Vox has filed an appeal for unconstitutionality against the Trans Law because it considers it to be "abhorrent" and "unprotects" women
Vox has presented this Wednesday at the Constitutional Court a resource against the entire Trans Law. The challenge, signed by the parliamentary group, maintains that the aforementioned norm raises numerous reasons for unconstitutionality and what with her "freedom of expression, ideological freedom and even freedom of business are limited in an unbearable way in our rule of law”. This initiative of Vox It represents the appeal number 47 that he presents in the current legislature against all kinds of laws promoted by the Government and approved by the Parliament.
The appeal disputes that the Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people allow the decision of the minor from 12 to 16 years old “without permission or advice from their parents (nor from a medical report and advice) in a matter of such importance as the removal or modification of the genital apparatus”; and he adds that with this not only "prevents parents from exercising their right and duty to guide, advise and accompany their minor children, but also their right to receive that help and assistance”. This is, however, a matter not contemplated in the law, which only talks about the administrative procedures to change the sex and name box in the Civil Registry and does not extend to the health field.
Vox Resource
Vox estimates that the law supposes “the absolute interference of the State in spheres that should remain strictly personal”, because it suggests that the refusal of the parents “to assume uncritically the vision of their children is considered as an indication of risk for the minor”. The challenge is also based on the consideration that "It is not for teachers, editors, or the Administration to determine, but rather for parents (...) the incorporation of materials on LGTBI sexual orientation in school material".
Self determination
The ultra-right also considers the content of article 44.3 of the law particularly serious, since “allows any person to request a registry change of their sex without having to prove anything in this regard, except their mere willingness to do so". Vox considers that this violates the principle of legal certainty, with consequences such as those of "a surprising increase in requests to change the registered sex, among others, in the prison population”. So far, officially, it consists a request to the management of a penitentiary center by an inmate, in Asturias.
Vox considers that the new legislation infringes “the principle of legal security and criminal legality, the right to equality, freedom of thought or ideology, academic freedom" And the expression freedom, "as an institutional guarantee of other rights".
The PP will resort to the Constitutional the 'trans law' to the slipstream of Vox
El PP will also appeal the Trans Law of the Government in the Constitutional Court. The party's legal services are currently drafting the appeal, which they will make public when it is completely ready. The match of Alberto Nunez Feijoo has been very critical of this rule, which together with the law of 'only yes is yes'', constitute the main flags of the Ministry of Equality directed Irene Montero.
In December, with the first approval of the law in Congress (later it went to the Senate and in February it returned to the Lower House for its final green light) the main conservative leaders already launched very harsh reproaches, assuring that they saw "unconstitutional” various issues included in the standard that recognizes the gender self-determination for the first time in Spain.
