The differences within the Government regarding the Trans Law once again swell a new chapter this week. The Ministry of Equality has once again tried to take it – together with the LGTBI Law – to the Council of Ministers on March 9, but from the First Vice Presidency they consider that “it is not yet ready.” Sources from the department of Irene Montero, who promised to approve the preliminary projects during the first fortnight of February, have once again accused the PSOE of “blocking again” the processing of both texts, as it happened a couple of weeks ago. The vice-presidency continues to think that the Trans Law does not have “the necessary legal certainty”, because some issues have yet to be “finished adjusting”, mainly related to minors and gender self-determination, which is the main focus of the conflict.
From medical diagnoses to self-determination: this is how other European countries regulate the legal sex change of trans people
Equality sources affirm that the ministry “has not received any proposal for change” with regard to the gender self-determination of trans people “or contributions or observations” that “justify the blocking of the process,” so it has returned to request that the preliminary projects be included in the agenda of the Committee of Secretaries and Undersecretaries (CGSEYS), which is the first step for the issues to be submitted for approval by the Council of Ministers. This commission usually meets on Thursdays and it discusses and prepares the issues that will go to the Cabinet meeting. However, sources from the socialist part of the Government assure that last Thursday they transferred to the Ministry of Equality that it would not be included in the agenda of the ‘council’ considering that there are issues to be polished.
The negotiation of the rules, which have generated a huge gap in the Executive, has become entrenched and there has been no progress since at least 15 days ago, when the ministry first requested the inclusion of the drafts in the Commission of Secretaries and Undersecretaries . Already then, from Equality they showed their “capital surprise” by the slowdown, and in Moncloa they pointed out that the texts should have “normative quality and legal certainty” and be processed “taking into account the contributions of the concerned ministries.” The department headed by Irene Montero defends that the drafts have been in the hands of the rest of the ministries since last February 4. A little over a week earlier, on January 25, Montero and Calvo met for the first time to work on the texts. It was then that the first argued that the standard would be approved in the first fortnight of February while from the vice presidency they assured then that the intention was to carry it out “as soon as possible”, but they avoided setting a specific date.
“We cannot send the message to LGTBI people that their rights are blocked and they can wait,” explain sources from the Ministry of Equality, who recall that the passing of the issues through the Commission of Secretaries and Undersecretaries is “essential” so that ” the texts are discussed and approved in the Council of Ministers, and for the public hearing process to begin, in which civil society, the Autonomous Communities participate and in which the government ministries also continue to participate “.
The heart of the conflict is specifically in the gender self-determination of trans people. The Equality proposal is practically traced to the presentation that all the groups supported in Congress in 2019 and that the PSOE itself had presented two years earlier and stipulates that the legal sex change is based solely on the “express declaration” and without requirements doctors as currently required. However, socialists consider that some certification is necessary beyond the “mere will or desire” of the person. Calvo’s department is analyzing the standards that exist in other countries, such as that of Portugal, which establishes that the registration modification can be made only on one occasion and can only be the subject of a new request “prior judicial authorization”, in addition to requiring the person to modify the DNI within a period of 30 days from the change, or the Danish, which establishes a period of “reflection” of six months.
However, the issue not only raises controversy within the Government, but is the subject of a deep and virulent debate in the feminist movement. One sector considers that these laws have “harmful consequences” for women’s rights, according to the Alliance against the Erasure of Women in a letter sent to Carmen Calvo two weeks ago, asking her to bet on keeping the medical reports and psychological as a filter. A type of requirements that trans and trans groups consider pathologizing and a paradigm that several international organizations claim to overcome. Just last saturday Hundreds of people called by groups of trans people gathered in front of the Ministry of Equality to call for “gender self-determination now!” and demand the end of the psychological diagnoses to which the law continues to oblige them.