First modification: 06/29/2021 – 18:31
This June 29, the draft of the law for the real and effective equality of trans people and for the guarantee of LGBTIQ + rights was approved by the Council of Ministers of Spain. With the approval of the draft of the law and the agreement with the partners of the Socialist Government, minors from 14 years of age may change their sex on their national identity documents.
Today is a day of celebration for the LGBTIQ + collective in Spain. After long debates and disputes within the Government led by Pedro Sánchez, the Council of Ministers approved on June 29 the draft of the law “for the real and effective equality of trans people and to guarantee the rights of people LGBTI “.
The news comes in a week of celebrations for LGBTIQ + Pride, after years of struggle by the trans community. The law provides for gender self-determination and allows people to change their sex on the identity document without having to declare themselves ill – as is currently required.
An obligation that generated a lot of psychological pressure on trans people, who do not identify with the sex with which they were born and which, therefore, appears on their identity document. This is the case of Mané Fernández who, like many others, has faced medical issues that treated him as if he were ill because he did not identify with the sex with which he was born.
“I was diagnosed with gender dysphoria, as if I was sick”, the 57-year-old Asturian told the newspaper ‘El País’.
The head of the Equality portfolio, Irene Montero, already celebrated it hours before the vote in the plenary session of ministers, ensuring that the consensus achieved is proof of the “success” of the coalition government.
“Today is going to be a historic day. On the way to the Council of Ministers and Ministers that will approve the Trans and LGTBI Equality Law,” said the United We can policy through social networks.
Today is going to be a historic day. On the way to the Council of Ministers that will approve the Trans and LGTBI Equality Law. #IsLaw🏳️⚧️🏳️🌈✊🏻
– Irene Montero (@IreneMontero) June 29, 2021
Until the approval of the ministers, the so-called ‘trans law’, has generated great tension between the Government and its partners during the last year. And, despite the fact that it is a victory for the LGBTIQ + collective, it still has to go through several phases until its final approval: first it will be analyzed by advisory bodies, then it will return to the Government and finally it must be approved by the Spanish Congress.
The keys to the ‘trans law’
The green light for this draft law implies several changes in the legislation regarding trans people. One of them is gender self-determination: which implies that a person can change the name and sex in the national identity document only according to their will, without the need for medical recommendations and without having to undergo a year with hormones first. .
People over 16 years of age may request these identity changes themselves. And trans people from 14 years old can do so as long as they have the support of their parents or legal guardians. Girls and boys aged 12 and 13 will need judicial authorization.
👏🏾 Spain will finally have a Law that recognizes and protects the rights of trans and LGTBI people.
Thread ⤵️ pic.twitter.com/dM4l1hh4dq
– DG Sexual Diversity and LGTBI Rights (@LGTBIGob) June 29, 2021
The decision has sparked controversy among the most conservative and right-wing sectors in the country. The leader of the far-right party Vox, Santiago Abascal –controversial character for his repeated homophobic comments– He assured that this law ends with the “guardianship of the parents”. Other conservative parties, such as the PP, argued that gender self-determination “generates great legal insecurity.”
This law also includes protection under any parameter of gender equality – for example, if a person who was a man has incurred gender violence, the change of sex to a woman will not exempt him – the prohibition of gender conversion therapies. gender and promoting the hiring of trans women, among other things.
Likewise, the project guarantees lesbians, bisexuals and trans people access to assisted reproduction practices; and modifies the Civil Code so that lesbian and bisexual women can legally affiliate their children without being married.
Criticisms from the feminist movement
Criticisms of the push for this law have not come only from the most conservative stumbling block of the political spectrum. Some feminist associations have demonstrated in various cities of the nation against what they consider a “setback” for women’s rights.
They also asked for the resignation of Montero under premises such as “this government does not represent me.” For her part, the Minister of Equality has defended at all times that progress in trans matters in turn implies progress for the feminist collective and has based many of her speeches on the importance of “mutual support.”
These demonstrations have even generated friction between the LGBTIQ + collective and feminist groups in cities like Barcelona. However, despite the disagreement with some defenders of women’s rights, the achievement for the community continues to be marked as a “giant step” for the minorities that comprise it, especially for transgender people.
The State Federation of Lesbians, Gays, Trans and Bisexuals (FELGTB) has defined the initiative, which would put Spain at the forefront of Europe in trans matters, as the “first step for the rights of the collective to begin their journey”. However, they recall that the road to achieving equality is still long.
With EFE and local media