Spain Passes Landmark Transgender Rights Bill, Approves Gender Self-Identification Reforms

In a welcoming move, Spain has set foot in becoming one of the first few nations to allow anyone over the age of 16 to alter their legally recorded gender without the need for medical supervision. On Thursday, the lower house of the Spanish Parliament passed the law enabling individuals to change their gender on their ID card, with 188 votes in support of it and 150 votes against it.

A medical diagnosis of gender dysphoria from several doctors, which is the sense that one's biological sex does not align their gender identity, and documentation of hormone therapy for two years had been prerequisites for applicants up until this point. Minors also needed court clearance.

As per the new law adopted by the Centre-left coalition government, to make the desired change, a judge's permission will be needed for those between the ages of 12 and 13, and parents or legal guardians will have to accompany children between the ages of 14 and 16. Those above 16 can get their legally registered gender changed without the requirement of medical supervision.

'It Seemed It Was Never Going To Come'

Additionally, if signed into law, the measure would impose fines and penalties for assaults on LGBTQ individuals and seek a ban on so-called conversion therapies intended to repress sexual orientation or gender identity. A prohibition against lesbian couples registering their children under both parents' names will also be lifted.

Following a protracted 18-month legislative discussion, it was approved by the lower house. Right-wing opposition groups vehemently opposed it, and it even caused considerable conflict within Pedro Sánchez's Socialist party. They also unsuccessfully attempted to include an amendment requiring court supervision for people below 16 years of age to change their gender, reported Al Jazeera.

Irene Montero, Equality Minister and a member of the Podemos party, claimed during the debate that the legislation "de-pathologizes" trans persons and protects their rights.

The anticipated reforms in Spain would bring a change in the daily lives of many of the group's members, according to Saida Garcia, vice president of the Euforia Trans Family Alliance.

According to Garcia, when your ID doesn't match your identification, it might be problematic to board a bus, go to the doctor, or apply for a job. "We are so happy to get to this point. It seemed it was never going to come," she added.

The Scottish parliament recently supported a law that would make it simpler for people to alter their legal gender. The year 2014 saw Denmark become the first nation in Europe to accept a self-identification system for anyone seeking to alter their legal gender.

🏳️‍⚧️🏳️‍⚧️🏳️‍⚧️Today a new law that protects trans rights has been approved in Spain, after long time of fighting 🫶🏽 🏳️‍⚧️🏳️‍⚧️🏳️‍⚧️

— Faye 🌿 Merry Yule! 🐐🎄 (@monsterswaltz) December 22, 2022

I know most people I interact with here are not from Spain but today congress passed a law that allows trans people to legally identify by their true gender without psychiatric evaluation, hormone therapy or parental approval and I think it was worth sharing 🌈🏳️‍⚧️

— 𝕷𝖚𝖈𝖞 𝕭𝖗𝖊𝖊𝖟𝖊 (@lucyxbreeze) December 22, 2022

Indian Trans Community Celebrates The Move!

"It's of great help as it's not just about getting the certificates to prove your identity, but at times you don't want to go through all this; sometimes trans people don't even think of surgeries or hormones. It's painful for some; it's not affordable for others," said D, a transman from Maharashtra.

He added that it would help the trans community in a way that they can choose their transition journey; they have their freedom now. They don't have to go through things they don't want to to get the correct gender on documentation, he said.

"This is a progressive move," said Rayyan, a transfeminine from Maharashtra. "It allows us to self-identify, which removes traditional moves which existed in India too, where you had to get a gender dysphoria certificate, get HRT, only then would you be allowed to change your gender in your ids."

"As per the Union government's health scheme in India, the government is supposed to provide medical insurance up to ₹5 lakhs which also covers gender-affirming procedures if the individual decides to do so. But that has not happened. There should also have been Garima Grihas for shelter and safety, but that has yet to become a reality," they added.

They explained, "implementation is critical here. It shouldn't happen that since medical supervision is not required by law, the government stops providing it hereafter."

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