Nine UN experts assure that the Spanish gender self-determination system "guarantees legal certainty"
applause of the ONU a Spain by "new feminist legislationpromoted by the Ministry of Equality. Nine independent experts from United Nations They have published a statement in which they celebrate the abortion and trans laws that were finally approved last Thursday.
The letter points out that the reform of the abortion law “has been adopted as part of an ambitious agenda for the progress of Spanish society” and highlights that it guarantees safe access in state health centers, eliminates the so-called processes of “reflexión" taxes "arbitrarily” and allows all women, too lesbians, bisexuals and singlesto assisted reproductive techniques. In addition, they recognize Spain as "the first European country to legislatively introduce menstrual leave".
The “best practice” for legally recognizing trans people
In the letter they also refer to the Trans Law, of which they highlight that it addresses violence and discrimination based on sexual orientation, gender identity and sex characteristics; or that consolidates the egalitarian nature of the rights of the lesbian, bisexual or single mothers, the prohibition of genital mutilation for children intersex, and the adoption of measures to put an end to the practices called 'conversion therapies' perpetrated against people LGTBI.
A law that caused a deep division within feminism and also within the PSOE itself, because a part of both considered that the norm “erase” to women. For UN experts, the law “harmonizes the Spanish system of legal recognition of gender identity through the self determination”, a process that has been recognized by the UN as “best practice”.
In this sense, they point out thatcontrary to some erroneous narratives”, the new system approved in Spain “guarantees legal certainty through the possibility of judicial review, adequately placing the burden of proof on the appellant and on the State, and not on transgender people or other people of a different gender.”. “These laws were adopted through a thoughtful and participatory parliamentary process that took six years, and with the advice of UN experts”, have assured the experts, who have urged other States to follow the example of the Spanish Executive.
Evidence and not prejudice
"Legislative measures such as these address the root causes of widespread human rights violations against women and girls and LGTBI people", they have pointed out, encouraging state and non-state actors to make their "discussions are based on scientific evidence and not on prejudice. The experts have added in the letter in which "these discussions must be shielded from the populist appeal that regressive forces They can see in the exploitation of anti-abortion, anti-education and anti-trans discourses”.
The signatories of this release are Dorothy Estrada-Tanck (President of the UN Human Rights Council), Ivana Radacic (vice president), Elizabeth broderick, Meskerem Geset Techane and Melissa Upreti (of the working group on Discrimination against Women and Girls); Tlaleng Mofokeng (Special Rapporteur on the right of everyone to enjoy the highest attainable standard of physical and mental health); Farida Shaheed (Special Rapporteur on the Right to Education); Alexandra Xanthaki (Special Rapporteur for Cultural Rights); and Victor Madrigal-Borloz (Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity).
