• Politics Podemos threatens the PSOE for delaying the Trans Law: "We will not accept that it touches the agreed text"

  • THE WORLD responds Why does this Trans Law violate fundamental rights?

In order not to get lost in the Trans Law debate, the fundamental thing is to know that everything lies in “gender self-determination”.

This means that a person by himself can go to the Civil Registry to change his sex for the other with whom he feels identified -from man to woman or from woman to man-.

It is known as self-determination because her own statement is enough and she does not have to provide any medical or psychological report to prove her condition.

Nor does he have to go through a two-year process of hormone therapy, as he does now.

In short: it implies changing without the intervention of a doctor, without facing any physiological process and without the participation of a third party.

From what age can the change of the registered sex be requested?

The bill proposes that from the age of 16 any person can complete the process on their own.

From 14 to 16 years old, the minor must be accompanied by his parents and if he does not have his consent, a judicial defender will be appointed to resolve the conflict.

From 12 to 14 years of age, gender can also be changed as long as the minor has the authorization of a judge, who will examine his maturity.

Children under 12 years of age cannot change the registration mention of their sex, but they can change their name to adjust it to the gender with which they identify.

Is there a consensus that minors over the age of 14 can change their sex without the intervention of a judge?

No, and that is where the focus will be in the coming days.

The Council of Ministers gave the green light to the Trans Law despite two critical reports that demanded a modification of the process with minors and in which they warned of the risks of the proposed framework.

One was from the Council of State, which held that all minors should have the approval of a judge, and not just those under 14 years of age.

It is the path that indicates to avoid "hasty" and "unsettled" decisions that could have an impact on the development of the adolescent in the future.

The second report was from the General Council of the Judiciary, which stressed that gender self-determination could only be effective from the age of 18, as it also warned that lack of maturity required the protection of the minor's best interests.

Do minors have to take hormones before or after self-determination?

No. Neither minors nor adults.

The law incorporates one of the historical claims of the trans community by eliminating the obligation currently in force to undergo chemical treatments for two years before being able to modify the registered sex.

This also makes the procedure faster.

Any change in physical appearance will be a totally voluntary matter, before or after self-determination.

However, one thing is that there is no obligation and another thing is that a minor is not socially pushed to renew her appearance with hormone treatments or, in a more advanced phase, to go through more drastic physical processes.

How does changing sex affect institutes, locker rooms or bathrooms?

The Trans Law obliges to legally treat the self-determined person as it has been defined with all the consequences and in all situations.

And for that it protects her from suffering harassment or discrimination.

This means that minors who have changed their registered sex will have to use the bathrooms and changing rooms according to their legal status in the institutes or sports areas.

Also adults, regardless of their appearance.

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  • General Council of the Judiciary

  • Justice