“It is not acceptable that in order to access any medical or surgical treatment it is necessary, in all cases, that this unit certifies the condition of trans. With what right do these professionals decide who is trans and who is not?” the ESK union criticized. “The first interview of a psychiatrist does nothing to de-pathologize the reality of trans,” he added.

Along the same lines, the groups Lumagorri, Anitzak and Loratuz Atxiki have denounced that questioning their identities in the Gender Identity Unit is systematic: “It questions our right and autonomy to decide about our bodies. This paternalization of unity to trans people and our identities takes away any autonomy”.

It is requested that as a requirement to receive hormonal treatments a “service that does not establish the gender misogynic role” be offered and that the first endocrine consultations be held that take into account the health status of the person, possible contraindications and the secondary consequences. That is, they have called for the complete elimination of the psychiatric pathway and that psychological assistance or the psychiatrist “be done only if the person requests it”.

Cruces Response

The management of the Cruces Hospital has responded to the lawsuit and has ensured that they "comply with the law" and "do not exclude". “When a person is sent to the Gender Identity Unit, the first consultation is in endocrinology, not in psychiatry, until the age of 15 in pediatrics. They look at each case and ask for tests. Psychological support is provided throughout the process and then hormone treatment is started.”