July 29, 2021

The trans collective asks for the recognition of their identity without going through a doctor – The Province

The trans collective asks for the recognition of their identity without going through a doctor - The Province


The colective trans of the Archipelago calls for the recognition of their felt identity without having to go through a medical assessment to be able to modify their name and sex in the National Identity Document (DNI). From the association Gamá they assure that the Canarian law of 2014Law 08/2014, of October 28, of non-discrimination for reasons of gender identity and recognition of the rights of transgender people – has become obsolete and does not meet the needs demanded by the group. "There are so many aspects susceptible to being incorporated, that the approval of a new text is already urgent. For this reason, last July, different associations presented a draft in the Canarian Government in which all these deficiencies are collected, "says María José Hinojosa, a psychologist from Spectrum.

Among the many objectives pursued by these non-profit groups is the one of free determination of gender. "It is fundamental that there is the right to have an identity, without having to diagnose it, or verify it by a third party," says Hinojosa. Hence, the text that the different LGBTI associations have presented before the Canarian Executive, and that we are working with the Administration, request "that no type of medical diagnosis be required so that a person can initiate the process of changing their name and gender on their DNI".

However, in order to take this step, it is also necessary to modify the state regulations, and more specifically, Law 03/2007, of March 15, regulating the registration rectification of the mention regarding the sex of the people. This norm requires the trans collective to provide a document that certifies their condition, and that also corroborates that the individual has been receiving hormone treatment for at least two years.

The General Directorate of Registries and Notaries announced, just a few weeks ago, the issuance of an instruction to all civil registries with the purpose of facilitating transgender minors the substitution of their name for meaning. So far, it was impossible to carry out this process if the gender change in the document was not included. "This is a big step, but we want to go further," says the member of Gamá.

Following this line, the new law would incorporate great news such as the extension of the definition of the term trans, by not referring only to men and women. "The proposal also refers to the rights of people with a non-binary identity, who do not identify with any of the two sexes, intersex and of those who have a diverse gender expression," says the professional of Gamá.

As regards the possible improvements that can be carried out in the educational field to achieve the integration of this group, Hinojosa says that the current regulation "is very advanced", and does not differ greatly with the reform they propose. He adds that, "this is thanks to the approval of the Protocol for the accompaniment of trans students and attention to gender diversity, which since last year, allows students to make use of their felt name".

But the purpose of the collectives is to extend this protocol to the university framework. "Gamá is taking care of this aspect and we have set up a working group, at the request of the University of Las Palmas de Gran Canaria, to be able to address this issue, "says María José Hinojosa.

In the opinion of the psychologist, the sanitary field is the one that presents the greatest deficiencies. As indicated, in this scenario, "the 2014 law has not yet seen the light", and despite the existence of a clinical guide, "it is not being applied, and instead, a draft dating from 2009 is being used. " Against this background, the groups are joining forces, so that "finally" this guide is approved. "There are many essential aspects included in our draft," says Hinojosa.

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