The Government has already prepared and published the draft trans law with the aim of providing a stable regulatory framework and one more step in the effective exercise of the right to free gender self-determination. The Conselleria d'Igualat addresses the development of the rights of trans people, adults and minors, without shying away from any competence. In this framework, the draft establishes in the field of health that the opinion of minors between 12 and 15 years of age must be respected when accessing certain medical treatments. If their decision is not shared by the legal guardians, the text indicates that they may go to mediation.
The draft makes it clear that the right to free self-determination of gender identity and expression and the right to live free of discrimination are human rights, and with this trans-inclusive vision it elaborates a norm that enters into all matters of competence of the Generalitat. In the field of health, it also specifies that people aged 16 and over may access the medical services they require without the need for external consent. It is emphasized that all minors must receive information “adapted to their age, maturity and understanding” so that both the minor and their legal representatives can make “a free and informed decision.”
The Government's project thus wants to provide a stable legal framework for the rights and policies towards trans people after the Spanish Government approved the free self-determination of sex in the registries, but without entering into matters of regional competence. Thus, the portfolio of services in the field of health is established -hormonal treatments, fertility treatments...- and, likewise, the protection of diversity in gender identity in schools and universities is protected.
In the social sphere, the Government is committed to granting the Guaranteed Citizenship Income to trans people under 23 years of age and over 18 who have been victims of any type of violence or discrimination. In this violence it is contemplated having been expelled from their homes.
Regarding the powers of the Generalitat in sports matters, the draft indicates that trans people will compete under the same conditions according to their expressed gender identity.
Councilor Tània Verge's project will also introduce a third box corresponding to “non-binary” in administration documents, next to those for men and women. Likewise, a "gender identity communication" will be established to access the goods and services of the administrations while the registration change has not yet been carried out - or is not desired to be carried out.
The draft, with a detailed sanctioning regime, is in the public information phase, but once the final procedures have been completed, the question is whether it can count on the support of the groups to achieve its approval in Parliament. The Government places the debate on the rights of trans people in this final stretch of the legislature, and it is worth remembering the controversy and division in the Government that arose for more than a year when the then Minister Irene Montero presented her project. in Spain. At the moment in Catalonia, it does not seem that the PSC or Junts can give the green light to the initiative of the ERC Executive, as long as it has time to reach Parliament.
