Key Highlights of New Gender Reform Laws of Spain and Scotland 2022
New Gender Reform Laws have been passed by Scotland and Spain for making the process easier for their population to change their legally registered gender without the requirement of any medical supervision.
Spain-
- The new gender recognition law in Spain requires minors aged between 12 and 13 years to obtain the authorisation of the judge in order to make changes to their gender.
- People that belong to the age group of 14 and 16 years should be accompanied by their parents or legal guardians.
- As per the new legislation, any person applying for a gender recognition certificate must have lived full-time in the declared identity for a duration of three months (6 months for people aged 16 and 17 years).
- The rule previously required an individual to have lived full-time in the declared identity for two years. In some cases, it was mandated to provide a proof that authenticated the individual to be living for two years as the gender they identified with or submit records showing they have taken the hormones.
- Up until now, the transgender population in Spain are required to undergo the gender dysphoria diagnosis which refers to the psychological condition of not feeling a match between one’s biological sex and gender identity.
- The Bill cuts down the minimum eligibility age from 18 years to 16 years. The Bill also proposes a 3-month “reflection period” during which the applicants get time to change their minds.
- The Bill allows individuals aged 16 years and above to make changes in their legal gender markers without any medical supervision.
- A ban that prevented lesbian couples from registering their children under the name of both the parents has been overturned by the Bill.
- It proposes to ban the conversion therapies which aim to suppress sexual orientation or gender identity. The bill also seeks to impose fine and punishments on individuals who attack people that belong to the LGBTQ community.
Scotland’s Reform Bill-
The Scottish government on the same day as that of the government of Spain passed a Bill to make it easier for people to change their legally recognised Gender.
With the passage of the gender recognition reform, Scotland has now become the first region of the UK to approve a self-identification process for changing gender.
What is the concept of gender self-identification?
Gender self-identification is the concept that permits a person to legally identify the gender of their choice by simply making a declaration, without facing any medical tests.
The system for gender self-identification has eagerly been demanded by transgender people across the globe, including India due to the rampant discrimination against them.
Other countries to have adopted self-identification laws include Ireland, Argentina and Denmark to make it easier for the population to change to make changes in their gender.
Scottish government too aims to make sure it is easier for people as young as 16 years of age to make changes to their legally recognised gender.
The Scottish Bill also has similar features as that of the bill introduced by the government of Spain.