The Ministry of Equality has drafted new gender recognition legislation which would allow transgender people to self identify without medical intervention in Spain.
The bill, which was introduced last Wednesday, would amend Spain’s current legislation on making legally affirming gender more accessible.
Current Spanish law requires an individual to undergo medical and psychological examination or several years of hormone treatment to have their gender affirmed.
Individuals under the age of 16 would be able to self-determine their name and gender at a registry with a statement removing the need for medical intervention.
The proposed amendments to current legislation are part of an agreement between Spain’s Socialist Party (PSOE) and Unidas Podemos.
Spanish newspaper El Pais reports that the Equality Ministry met with over 20 LGBTQ+ organisations to discuss the amendments.
The proposed amendments to the bill also consider the rights of non-binary individuals with a suggestion to remove gender markers from the relevant certificates in Spain.
Back in November 2019, Irish LGBTQ+ rights groups shared their disappointment towards proposed amendments to the Gender Recognition Act as it fails to fully implement recommendations relating to children under the age of 16 and non-binary people.
TENI and BeLonG To stated, “While welcoming the proposed amendments, we are deeply disappointed that the Government did not take this opportunity to implement all the recommendations in the Review Report.”
They continued the changes marked “a missed opportunity for Ireland to continue to set the highest standard in human rights, with legislation that recognises and protects the human rights and equality of every citizen, irrespective of age or gender identity.”
The much-delayed Trans Healthcare report was finally published on Christmas Eve, 2020, following Taoiseach Micheál Martin’s calling for its publication in the Dáíl in early December.
There had been pressure on the Government not just around the delay of the publication of the Trans Healthcare report, but also following questions about its misplacement – as the Steering Committee had submitted their findings in February 2020.
The Steering Committee makes a number of recommendations in the report including moving support for those under 18 to the Irish health service, developing a clinical governance committee, and to consider revisiting the current model of care.
The HSE has said that most of the recommendations are already in progress, while the report can be read in its entirety here.
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