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Ley Trans
The Ley Trans (lit. 'Trans Law') is a 2023 law that permits gender self-identification in Spain. The law allows individuals to change their legal sex, with differing levels of approval required based on their age. People older than 16 years can solicit this change by themselves, while those aged 14 to 16 years may solicit this change only with the approval of their parents. Those aged 12 and 13 may also solicit a legal sex change with judge approval. The law does not allow people to switch to a non-binary gender, which does not exist in Spanish law. However, it does ban efforts to change people's gender expression, sexual orientation or sexual identity through conversion therapy.
The Andalusian autonomous government passed a gender self-identification (self-ID) law as early as 2014. It was proposed by the Asociación de Transexuales de Andalucía (ATA) Sylvia Rivera. 15 other Spanish autonomous communities passed self-ID laws before the Ley Trans was passed on the national level.
On the national level, the political confederation of Unidas Podemos, En Comú Podem, and En Marea on 23 February 2018 made a legal proposal for a self-ID law in the Spanish lower house, the Congress of Deputies. The proposal, titled Proposición de Ley sobre la protección jurídica de las personas trans y el derecho a la libre determinación de la identidad sexual y expresión de género, was also supported by the Federación Plataforma Trans. It included the rights to
The proposal provided for these rights to be without medical or psychological assessment, and without undergoing medical, surgical or other treatments.
The 2019 coalition agreement of the second government of Pedro Sánchez (Spain's 14th legislature) provided for the introduction of gender self-identification (self-ID). The coalition was formed by a triple alliance of Unidas Podemos, En Comú Podem (which co-sponsored the previous proposal), and Galicia en Común, and the Socialist Workers' Party, which received the most seats of the four parties. In 2020, at the beginning of the legislative period, the Ministry of Equality led by Irene Montero stated that it would develop a self-ID law. However, some Socialists such as Carmen Calvo blocked the law.
On 10 March 2021, Mar Cambrollé, president of the Federación Plataforma Trans, led a hunger strike of over 70 trans people and mothers of underage trans people. Two days into the strike, the parliamentary groups of Esquerra Republicana de Catalunya (ERC), Más País, Candidatura d'Unitat Popular (CUP) and Compromís registered a joint law proposition it would pursue if the government did not advance its trans law proposal at the Council of Ministers on 23 March 2021. This ended the strike.
On 17 March 2021, the Republican Left of Catalonia, Together for Catalonia, Más País, Coalició Compromís, Canarian Coalition, and Popular Unity Candidacy parties registered the draft, composed by the Federación Plataforma Trans, of what would later become the Ley Trans: the Proposición de Ley para la igualdad real y efectiva de las personas trans. The next day, on 18 March 2021, the draft was refused treatment by a vote with No votes coming from right-wing parties Vox and Partido Popular, and abstention from the Socialist Workers' Party. This refusal led the Federación Plataforma Trans to renew its call for unblocking the legal process and a boycott of Madrid Pride if no progress could be reached. It also led to the exclusion of Carmen Calvo, a member of the Socialist Party who opposed the draft, from the parliamentary negotiations.
On 29 June 2021, the Ministry of Equality presented to the Council of Ministers its draft for the Ley Trans. The document allowed for individuals over 16 years old to independently file for a change in legal sex without the need for a psychiatric report, as was required previously.
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Ley Trans
The Ley Trans (lit. 'Trans Law') is a 2023 law that permits gender self-identification in Spain. The law allows individuals to change their legal sex, with differing levels of approval required based on their age. People older than 16 years can solicit this change by themselves, while those aged 14 to 16 years may solicit this change only with the approval of their parents. Those aged 12 and 13 may also solicit a legal sex change with judge approval. The law does not allow people to switch to a non-binary gender, which does not exist in Spanish law. However, it does ban efforts to change people's gender expression, sexual orientation or sexual identity through conversion therapy.
The Andalusian autonomous government passed a gender self-identification (self-ID) law as early as 2014. It was proposed by the Asociación de Transexuales de Andalucía (ATA) Sylvia Rivera. 15 other Spanish autonomous communities passed self-ID laws before the Ley Trans was passed on the national level.
On the national level, the political confederation of Unidas Podemos, En Comú Podem, and En Marea on 23 February 2018 made a legal proposal for a self-ID law in the Spanish lower house, the Congress of Deputies. The proposal, titled Proposición de Ley sobre la protección jurídica de las personas trans y el derecho a la libre determinación de la identidad sexual y expresión de género, was also supported by the Federación Plataforma Trans. It included the rights to
The proposal provided for these rights to be without medical or psychological assessment, and without undergoing medical, surgical or other treatments.
The 2019 coalition agreement of the second government of Pedro Sánchez (Spain's 14th legislature) provided for the introduction of gender self-identification (self-ID). The coalition was formed by a triple alliance of Unidas Podemos, En Comú Podem (which co-sponsored the previous proposal), and Galicia en Común, and the Socialist Workers' Party, which received the most seats of the four parties. In 2020, at the beginning of the legislative period, the Ministry of Equality led by Irene Montero stated that it would develop a self-ID law. However, some Socialists such as Carmen Calvo blocked the law.
On 10 March 2021, Mar Cambrollé, president of the Federación Plataforma Trans, led a hunger strike of over 70 trans people and mothers of underage trans people. Two days into the strike, the parliamentary groups of Esquerra Republicana de Catalunya (ERC), Más País, Candidatura d'Unitat Popular (CUP) and Compromís registered a joint law proposition it would pursue if the government did not advance its trans law proposal at the Council of Ministers on 23 March 2021. This ended the strike.
On 17 March 2021, the Republican Left of Catalonia, Together for Catalonia, Más País, Coalició Compromís, Canarian Coalition, and Popular Unity Candidacy parties registered the draft, composed by the Federación Plataforma Trans, of what would later become the Ley Trans: the Proposición de Ley para la igualdad real y efectiva de las personas trans. The next day, on 18 March 2021, the draft was refused treatment by a vote with No votes coming from right-wing parties Vox and Partido Popular, and abstention from the Socialist Workers' Party. This refusal led the Federación Plataforma Trans to renew its call for unblocking the legal process and a boycott of Madrid Pride if no progress could be reached. It also led to the exclusion of Carmen Calvo, a member of the Socialist Party who opposed the draft, from the parliamentary negotiations.
On 29 June 2021, the Ministry of Equality presented to the Council of Ministers its draft for the Ley Trans. The document allowed for individuals over 16 years old to independently file for a change in legal sex without the need for a psychiatric report, as was required previously.