The Constitutional Court (TC) has decided keep in suspense a single section of the trans law of the Community of Madrid while lifting the suspension of the rest of the articles challenged by the central government, the TC has reported in a statement.
Specifically, keeps the section suspended of that law referring to Transsexual minors who have previous pathologies must obtain a favorable report from the doctor who treats them. to start hormonal treatment. The TC considers that this rule affects the freedom of self-determination of the minor, making it difficult for them to make personal decisions in the transition procedure.
In addition, the full court of guarantees has also agreed maintain the suspension that was decreed against a section of another law of the Community of Madridthat of comprehensive protection against LGTBIphobia, also appealed by the central government, and does so “due to the risk of affecting the fundamental right of effective judicial protection.”
The Constitutional Court admitted for processing in July the Government’s appeals against the trans laws and the protection of LGTBI people in the Community of Madrid and suspended several articlessuch as the one that required trans minors to have reports and psychological support to begin transition treatment.
The central Executive brought various precepts of these two autonomous regulations before the court of guarantees, considering that they violate the Constitution, are contrary to fundamental rights, represent a “pathologization” of minors and invade the exclusive powers of the State.
Now the TC had to rule on whether to maintain or lift that suspension because The five-month period from when the appeal was filed is about to expire.the court recalled.
Thus, the plenary session has unanimously agreed lift the suspension of all the precepts referring to the trans law of Madrid in which the maintenance of the suspension had not been requested by the State lawyerand those about whom no allegations had been made that justified maintaining the suspension.
To said suspension conservative magistrates Ricardo Enríquez, Enrique Arnaldo, Concepción Espejel, José María Macías and César Tolosa have opposedfor which it is a guarantee that does not entail serious harm to the public interest or to the individuals of the recipients of the rule, given the importance of the decision to undergo hormonal treatment and its irreversibility, details the TC in a statement .
The first four have announced their intention to formulate a dissenting opinion, while the judge Maria Luisa Balaguer has announced a concurrent private vote.
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