The high court accepts the complaint filed by Más Madrid and Chrysallis against a specific point of the reform of the norm approved in December
The Plenary of Constitutional Court (TC) has accepted for processing the unconstitutionality appeal filed by the Ombudsman in relation to a paragraph of the Law on gender identity and expression and social equality and non-discrimination of the Community of Madrid, known as 'trans law'.
The appellant alleges in his appeal for unconstitutionality that the aforementioned provision could imply a violation of the rights of transsexual minors, of the principle of free development of personality derived from article 10.1 of the Constitution, and the fundamental right to personal and family privacy, protected in article 18.1 of the Magna Carta.
Ombudsman
El Ombudsman has challenged the paragraph that indicates that «To begin pharmacological treatment, it will be a necessary requirement that they previously receive support from child and adolescent mental health professionals, maintained throughout the process and in the event of comorbidity, a favorable report from the professional who is treating the minor for said pathologies will be essential.«. The government of Isabel Díaz Ayuso achieved approval in the Assembly of Madrid of the modification of regional laws trans and LGBTI thanks your absolute majority.
With this reform, the articles that establish what type of discrimination constitutes an infraction were eliminated, and the terms "gender identity»Or«trans people" by "transsexuals" Y "transsexuality«, the International Day against homophobia, lesbophobia, biphobia and transphobia, and the possibility of adapting the regional documentation before modify the ID.
Pathologization
The organ that directs Ángel Gabilondo considers that what was added in the new law «pathologizes minors and violates their rights to privacy and free development of personality«. The article modified in Madrid is developed under the title «Health care for minors» and regulates your right to cross-hormonal treatment at the appropriate time of puberty to obtain the desired sexual characteristics.
This treatment says in the Madrid law that it will only be carried out after an examination by the pediatrician and under the authorization of those who have guardianship of the minor or with the authorization of the judge who replaces them. He Ombudsman understands that the forecasts in this matter of the 'trans law' were sufficient to protect the interest of the minor and points out that «This is a necessary balance to ensure the decisive participation of the minor in decision-making regarding his personal development and privacy, at the same time that he is provided with the tools of support and accompaniment appropriate to his age and maturity.«.
