Sánchez gives the green light to the Trans Law after two years of tortuous processing inside and outside the Government: these are the key points

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

• Trans Law Denying the rental to an LGTBI couple will be fined up to 150,000 euros

The

has approved the

, a project of the

that wants to introduce "gender self-determination" into Spanish legislation for the first time, which is a concept that has sectors of feminism at war.

This means that a person will be able to officially change their sex with the sole declaration of it in the Civil Registry and without being forced to provide medical reports or witnesses or having to undergo, as now, a two-year hormone period.

It will be like this from the age of 16, although it can be achieved much earlier with the help of parents.

With 14 and 15 years, parental consent is required and with 12 and 13 years, the intervention of a judge is required.

This is so because transsexuality is depathologized, that is, these people will no longer be considered "sick".

Therefore, this is the main reason that justifies that no psychiatrist or a third party intervenes in the process by which a person processes before the administration his change from man to woman or from woman to man.

In its passage through the second round of the Council of Ministers, on the eve of

, only "technical changes" have been introduced but "nothing substantial" has been touched on the text that was seen just a year ago.

Now the bill will be sent to the Congress of Deputies, where it is expected that an intense debate will be opened again for what is and what is not in the norm.

And it is that the Trans Law has always been surrounded by controversy because gender self-determination unleashed an intense war within feminism, which continues today, and also between the PSOE and United We Can, now calmer.

That battle ended up being won by the Minister of Equality, Irene Montero, over the then First Vice President,

, thanks to the final intervention of

to unclog the law.

A month later Calvo was dismissed in a Government remodeling.

A year later, the bill finally gets the green light from the Council of Ministers and ends with a tortuous process inside and outside the Government that has lasted for almost two years.

It has been a time in which enormous resistance and strong criticism have been encountered from the classic feminist sectors, historically more closely related to the PSOE, who denounce the "erasure of women", an open door to law fraud and a danger to minors. .

Similarly, the regulation also unanimously received a highly critical report from the CGPJ after examination.

For example, he asked that the possibility of changing sex without judicial approval be raised to 18 years of age.

However, the Ministry of Equality has ignored these observations and has only changed technical issues of the wording in the text.

Both those provided in that report by the judges and those that the Council of State has also made.

On the other hand, the Trans Law has a substantial part dedicated to the rights of the LGTBI collective, with measures such as the prohibition of conversion therapies, as well as a system of sanctions to guarantee their protection and non-discrimination.

This is how you change gender

How can you change your gender? A declaration will suffice.

The trans person only has to go to the Civil Registry to carry out the procedure.

There an official will give her a form to declare her will to change the gender of birth: from male to female or vice versa.

It is then that on the paper he writes what her new name is.

The official will inform her of the legal consequences of her act and will provide her with additional information on social organizations that can provide support if she needs it.

Within a maximum period of three months, the trans person will be summoned again to the Civil Registry to ratify their request for a change of sex and to state that they persist in the decision that they had already expressed.

With this second citation, the process acquires the condition of having a double appearance,

something that in the eyes of the Government offers legal certainty. Should you prove in some way what is the expression of your identity? No, and that is one of the most relevant aspects of the law.

No medical report or witness statement is required to substantiate your condition.

That is why it is called gender self-determination, because it depends on personal will and not on third parties.

This was a point of strong friction with the PSOE, which did want at the time to demand some type of requirement or accreditation so that it was not a mere declaration.

However, Irene Montero won Carmen Calvo in that battle after winning the support of Pedro Sánchez.

On the other hand, the trans person must not take hormones two years before the request, as is required right now.

The process is therefore

a personal statement in which there is no third party intervention.

This is what the supporters of the law and the trans community celebrate, that no one will "examine" or "subjugate" from outside to "determine" what their expression of identity is.

A step that they consider makes them "equal" to the rest. How long does the entire gender change process last? Once the double appearance before the Civil Registry has taken place, the change becomes official in one month.

Therefore, from the start of the process until it becomes official, the maximum time has to be four months. What if the person wants to rectify? There is a reversibility process for a period of six months, a time in which to be able to return to the original genre.

How do you prevent someone from continually changing their sex? After six months of sex change, people can only recover their previous gender in the judicial sphere, through voluntary jurisdiction.

