, bisexual and single women to have access to assisted reproduction techniques, regulating the filiation of the children of couples formed by two unmarried women and prohibiting conversion therapies aimed at the LGTBI group.

This regulation, promoted by the Ministry of Equality directed by Irene Montero, also promoted measures to favor the access of trans people to the labor market, an improvement in the health care that the group receives and reflected the inclusion of respect for sexual diversity in the curricula. educational. It also launches state strategies to promote “real and effective equality” for trans people.

Reporting delays

As reported by elDiario.es in recent weeks, the report that the Council will debate on April 20 has suffered delays since the executive submitted the draft on December 15. The Equality norm was sent so that the report was carried out by the urgent procedure, which gave 15 days to the governing body of the judges to issue and vote on its opinion, a term that has been missed for more than four months. The same happens in the case of the Fiscal Council.

In these months, the department headed by Irene Montero has addressed it on several occasions, between January and March, to demand speed from the governing body of the judges. Equality, through the Ministry of Justice, sent several pressures and shortly after Carlos Lesmes, president of the CGPJ, announced that he was advancing the study of the report to an extraordinary plenary session on April 20, eight days before the ordinary monthly plenary session.



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