The new Spain's "Trans Law" 🏳️‍⚧️ is historical. It doesn’t only improve rights for trans people but also for lesbian cis-women and intersex people.

I haven't read much info about it in English and I believe it’s such a good Christmas 🎁 for the LGBT community so I'll explain it 👇

👉 Gender self-determination

The registry change of the name and gender in the ID will happen by judicial endorsement at ages 12—14; by the legal representatives' consent at ages 14—16; and free from the age of 16. It was already regulated in 15 out of 17 regions of Spain

👉 Depathologization

The text eliminates the medical requirements that until now were necessary: 2 years under hormones and a medical or psychological report that endorsed the existence of gender dysphoria, a term no longer accepted by the scientific community

👉 Conversion therapy ban and fines

Fines up to €150,000 to the promotion or practice of aversion or conversion methods and therapies, whether psychological, physical or through drugs that are intended to modify the sexual orientation, sexual identity or gender expression

👉 Children of unmarried lesbian couples or trans men with capacity to gestate

They will be able to proceed to the non-marital affiliation by declaration of agreement in the same terms as in the case of heterosexual couples.

Until now, in Spain, for the biological mother's unmarried partner to be able to appear as the child’s parent, they had to adopt them, which meant a processing time during which this second parent had no right or obligation to the child

👉 Rights for intersex people

The norm prohibits all those practices of genital modification in children under 12 years of age, except in cases in which medical indications are required to protect the health of the person.

👉 LGBT people in rural areas

Equality in access to services for LGTBI people in rural areas, in the same conditions as people residing in urban areas.

Study and data collection of the LGBT migration from their local residences due to rejection, discrimination or violence.

Source in Spanish by
El Pais: https://elpais.com/sociedad/2022-12-22/el-congreso-aprueba-la-ley-trans.html

Bonus track:

This is the emotional video when the Spanish parliament approved the Trans Law, this past Thursday. 🥹👏

https://twitter.com/rtvenoticias/status/1605924538708946944

El Congreso aprueba la ‘ley trans’ con apoyo del PSOE pero con la abstención de Carmen Calvo

Con 188 votos a favor, 150 en contra y siete abstenciones, la norma deberá ahora pasar por el Senado

El País

Edit: Many people are asking about "gender dysphoria being a term no longer accepted by the scientific community".

I think the original source (El País) refers to WHO removing ‘Gender Identity Disorder’ from their diagnostic guidelines:

https://www.openaccessgovernment.org/gender-identity-disorder/65852/

I'm not an expert in the topic, so sorry if I mix terms. I'm just trying to translate as better as possible to English.

WHO removes 'Gender Identity Disorder' diagnosis

The World Health Organization (WHO) removed 'Gender Identity Disorder' from their guidelines; so Trans individuals across the world should not be dismissed

Open Access Government

@marinaaisa Yo hablo de oídas nada más. Creo que antes la disforia se entendía como que tu mente estaba mal porque no aceptaba el sexo de tu cuerpo, es decir, trataban el ser trans como una enfermedad.

Ahora creo que se usa disforia para referirse a que sientes que tu cuerpo no es como tiene que ser, pero se considera una cosa a tratar más sobre el cuerpo, no como un problema mental.

En el fondo es lo mismo pero reconociendo la identidad de género como algo no patológico. Creo

@marinaaisa I seem to recall that gender dysphoria was removed but distress due to gender dysphoria remained on the DSM.
@marinaaisa
Utterly joyous. This is wonderful - to see Spain and Scotland joining countries like Argentina, Denmark, Iceland and Malta shows that #trans people's #HumanRights can be respected and celebrated.
@marinaaisa so happy so happy🙏🙏awesome!
@marinaaisa Thank you so much for providing this info, Marina. Spain always seems to be so far ahead of the rest of the free world, when it comes to LGBTQ+ issues.
@marinaaisa I have read several news stories since I saw this post, and have seen nothing about intersex rights. (Possible the news just doesn’t care enough to report on it). Do you have a source for this?
El Congreso aprueba la ‘ley trans’ con apoyo del PSOE pero con la abstención de Carmen Calvo

Con 188 votos a favor, 150 en contra y siete abstenciones, la norma deberá ahora pasar por el Senado

