Transgender law
THE so-called transgender law has been passed in Spain in February 2023.
The main objective of the present law is to develop and guarantee lesbian, gay, bisexual, trans and intersex (hereinafter LGBTI) people’s rights by eradicating situations of discrimination, in order to ensure that sexual orientation, sexual identity, gender expression, sexual characteristics and family diversity can be enjoyed in full freedom in Spain.
The present law shall apply to any natural or legal person, whether public or private, residing, staying or acting in Spanish territory, whatever their nationality, racial or ethnic origin, religion, domicile, residence, age, marital status or administrative situation, under the terms and with the scope contemplated in this law and in the whole legal system.
Likewise, it states that sexual and reproductive awareness campaigns and campaigns for the prevention and early detection of sexually transmitted infections will take into account the specific needs of LGBTI people, avoiding any kind of stigma or discrimination.
The public administrations, within the area of their responsibilities, shall promote sex and reproductive education programmes and programmes for the prevention of sexually transmitted infections, with special consideration for the human immunodeficiency virus (HIV) in sexual relations, as well as campaigns to destigmatise people suffering HIV. Information campaigns on prophylaxis will also be implemented, especially among young people.
In relation to change of sex and its registration in the Public Registers, the law states that the request for the initiation of the procedure for registration of sex rectification may be submitted by the legitimated person to the person in charge of any Civil Registry Office.
The exercise of the right to amend the mention of sex registration may under no circumstances be conditioned to the prior presentation of a medical or psychological report on the non-conformity with the sex mentioned in the birth registration, nor to the prior modification of the appearance or bodily function of the person through medical, surgical, or other procedures.
After the inclusion of the amendments or of the register records, the authorities shall proceed to issue a new identity document, and in its case a new passport at the request of the person concerned or their voluntary/legal representative, in accordance with the amended entry in the register. In any case, the national identity card number shall stay the same.
The person concerned or his voluntary/legal representative may request the reissue of any document, title, diploma or certificate in accordance with the amended registration, from any public or private authority, body or institution, whatever its nature.
In the reissuing of such documents, the authorities, bodies and institutions that issued them at the time shall guarantee, in all cases, the proper identification of the person in whose favour the mentioned documents are issued, and where applicable, reissuing a duplicate with the same national identity number or the same registration code as the one appearing on the original.
Regarding those foreigners who can prove that it is legally or de facto impossible to effectuate the rectification of the sex and, where appropriate, the name in their country of origin, provided that they meet the requirements of legitimacy established in this law, except that of being in possession of Spanish nationality, they may request to the competent authority the amendment of sex and the change of name in the documents issued to them.
The public administrations, within the scope of their respective competences, will have to enable procedures for the adaptation of the documents issued to foreigners legally residing in Spain, in particular for those who effectuated the corresponding registry amendment in their country of origin.
Likewise, the law states that public administrations, within the scope of their competences, shall adopt the required measures to guarantee LGBTI minors their free personality growth and physical integrity, in accordance with their sexual orientation and identity, gender expression or sexual characteristics, as well as the material and affective conditions that allow them to live in dignity and achieve maximum wellbeing, valuing and considering as essential the best interests of the minor in all actions and decisions that concerns them.
Violations in terms of equal treatment and non-discrimination on grounds of sexual orientation and identity, gender expression or sexual characteristics are classified as minor, major and very serious infringement, depending on the nature of the obligation breached, and conduct to penalties ranging from €2001 to €150,000, in addition to other measures which, in the case of serious infringements, can lead to the closure of the establishment where the discrimination has occurred for a maximum period of three years, provided the offender is the person in charge of this establishment.