Almost every community already has trans laws waiting for state law, frozen for nine months


The so-called “trans law”, which remains frozen due to delays by advisory bodies, has already been promoted by fourteen autonomous communities. Almost all of them already have legislation to protect LGTBI and trans people, since in 2012 the Basque Country became the first to adopt this type of legislation. The Canary Islands were approved last year, passing a new law in July 2021 that changed the law it had since 2014, and La Rioja, which took that step in February. Although Law to guarantee real and effective equality for trans people and the rights of LGBT people Nine months waiting for us to be able to move the processing forward after passing the Council of Ministers.

It was in June 2021, the week of the LGTBI Pride, when the government finally approved the text after lengthy negotiations and tensions it caused between Irene Montero’s Minister of Equality and the government’s first vice-president, then in Carmen’s hands. Calvo and the Ministry of Justice. The text will still have to go through the Council of Ministers before being considered by Cortes, but the General Council of the Judiciary (CGPJ) and the Fiscal Council have not yet published their mandatory reports, even though the deadlines have already expired. The FELGTB, Fundación Triángulo and Chrysallis registered the letter last week and demanded that they stop postponing the law.

“It is urgent for the law to come, it is not possible for each autonomous community to have LGTBI and trans law, and there is no umbrella and no general protection framework,” said Jose Saenz, president of the LGTBI Gylda team from La Rioja. It was the last society to adopt this type of rule “after a long and tedious process,” which lasted seven years. Thus, La Rioja joined 13 more autonomies in February last year; Only Castile and Le ,n, Asturias, Castilla-La Mancha and the autonomous towns of Ceuta and Melilla lack the laws that have seen the light of day in other communities since 2014 just a month ago.

The model is not the same in all of them: some have two different laws, one for trans people and the other for LGTBI, and some have the same text, but generally they implement a range of measures in different areas. They prohibit, for example, therapies to alter homosexuality and transgenderism, and allow trans people to obtain certain rights without meeting medical requirements, including changing their name and gender in documents within their competence, such as a health card or transport. Will pass. They also facilitate the training of health and education professionals and the adoption of protocols in schools to ensure that minors are treated according to their identities when they are named or used in bathrooms and dressing rooms.

While the main demand of the groups is that the norms should not be left in dead letters and should be observed, they believe that the inclusion of the principle of gender self-determination in the texts is a step forward, ie the right of trans people. Must be recognized without the need for medical, judicial or third party approval requirements. This is something that almost all regulations provide for, except in Galicia, where groups are calling for more ambitious regulation, and in Catalonia. The latter, though not a principle as such, does not in practice require these types of conditions from trans people to exercise their rights.

This, gender self-determination, was precisely the main obstacle that arose when negotiating state law, although this principle was eventually incorporated. In other words, trans people will not have to submit to psychological reports or undergo medical treatment to change the legal sex, which is now their responsibility. Within the regional framework, the results are different, as there is no authority to recognize the right to mention gender in the civil registry, but the documentation within its functions must be changed.

“Transgender people can no longer tolerate human rights,” said Sergio Siveiro, president of Diversas, the LGTBI Canary Association. Groups fear the text, which has yet to pass in Congress and the Senate to become law, will be broken. And he urges the institutions to act quickly to “arm” the rights of the LGTBI as soon as possible from the “threat” that agreements between the far right and the right – as happened in Castile and Leon – will be generalized. In fact, Vox has already appealed the Canary Islands regional norm, calling it “aberrant.” Siveiro is convinced: “We are not surprised that they have appealed, because it is the first one that has been approved, because they have 50 deputies in Congress and because it appeals to all regulations that recognize the rights of vulnerable groups, but we are fully. Is convinced of its constitutionality. “

Both Asturias and Castilla-La Mancha discuss bills on sexual diversity, but the situation is different in Castile and Leon. “The process was desperate and the situation of LGTBI people here is completely vulnerable,” said Pedro Azola, president of the Chiguitxs LGTB + Association in Palencia. When collectives began negotiating with the parties to popularize the law, only five communities approved it. Six years have passed and he has not come forward. Now that Vox is in government, the groups are pessimistic, though they hope for “enormous pressure.”

The norm was to be approved by the PP in the last legislature, along with the government and citizens. The groups then returned to take the text of the previous mandate and present it to the PSOE, Podemos, Ciudadanos, IU and UPL. However, Ciudadanos eventually rescinded the text and backed an initiative proposed by the People’s Party from the board, which did not live up to the LGTBI Federation’s expectations. Be that as it may, the text “left in the drawer” condemns Azaola until the election advance allowed the far right to enter the government for the first time.

The popular position on these laws was ambivalent. In some communities they supported it, in others they voted against it. This is the case in the Valencia community, where the PP rejected a law proposed by the government in 2017 led by Socialist Simo Puig. In La Rioja he restrained himself, a position which was repeated by the Ciudadanos, but only a few months before both sides supported the norm in Cantabria or the Canary Islands. The PSOE, in turn, facilitated all such regulations. In fact, Andalusian law was the first law to address the principle of gender self-determination in 2014, along with the PSOE and the IU government.

However, according to the groups, the position of the Socialists in some communities in the months leading up to the transnational state negotiations was conditioned by this conflict and the gender self-determination of the first vice-president of the government. “Here we saw the Trans Law in jeopardy because the law was overdue. Until the Council of Ministers approved it, it did not stop,” admits Jose Sanzi La Rioja, who recently joined the list.

Source: El Diario


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