This is to prevent legal fraud and provide legal certainty. At what age can you change your sex?

, you go to the Civil Registry and follow the method already explained.

, the process is the same but the minor must be accompanied by their parents or guardians, they need their consent, and in case of dispute with them, a judicial defender will be appointed.

, the modification will be made only with judicial authorization and at the request of the parents or guardians.

Children

They cannot change their sex, but they can change their name, without witness proof, which will allow them to have numerous educational or sports rights. Do I have to take hormones at some point? No.

It is neither a requirement to request a change of sex, nor is it mandatory once it has been completed.

There will be freedom to take hormones or operate, but access to all these health services is governed by regional laws. Why does the law depathologize trans people? Trans people are no longer considered sick people legally.

For this reason, a medical or psychological report is not required to prove that the person has been diagnosed with "gender dysphoria".

There is talk of "depathologizing trans identity",

allowing the registration change of sex without being conditioned by the presentation of a report or the modification of physical appearance. How will they compete in the field of sport? The change of sex is for all purposes.

Therefore, in the category of their new sex and under the sports regulations that control, for example, the level of testosterone in athletes.

The spirit that guides the Trans Law establishes that people who change their gender must be treated based on that identity in all areas.

For example, in the use of bathrooms and changing rooms in educational centers;

in sports or in prisons.

Measures for the LGBTI collective

The project of the Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people merges two texts that were going to go separately but that finally go together.

That is why the law covers a multitude of issues related to

.

Some highlights are as follows:

• Prohibition of conversion therapies

Reconversion, aversion and counterconditioning therapies, in any form, intended to modify the person's sexual orientation or identity or gender expression will be completely prohibited and heavily fined.

• Assisted reproduction

Lesbian, bisexual and single women will once again have access to assisted human reproduction techniques after 7 years without access to this right in the National Health System.

• Filiation of children in lesbian couples

Lesbian and bisexual women will be considered biological mothers even if only one of them has given birth.

Until it comes into force, the non-biological mother had to go through an adoption process.

• migrants

The entire package relating to foreigners disappears from the law, when in the draft it was possible to change the mention of sex and name on the residence card or work permit.

• intersex people

Fundamental rights for intersex people are legislated for the first time, such as the right not to suffer any mutilation at birth or not to have to be registered in a sex that they do not define during the first months of life.

• diversity education

The inclusion in the basic curriculum of knowledge and respect for sexual, gender and family diversity as an objective in all educational stages, as well as training in the subject for all teachers.

Sexual and reproductive education and STI prevention programs will be promoted, with special consideration for HIV.

• There is no "non-binary" gender

Equality wanted to include a third box to recognize the "non-binary" gender, for those who do not feel neither men nor women.

But pressure from the PSOE made it disappear from the draft.

However, the debate on the third box will surely be reopened during the processing of the text in Congress and the Senate, where the law has a lot of support but also a great desire to include improvements.

• Protection against discrimination and violence

There is a system of infractions and sanctions in order to protect LGTBI people against discrimination or violence.

Whether in the workplace, in sports or leisure.

-

: Fines from 200 to 2,000 euros.

Harassing a person because of their sexual orientation or causing damage to property belonging to the LGTBI community, such as premises or license plates.

Likewise, those who do not collaborate in the investigative work of the inspection services will be sanctioned with this amount.

-

: Fines from 2,001 to 10,000 euros.

Do not withdraw the vexatious expressions on websites or social networks of the provider of an information society service, incorporate clauses in contracts that are discriminatory or vexatious;

the promotion or tolerance of discriminatory labor practices and the absolute refusal to collaborate with an inspection task.

-

: Fines of 10,001 to 150,000 euros.

Those who harass and discriminate will be sanctioned in this category.

For example, with criteria or conditions that prevent access to employment or, for example, if a trans person or a gay couple is denied rental housing.

Likewise, this chapter includes the refusal to provide assistance to an LGTBI person;

the dissemination or promotion of conversion methods or therapies;

or the preparation, use or dissemination in educational centers of textbooks and teaching materials that discriminate against this group.

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Know more

• PSOE

• Minister council

• Irene Montero

• United We Can

• transsexuality

• LGBTI