The development of Trans and LGTBI laws is progressing. The Minister of Equality, Irene Montero, competent in the matter, and Carmen Calvo, First Vice President of the Government, held the first working meeting on Monday with the texts of the regulations, still in the draft phase, as confirmed by sources from both departments to elDiario.es. The two laws are part of the government agreement that the two partners promised to promote, but they have unleashed a tough confrontation between the two formations and also within the feminist movement, which has conflicting positions.
The Equality forecast, sources from the department point out, is that the two laws be approved jointly by the Council of Ministers during the first fortnight of February, and thus the legislative process begins, but since the first vice presidency they do not close any deadline for your momentum. “You are going to work as fast as you can. It was a first work meeting,” they say in Calvo’s surroundings. As head of Equality of the PSOE, the vice president signed a PSOE argument made public in summer that was critical of the gender self-determination of trans people, one of the pillars of the norm that Equality prepares. From the socialist ranks they are in favor of depathologization, but they insist on the need to give legal guarantees to the process of modifying sex in the Civil Registry.RELATED
Sources from the ministry led by Montero are “prudent” and emphasize the “harmony” that has occurred in this first meeting, while highlighting the consensus on “guaranteeing LGTBI and trans people rights as soon as possible,” they add without entering in details. The regulations, which provide for the deployment of a range of measures against LGTBIphobic discrimination, “have been worked on during the last year with various experts in the field and with the groups involved” and “have a clear legal guarantee”, they emphasize.
For their part, in the first vice presidency of the Government, they frame the meeting in the normality of relations within the Executive – “it is usual for ministers to see the draft bills with her in her capacity as coordinator of legislative action” -, and they assure that it has been “a first work meeting”. Thus, they avoid ruling on whether there has been an approach in the main points of disagreement: “They have not descended to the details.”
In the PSOE they are aware of the discomfort that the proposal causes in an important sector of feminism, specifically with regard to gender self-determination, which implies eliminating the medical requirements that the State requires of trans people to modify their sex in the Civil registration. Against this a part of feminism is positioned, which argues, among other things, that authorizing it implies the “loss of protection of specific rights against oppression for reasons of sex.” Something that also defended the argument signed by Calvo and other socialist leaders. “Legal certainty is very important,” they warn from their department.
The law that Equality is working on, for which trans people have historically fought, plans to modify the one currently in force, of 2007. This requires them to have a psychological report that diagnoses them “gender dysphoria” and to have been at least two years in hormonal to change its registration mention. A process that many describe as “pathologizing” and a paradigm, that of considering transsexuality as a disease, that several international organizations have asked to overcome. In fact, nine communities in Spain have approved regulations in recent years that eliminate these requirements for their areas of competence. On all occasions, with the support or impulse of the PSOE.
The last chapter of the confrontation in the Equality space between both Government partners occurred a few days ago regarding the Law of Equal Treatment, which together with the Trans and LGTBI Law forms the package of legislative measures against discrimination agreed by both . The PSOE registered the regulation in Congress in the form of a bill, but it did so alone. United Podemos accuse the socialists of “not having the government partner or the Ministry of Equality”, while the former deny it, assure that it was agreed to promote it now, and say that Unidas Podemos has not transferred “the reasons” for those who do not sign it.