El País
@marinaaisa thank you for sharing this!! I didn't know about the intersex clause, that's wonderful to hear 🥲🥰 we tried to get this included in the legal change in Iceland a few years back but due to pressure and lobbying by doctors it was removed 🤬 do you have an idea of how effective this will be? I wonder bc often doctors will make up a medical reason for intersex surgeries that sound necessary even when they are not needed at all 😖
@villiljos I wish to know more about this topic but I don't, sorry. Thanks for your interest tho! I'm glad you liked it :)
@villiljos @marinaaisa
the text machine translated says "All those practices of genital modification in persons under 12 years of age are prohibited. Except in cases where medical indications require otherwise in order to protect the health of the person"
@villiljos @marinaaisa I skipped the caveat it gives for those over 12 for brevity, my source is this pdf from 11 days before passing, they didn't ammend it so it should be the same https://www.congreso.es/public_oficiales/L14/CONG/BOCG/A/BOCG-14-A-113-1.PDF page 31
@villiljos @marinaaisa I spoke with a citizen (i'm an immigrant and so spanish legalese is a bit weird to me), and they're pretty sure "indicaciones medicas" means impediments to the draining of biological fluids or the child being in pain, and similar things, and anything ridiculous would open the doctor up to being sued when the kid turns 18+15 years (statute of limitations)

@amymagdalena @villiljos @marinaaisa the criteria here would be set by the college of medicine, basically the licensing body, based on evidence-based research. Ultimately the courts get to decide in the case of a malpractice suit.

That being the case, unnecessary operations are not the norm here, due to much of the healthcare being public, and so resources are managed to avoid that. Specifically, circumcision on any set of genitals is not the norm.

@moof @amymagdalena @marinaaisa the problem for intersex people is that their genital mutilation has always been approved, even mandated by colleges of medicine all over the world even though they're completely unnecessary & even when they mean lifelong medical interventions such as hormone replacement therapy that would otherwise not have been needed. The medical community at large seems convinced these are necessary regardless of any evidence to the contrary😔
@amymagdalena @marinaaisa thank you! That sounds like it's pretty fail safe and difficult to misinterpret 😁 hopefully doctors are also getting informed about how unnecessary these surgeries are, it's truly ridiculous how many of them seem convinced of their necessity 😵‍💫
@marinaaisa oh that’s fascinating. Does it apply to circ*mcision as well? (I’m not sure about here, but on the birdsite you can’t mention the word without getting deluged by spammers.)
@Muppetk There isn't text search of Mastodon (not easily or built in) so you don't have to worry so much about that. Some people might have it filtered out, but that's not going to be a problem.
@ariaflame *blink* I hadn’t realized that!! Thank you! Huh, that’s going to make it harder to find my own past posts but that might be worth the greatly reduced trolling!
@Muppetk @ariaflame Use #hashtags if you want people to find a post, or to find what’s been posted on topics of interest
@tolortslubor @ariaflame good point, thank you! I mostly used hashtags for humor or for letting people mute a topic easily in the other place. Using them so that I can find something again makes a lot of sense! ❤️
@Muppetk I believe that practice is not common in Spain, but good question
@marinaaisa does this ban circumcision in Spain? I hope so. However, taking pleasure away from men is not entirely a bad idea.
@kumarvibe Circumcision in Spain is only performed in case of medical necessity (in case there's some actual medical problem caused by the foreskin)
@marinaaisa - ooh, I didn't realise "gender dysphoria" had been deprecated. What terms are preferred now, please?

@ChazBrenchley @marinaaisa

I'm a US-American trans person and didn't think that gender dysphoria is "a term no longer accepted by the scientific community" either. Maybe this is a translation issue? If it just means that a diagnosis of gender dysphoria is no longer necessary for a legal change of gender, that I could understand.

@funcrunch @ChazBrenchley @marinaaisa This was also news to me, but it seems ICD-11 (which came into effect this year) uses the term "gender incongruence". DSM-5 still uses "gender dysphoria". https://en.wikipedia.org/wiki/Gender_dysphoria?wprov=sfla1
Gender dysphoria - Wikipedia

@GPHemsley @funcrunch @ChazBrenchley @marinaaisa That is a preferable term, since dysphoria implies a psychological problem that can be "fixed" with therapy or medication.

@funcrunch @ChazBrenchley
good catch! I think the original article in Spanish should be referring to ‘Gender Identity Disorder’ diagnosis instead of gender dysphoria. I just translated it.

