2024-01-23 20:35:18
MONDE – The Catalan government has started the public hearing process for the future Catalan transgender law in order to “protect and consolidate” the rights of transgender people. In this sense, the text directed by the Department of Equality and Feminisms establishes that the opinion of minors aged 12 to 16 must be “respected” in matters relating to health care, such as diagnosis or medical treatment. The preliminary regulation drawn up by the government specifies that, if the adolescent’s decision is not shared by his legal guardians, they can “resort to mediation”.
The comprehensive bill on the recognition of the right to gender identity and expression, which is currently in the public information phase, will allow interested parties to make allegations and participate in the development of the law until February 9.
The legislation recognizes the right to gender identity and expression of transgender people. It establishes a set of public policies aimed at guaranteeing these rights across various aspects of society, whether in the public or private sector, and at all stages of life, whether during childhood , adolescence, youth or old age.
Access to care and recognition of gender identity from age 12
Regarding minors, the law affirms their right to express their opinion and participate in the decision-making process, subject to sufficient maturity to form their own judgment. Before the age of 16, the consent of the minor and their parents or legal representatives is required. In the event of parental opposition, mediation is provided. After the age of 16, parental approval is no longer required. The text underlines the importance of respecting the opinions of minors, particularly those aged 12 to 16, and encourages mediation in the event of decisional disagreement.
Other measures included in the law are the recognition of access to public care for this group — minors and adults — in an irregular administrative situation, and “the right of access to assisted procreation techniques for all trans people and those having gestational capacity. The future law will also require that administrations use people’s name and gender identity. In addition, it will require the addition of a third box for non-binary gender in official forms.
Priority accommodation and sports inclusions
The Catalan government must develop a program to address the situation of transgender people expelled from their homes because of their gender identity or facing a lack of stable housing. The legal text, written by Tània Verge (Minister of Equality and Feminism of the Government of the Generalitat of Catalonia), directs public authorities to facilitate access to temporary accommodation services for those who find themselves without alternative housing , exposed to violence or at risk of being victims of it.
The text also recognizes the right to benefit from guaranteed citizenship income for young transgender people aged 18 to 23 experiencing violence because of their gender identity.
In the sporting field, the bill stipulates that regional competitions will welcome trans or intersex people under the same conditions as other participants, in accordance with their declared identity. In addition, all sports facilities must provide them with access to toilets and locker rooms corresponding to their gender identity.
The Catalan government, through its proposal of 55 articles, is also considering sanctions against transphobia and intersexophobia, which could reach 500,000 euros.
Parental authority, social influences and consistency of autonomy thresholds
This new trans law obviously raises questions, mainly with regard to adolescents aged 12 to 16. This phase of life, marked, in general, by great instability and significant physiological and psychological changes, calls into question the ability of young people to make decisions as crucial as those related to their gender transition. And the prospect of using mediation to resolve disagreements between adolescents and their parents calls into question parental authority. Parental consent remains essential. Autonomous decision-making at an early age may not reflect the complexity of identity issues. Concerns about adolescents’ emotional and mental stability during this critical time raise many questions about the best approach to family disagreements.
Social pressures and fashion phenomena can also exert a significant influence on the choices of young people, raising questions about the solidity of the motivations behind such approaches. It is important to emphasize that decisions related to gender transition, often irreversible, can lead to profound psychological consequences. In the event of regrets, these steps can plunge young people into a depressed or even suicidal state.
The inconsistency of laws, authorizing gender change at 12 while access to alcohol is set at 18, highlights the need for a more logical approach to determining thresholds for autonomy and decision-making. …
In the Catalan Parliament, Esquerra Republicana (independence republican left), with only 33 deputies out of 135, will have to count on the support of the Catalan Socialist Party (33 seats) or Junts, the conservative Catalan liberal party (32) for its law to have a chance to come into force. However, with the end of the current legislature approaching, in a year at the latest, the approval process risks falling through before the next regional elections.
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