The Fiscal Council endorses the system of age brackets for legal sex change
El Fiscal Council endorses the system of age brackets for the change of legal sex provided for in the trans law, which limits judicial intervention in cases of children under 14 years of age. This is reflected in the report on this rule that was approved on September 14 by the main advisory body of the attorney general. The document supports the main aspects of the text designed by the Ministry of Equality, which continues to generate discrepancies in the feminist movement and the coalition government.
The Equality text recognizes that trans people may request before the Civil Registry the modification of the legal mention to your sex without having to provide psychological reports or the obligation to take hormones for two years, which are the requirements established by the legislation in force until now. They will, yes, have reaffirm the decision after three months. In general, it allows the change of legal sex from the age of 12 in different sections: from 16 without requirements, between 14 and 16 with the consent of their legal representatives, and between 12 and 14 by judicial authorization.
This system of age brackets, which limits judicial intervention to cases of minors under 14 years of age, was one of the issues that generated the most debate at the meeting of the Fiscal Council. The text finally approved considers “justified” the option of “specify ages" for the sake of "legal security". "The other option, which would be integrated by the empowerment of minors for whom sufficient maturity is proven, opens up undesirable spaces for insecurity, also taking into account the difficulty of assessing this concept.”, says the text.
The document underlines that minors “have the right to have their gender identity respected” and points out that “as they become more mature, they should be heard and recognized as having a greater capacity for self-determination, especially when it comes to the exercise of personality rights".
The text is already in the Congress, where it will be processed expressly through the urgency procedure. Last August, the Minister of Equality, Irene Montero, said that his will is that both this rule and the abortion law "be a reality before the end of the year".
Stability in disagreement
The report of the Fiscal Council also consider "vision"The"removal of the requirement for medical treatment” to proceed with the change of legal sex provided for in the draft. However, he states that “simultaneously” could remain the need for “prove the stability in disagreement with the sex mentioned in the birth registration". "This solution would preserve the intended purpose of depathologization and at the same time would help to satisfy the requirements of legal certainty and general interest.”, maintains the opinion.
24 amendments to the Trans Law
La Trans Law is one of the projects that have caused the most discrepancies between the partners of the Coalition government. The aforementioned gender self-determination was the main stumbling block. The PSOE claimed that legal sex change in the DNI not be allowed based on the free will of the person concerned. Finally, the socialists accepted the formula included in the project, which establishes that the person has to reaffirm their decision after three months before the Civil Registry in a kind of period of reflection.
However, a sector of the party is pressing to include changes in this precept during the parliamentary process. The standard has the rejection of part of the feminist movement (if they can be considered as such), which she believes may harm non-trans women. That is why last Tuesday they presented at the Congress of Deputies 24 amendments to the Trans Law considering that "interferes with the rights won by women«.