More info: https://www.openaccessgovernment.org/gender-identity-disorder/65852/

WHO removes 'Gender Identity Disorder' diagnosis

The World Health Organization (WHO) removed 'Gender Identity Disorder' from their guidelines; so Trans individuals across the world should not be dismissed

Open Access Government

@marinaaisa @funcrunch @ChazBrenchley The old law definitely speaks about gender dysphoria:

1. La rectificación registral de la mención del sexo se acordará una vez que la persona solicitante acredite:a) Que le ha sido diagnosticada disforia de género.https://www.boe.es/buscar/doc.php?id=BOE-A-2007-5585

BOE.es - BOE-A-2007-5585 Ley 3/2007, de 15 de marzo, reguladora de la rectificación registral de la mención relativa al sexo de las personas.

@antonia @ChazBrenchley @funcrunch

What is the difference between "Gender Identity Disorder’ and "gender dysphoria"? I'm asking because I don't really know.

Thanks for your time.

@marinaaisa this is great news! do you know how many/which gender markers are available? wondering about the possibilities of self-id for nonbinary people.
@marinaaisa found the answer to my own question. it doesn't include nonbinary options: https://www.openlynews.com/i/?id=7bdd645d-cd4d-49b5-95c2-fe678c51d544
#abolishgendermarkers
Trans activists in Spain hail self-determination bill 'triumph'

Self-determination bill expected to become law in 2023 Anyone over 14 could change gender without ...

OPENLY

@marinaaisa worth noting “gender self-determination” here is limited to a binarist choice between two letters and nothing else, but it’s still an improvement due to the aforementioned

also yes, there’s a weird tendency to not talk about Spain in the news no matter how important it is, it sometimes feels like a bit of a conspiracy but 

@xerz it's not the first time that I heard about Spain not being on the news in the US or UK. I have no idea why this happens but maybe due a historical conflict with England?

@marinaaisa

I've seen such dramatic change in Spain over my lifetime from a far right dictatorship to a progressive, liberal nation with a vibrant civic society.

@Jollyspaniard agree! but it's important to remember than before the dictatorship there was the Spanish Second Republic which was super progressive too.

That's why the civil war started, because of the fascists who rase up against the Second Republic. I recommend this film a lot: https://www.youtube.com/watch?v=h6SAcAled8k

WHILE AT WAR Trailer | TIFF 2019

YouTube
@marinaaisa Thank you so much for posting this! It’s made our morning!! 🏳️‍⚧️
@marinaaisa this sounds wonderful. I hope this spreads to more of the world soon🏳️‍⚧️🏳️‍⚧️🏳️‍⚧️
@marinaaisa
Thank you for this thread. It warms our hearts that we have been able to move to Valencia in 2022! We joined the rally that called attention to the requirements for the teens, but overall it seems like such great progress!
@marinaaisa what the hell, I wanna live in Spain now!
@marinaaisa legit if i wasn't trying to plan surgeries i would be making serious moves to join you in barcelona >_>
@QuietMisdreavus most of surgeries for trans people are covered by the public Spanish Health Care System I believe. I don’t know if that changes anything 😅 I want you in Barcelona tho 🤗

@marinaaisa @QuietMisdreavus Welp, there’s no such a thing as the “Spanish Health Care System”, as post-Aznar almost every autonomy has their local system, and e.g. here in Castilla-La Mancha there’s no public healthcare whatsoever.

Here’s the autonomies that DO grant SRS afaik:

  • Andalucía
  • Madrid (might not do it for much longer but hey)
  • Catalonia
  • Euskadi
  • Valencia
  • Aragon
  • Asturias
  • Extremadura

@marinaaisa @QuietMisdreavus Welp, there’s no such a thing as the “Spanish Health Care System”, as post-Aznar almost every autonomy has their local system, and e.g. here in Castilla-La Mancha there’s no public healthcare whatsoever.

Here’s the autonomies that DO grant SRS afaik:

  • Andalucía
  • Madrid (might not do it for much longer but hey)
  • Catalonia
  • Euskadi
  • Valencia
  • Aragon
  • Asturias
  • Extremadura
  • Canarias

Might also get forwarded to another autonomy if you live at e.g. Navarre, from some quick double checking

@xerz @QuietMisdreavus You are right, public health care is an autonomy competence instead of national one. When I say "Spanish Health Care System" is just a simplification.

All the 17 autonomies have public healthcare competences, I don't understand why you say Castilla-La Mancha doesn't.

https://sanidad.castillalamancha.es/

Servicio de Salud de Castilla-La Mancha

@marinaaisa @QuietMisdreavus what I mean is that Castilla-La Mancha has no active gender clinics (even if there’s one on paper), no HRT and no SRS, so 0 trans healthcare – sorry for the ambiguity!