Post by account_disabled on Feb 20, 2024 9:08:23 GMT
As provided in the Explanation of Reasons of Law 4/2023, of February 28, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, the objective of the same is to develop and guarantee the rights of lesbian, gay, bisexual, trans and intersex people (hereinafter, LGTBI), eradicating situations of discrimination, to ensure that in Spain sexual orientation and identity, gender expression, sexual characteristics and family diversity, with complete freedom.
One of the core issues that the aforementioned law contemplates is the right to change the registration of the mention of sex . Specifically, art. 44 regulates the procedure for Fax Lists registry rectification, which is initiated upon request by the interested party at any Civil Registry Office. Surprisingly, no medical or psychological report is required, nor is the person's appearance previously modified through medical procedures.
The law provides for a double appearance system and the passage of up to four months from the first appearance to the final resolution.
Article 46 establishes the effects of the registry change, recognizing the person the benefits of the positive action measures adopted in favor of women for those situations generated after the registry change becomes effective, but not with respect to legal situations. prior to the registry rectification.
That said, the law came into force on March 2, and in the intervening months, controversial cases in application of it have already been published in the press .
Leaving aside the controversy, and dealing with it from a strictly legal point of view, the truth is that the application of the merited regulatory text, as far as the registry change is concerned, can cause an obvious fraud of law that the Administration must avoid, and to do so, the adoption of protocols or measures aimed at this is unavoidable.
One of the core issues that the aforementioned law contemplates is the right to change the registration of the mention of sex . Specifically, art. 44 regulates the procedure for Fax Lists registry rectification, which is initiated upon request by the interested party at any Civil Registry Office. Surprisingly, no medical or psychological report is required, nor is the person's appearance previously modified through medical procedures.
The law provides for a double appearance system and the passage of up to four months from the first appearance to the final resolution.
Article 46 establishes the effects of the registry change, recognizing the person the benefits of the positive action measures adopted in favor of women for those situations generated after the registry change becomes effective, but not with respect to legal situations. prior to the registry rectification.
That said, the law came into force on March 2, and in the intervening months, controversial cases in application of it have already been published in the press .
Leaving aside the controversy, and dealing with it from a strictly legal point of view, the truth is that the application of the merited regulatory text, as far as the registry change is concerned, can cause an obvious fraud of law that the Administration must avoid, and to do so, the adoption of protocols or measures aimed at this is unavoidable.