The CGPJ unanimously approves the report critical of Irene Montero's Trans Law

• Trans Law An official will change the gender of the minor who requests it with the new Trans Law

The plenary of

approved its mandatory - but not binding - very critical report on the Draft Law for the real and effective Equality of trans people and for the guarantee of the rights of LGTBI people" of the

Unanimously, the members of the governing body of the judges consider that the bill can generate discrimination against non-transsexual women.

The text of the councilors

and

qualifies as "commendable" the purpose of the preliminary draft of guaranteeing equality and avoiding discrimination, but lists their doubts regarding the fact that a "comprehensive and transversal" law would be the appropriate, necessary and proportionate tool to achieve the goal of protecting trans and LGTBI people.

The Council maintains that the legal text of Equality contains provisions that contradict the fundamental right to equality contained in article 14 of the Constitution to the extent that they promote the "unwanted effect of generating situations of positive discrimination and, therefore, discrimination generally indirect of those people not contemplated in its subjective scope of application, especially significant with respect to non-transsexual women".

On the other hand, regarding the principle of legal certainty, the Judiciary recommends greater specification in aspects of the rule as essential as those referring to the consequences in marriage derived from transsexuality, the fixity of marital status or the clarification of rights after the reversal of the mention of sex in the Civil Registry after a previous modification.

The preliminary draft considers all persons over 12 years of age to be entitled to request the rectification of their sex and, from that age, it establishes some specific conditions that vary depending on the age group in question.

Thus, the request for change of sex in the Civil Registry may be made without any limitation by those over 16 years of age;

will require the assistance of their legal representatives in the case of minors between 14 and 16 years of age;

and judicial approval, after processing a file of voluntary jurisdiction, in the case of minors between 12 and 14 years of age who show the necessary maturity and the stable will to proceed to the registry rectification of sex.

In the case of minors, the best interests of this group must always be taken into account.

On this point, the CGPJ warns that when the bill legitimizes minors between 14 and 16 years of age to request the rectification of the sex registry without further conditions than the assistance of their legal representatives, it does not comply with the principle of special protection of minors. of age and, in terms of proportionality, with the special primacy of their best interests.

The members consider that this minimum requirement is not enough to protect the interest of minors included in that age group who lack a sufficient degree of maturity or whose transsexual situation is not stabilized.

The governing body of the judges recalls that the Constitutional Court has established that in these cases (lack of sufficient maturity or stabilization of transsexuality) the protection of the best interest of the minor justifies the restriction of constitutional principles and rights.

Conforms to The Trust Project criteria

Know more

• General Council of the Judiciary

• Irene Montero

• Justice