The new Law is one of the most advanced on trans rights in the world, but leaves out the recognition of non-binary people
What has been left out of the law
Both the Ministry of Equality like rights organizations LGTBI Those who promoted the norm wanted to include other rights in the parliamentary process that, in the end, have been left out. Notable among them is the recognition of non-binary people. During the debates, the idea that the DNI did not have a box for sex, or to include a third box, but it eventually decayed.
Another of the measures that has not been modified is that relating to the registered change of sex of minors under 12 years of age. LGTBI groups wanted the measures to be extended to minors, but that measure also ended up being outlawed. The topic was not included eitherintragender violenceo» to name the violence suffered in the relationships of people LGTBI.
On the other hand, although the law recognizes the person trans migrants, they are forced to prove that the gender registry modification is not legal or is de facto impossible in their country of origin so that they can modify this data in the documents issued by our country.
LGTBI organizations welcome the progress made in the regulation, but recognize that it is the first step to ensure the rights of the entire group and that they will be alert for its implementation.
Law for the Real and Effective Equality of Trans Persons and for the Guarantee of the Rights of LGTBI Persons
With 188 votes in favor, 150 against and 7 abstentions, the Bill for the Real and Effective Equality of Trans Persons and for the Guarantee of the Rights of LGTBI Persons, better known as Trans Law was approved yesterday in the Congress of Deputies. The new standard recognizes the gender self-determination and develops a series of measures to guarantee the people rights LGTBI.
Among them, the free sex determination in the Civil Registry by the mere will of the person from the age of 16. Minors under 12 years of age will not be able to make the registration change, but they can change their name on the DNI and be treated by the desired name. The despatologization of the trans condition, as agreed by the World Health Organization. The rule also includes an article whereby acts of sexist violence committed before the sex change are registered they cannot be evaded.
In addition, bans corrective surgery on babies and intersex minors (those whose sexual characteristics are not clear at birth) up to 12 years of age. It also prohibits all conversion therapy that is aimed at modifying orientation, sexual identity or gender expression. The norm obliges to promote the study and research on the health needs required by LGTBI people and especially trans people.
Filiation and assisted reproduction
It recognizes the filiation of the children without the requirement of marriage and stipulates that the "the non-pregnant parent» you can register it. The law restores the ability of these women to undergo assisted reproductive techniques with the same advantages as heterosexual couples.
Anti-harassment protocols
It also contemplates measures for equal treatment and non-discrimination in the workplace, as well as the need to call for aid and subsidies to promote the employment of this group. It obliges companies with more than 50 workers to have a set of measures that guarantee the equality of LGTBI people, as well as to have protocols against LGBTIphobic bullying in the company. The norm includes a whole series of measures to guarantee that the State guarantees comprehensive and specialized care for the group, which must include psychological and legal assistance.
'Sexilio' and rural environment
The text includes a proposal for a more extensive article for LGTBI people in the rural area, so that public administrations guarantee "effective equality in access to resources and services for LGTBI people in rural areas, under the same conditions as people residing in urban environments". And also "the study of sexile", What is it "the abandonment of LGTBI people from their place of residence due to rejection, discrimination or violence, especially in rural areas".
