Transsexuality (or trans people) is the state of someone who feels the opposite sex to their biological sex at birth. It develops from adolescence and although it affects only 0.5% of citizens, it is a minority that feels very marginalized.
In Spain, prior to legislation recognizing transsexuality, Supreme Court case-law established the possibility of registering a gender reassignment with the civil registration office, provided that this dispute was accompanied by a definitive and permanent medical certificate. declared surgical operations of the sex and genitals, but added a slogan (which no one claimed or argued) that the change would be for all purposes other than marriage. He presented himself to Alicante’s civil registration office, for which I was responsible, in 1993, as a trans man who wanted to marry his girlfriend and could not marry his boyfriend either because it was long before gay marriage law. With the affirmative opinion of Prosecutor Felipe Briones, I decided to approve the marriage because otherwise it would violate the constitutional principle that every man and woman has the right to marry. Learning of this decision, the General Directorate of Registries accepted these arguments and changed its criteria.
Later, it was felt that transgender regulation was necessary and not just precedent, and transgender supporter Carla Antonelli was crucial in passing the 2007 law that recognized the possibility of changing registered gender on up to three conditions. She said she is a minor, has a medical or psychological certificate for the dysphoria in question, and has been on hormone therapy for two years. However, the Constitutional Court declared the adult restriction unconstitutional, as it excluded adequately mature minors who were in a stable state of transsexuality.
Later, the European Court of Human Rights demanded that gender registration change be guaranteed without any prerequisites such as medical certificates or hormone therapy. Achieving the so-called right of gender self-determination, i.e. a simple declaration of a person in the population register, was sufficient to alter the registration of sex and name for all purposes.
So we have several European countries with gender self-determination legislation, starting with Norway, Iceland and Denmark in 2014 and continuing with 6 more EU countries. Similarly, in Spain a law on gender self-determination, sometimes imposing judicial or parental consent, was enacted in 14 more Communities, the first of which was the Community of the Basque Country in 2012 and the Community of Valencia in 2017. , no, it was not possible to legislate on the change in the civil registry, since its legislation was under the exclusive jurisdiction of the State.
And to this end, the Council of Ministers recently passed the draft “Law on real and effective equality of trans people and guaranteeing the rights of LGTBIs”. Basically, it refers to the right of gender self-determination, and “The exercise of the right to rectify the word about gender is in no way conditional on any report or hormone”. From the age of 16 the declaration is free, from the age of 14 to 16 it requires parental consent or the appointment of a legal defender, from 12 to 14 it requires judicial authorization.
There is strong debate among feminist groups, some led by former vice-president Carmen Calvo and traditional feminists, alongside the right, who have declared that they will abolish it when Feijóo is led, and is fiercely criticized by another group of young feminists. defended him under the chairmanship of equality minister Irene Montero and the Podemos group. I believe that the right to self-determination of the male or female sex, and not gender reassignment, as it is generally said as a biological issue, will be increasingly imposed in legislation, thanks to the universal principle of free development of the personality.