2024-10-01 09:00:26
A measure by the National Health Superintendency opens the door for trans minors to access gender change and reassignment procedures. Did this body exceed its functions? The country is divided.
DIARIO DEL HUILA, HEALTH
The recent measure by the National Superintendency of Health that seeks to guarantee the access of trans minors to gender reaffirmation procedures has generated an intense debate in Colombia. The circular, presented as an advance in rights for the transgender population, has been criticized by several sectors, who question whether this organization exceeded its functions by addressing an issue as sensitive as access to medical treatments for children and adolescents.
The circular aims to settle a historical debt with the trans community, which for years has faced obstacles in adequate medical care and access to specialized services. The document establishes 12 guidelines that EPS, IPS, pharmaceutical companies and health secretaries must follow to guarantee inclusive care with a differential approach to trans people. However, the most controversial point is the one that deals with “Trans childhoods and adolescence”. This section recognizes the need for specific care for trans minors, including access to mental health services, sexual education and support for gender affirmation.
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The most controversial aspect of this point is that it opens the door for minors to access medical procedures such as surgical sterilization. The Superintendency assures that its circular is based on ruling T-218 of 2022 of the Constitutional Court, which establishes that gender identity begins to manifest from the age of three. However, the interpretation of this ruling and the application of said procedures to minors has provoked mixed reactions.
Pediatric experts, such as Susana Aguirre Valverde, express their concern about the lack of information and tools that parents have to accompany their children in a gender transition. Aguirre cites studies that indicate that the brain and sexual identity continue to develop until the age of 25, which suggests that minors are not mature enough to make permanent decisions about their identity. Furthermore, recent studies, such as that of Dr Hilary Cass in the United Kingdom, have documented cases of young people regretting initiating gender reassignment processes at an early stage, raising questions about long-term safety and well-being of these procedures.
On the other hand, political sectors, such as Senator Honorio Henríquez of the Democratic Center, have described the measure as “an aberration”, arguing that it violates the rights of children and opposes legal and biological principles. Meanwhile, Congresswoman Lorena Ríos of Colombia Justa Libres denounces that the Superintendency is exceeding its functions, legislating on an issue that should be the exclusive responsibility of the Congress of the Republic.
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However, defenders of the measure, such as psychologist Jonna Corredor, argue that limiting access to these services could lead trans people to resort to clandestine procedures, putting their health at risk. Corredor maintains that the current health system, which classifies services between men and women, excludes people with diverse gender identities, which reinforces the need for differentiated and specialized care.
Luis Carlos Leal, Superintendent of Health and member of the LGBTI community, has defended the circular, pointing out that it was developed with the support of interdisciplinary teams and civil society organizations, and that its purpose is to harmonize the guidelines already established by the Constitutional Court. . Likewise, he clarified that Supersalud does not directly authorize medical procedures, but rather its function is to instruct health entities to form professional teams that guarantee adequate care for trans minors.
Despite criticism, since September 20, 2023, the circular has been in force throughout the national territory. Health entities that do not comply with the established instructions could face administrative sanctions, thus marking a milestone in access to the rights of the trans community in Colombia.