Aromachildhood

Spanish 12-year-olds can change gender under new laws

Children as young as 12 will be able to change their official gender in Spain under a new national transgender law, which cleared its final parliamentary hurdle on Thursday amid heated debate.

The first transsexual elected to Spain's Parliament, Carla Antonelli, and activists celebrate in front of the Spanish Congress on February 16 - OSCAR DEL POZO/AFP© OSCAR DEL POZO/AFP

Under the law, anyone from the age of 16 will be able to change their status in the official state register by self-identification, without having to provide a psychiatric diagnosis of gender dysphoria.

For children aged 12 and 13 who wish to change gender, a court must approve the move, and 14- and 15-year-olds need backing from parents or other legal representatives.

The law does not change the current situation in terms of hormone therapy, where decisions are taken on a case-by-case basis and and usually not applied until a person is 16.

The legislation, which includes a range of measures aimed at providing equality for all LGBT community members, also bans so-called conversion therapy that seeks to change people’s sexual orientation or gender expression, and guarantees equal access to fertility treatment.

'Gigantic step forward'

“This is as gigantic a step forward as we could have taken,” said Equality Minister Irene Montero from the hard-Left Podemos party, accusing opponents of the law of “transphobia” and “LGBT-phobia”.

Some of the opposition to the law came from members of the Socialist Party, the senior partner in Spain’s coalition government.

Socialist Carmen Calvo, a former deputy prime minister, said the reform threatened to “destroy the powerful battery of equality legislation in our country”, but Ms Montero’s ministry managed to avoid any watering down of the core concept of gender self-identification.

On the Right, the main conservative opposition Popular Party voted against the bill and cited the UK government’s decision to block Scotland’s gender recognition reform as a reason for caution.

'Experimenting with people'

“We can’t be experimenting with people. We don’t want the days to come to see a new and unbearable count of victims,” said the PP’s Pilar Moro.

Under the law, a person who adopts the female gender will be held accountable as a man for any criminal actions perpetrated before their identity change.

Carla Antonelli, who was Spain’s first transgender MP, celebrated the passing of a law she called “fair, necessary and reasonable” after “an excruciating two-year battle” that saw her leave the Socialist Party due to infighting.

Reference: The Telegraph: Story by James Badcock