Changes coming to gender self-determination laws in Spain

Spain looks headed to have a new law that would significantly alter the legal provisions for transgender people. Although regional regulations have existed for some time allowing individuals to change their name and gender on their ID without gender-reassignment surgery, this would be the first nationwide piece of legislation and with more far-reaching implications; an earlier attempt, subscribed to by all the groups in parliament, was suspended by the 2019 flash election.

The major change in the draft bill contemplates gender self-determination as a right to exercise which individuals over 16 will not be required to provide evidence of medical diagnosis. 16 is also set as the age of consent for hormone treatment.

The bill as planned would guarantee respect for a student expressing their gender identity at their education centre, and having access to its facilities according to their gender identity.

Other specific provisions are established for your people of between 12 and 16 (with a “legal defender” named on behalf of the minor if their family objects to their desire to change their legal registration), assisted reproductive treatment, prisons, etc.; and the right to gender self-identification is extended to foreigners, regardless of their legal situation.

The news has been widely reported in the Spanish media as details of the draft bill have emerged. For an English translation of a recent piece in El País, click here.

This post contributed by the Spanish team of Asunción, Guadalupe, Rosa and Rafael.