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Trans Law and Possible Elimination


14 June 2021 - 09:01
Last updated: 11:02

For months now, we have seen the sweep that has taken place in the Congress of Deputies around the adoption of a law that gathers and protects the rights of trans people, and it is a surprise.

It has become clear that behind this debate are the partisan interests and the ambition to play a leading role, which is of little benefit to those who defend it. The position of the PSOE is clear: Seen from Navarra, we do not understand the position he has shown if we remember what the PSN proposed and defended in the processing and approval of the LGTBI+ law of Navarra. The LGTBI+ Law of Navarre contains a broad section on the rights of trans people: the right to self-determination of gender for all people.

Faced with this attitude of uncertainty (or strategic positioning), they have joined the groups that defend that the law will suppose the elimination of women. However, this has not occurred in countries where there are laws that collect the right to gender self-determination. The right to self-determination means that no one should tell a woman whether or not she is. Not even a man.

"We made serious progress when a law was passed which stated that the intervention of genitals in the transit of legal rank was not mandatory. Now is the time for real depathologization."

We have seen curious alliances; we have also seen little to say about the true systematic elimination of women throughout history under the yoke of patriarchy: women erased in science, erased in the educational curriculum of the History of Philosophy in which there is not a single woman, erased in decision-making bodies, erased in fundamental rights, erased in language...

EHGAM-Nafarroa joins the demand for a trans law of gender self-determination and defends its state character, since the Navarre law, however good it may be, is short on concrete and important rights.

When the Navarre law was passed, the State threatened to appeal if it was not clear that: "The legal personality of the data subject shall not be modified until the registration regulated in Law 3/2007 of 15 March is completed". No autonomy can modify the information about the gender of the person in the record. This right is legalised in Madrid.

Last March 17, we recalled that only 3 years ago transsexuality was removed from the list of mental illnesses, in which it was considered a gender dysphoria issue. Not to leave behind the provisions of Law 3/2007, which regulates the correction of records, is an action of institutional violence against trans people, as it includes the recording correction of the mention of the sex diagnosed of gender dysphoria among the requirements of the decision, for which it must be credited by medical report or clinical psychologist, but it is also asked for a two-year medication to approach the social expression of gender that demands. In other words, they are treated as people with mental disorders and who need medication.

We made serious progress when a law was passed which stated that the intervention of genitals in the transit of legal status was not mandatory. Now is the time for real depathologization, to see it as an inalienable right of all people. Nobody tells us who we are.

We ask the PSOE, we demand consistency, to defend in Madrid the right it has upheld in several Communities.

For the sake of real equality, we will continue to collaborate with the groups of trans people both on the streets and in the institutions. And this road we're going to do next to transfeminism.

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