24 hours after the entry into force of the Trans Law, officials denounce that they still do not have "the appropriate instructions, the forms or the necessary training" to adequately assist people who go to the Civil Registry starting tomorrow to start the procedure to change your registered sex. They claim to be beginning to receive the first queries but not to be "prepared to attend to them."
The Independent Union and Officials Central (CSIF), the majority union in the Administration, demands "clear instructions" from the Ministry of Justice to be able to apply the new law "correctly", which has been published today in the Official State Gazette (BOE) and that starting tomorrow it will recognize gender self-determination for trans people. So they will be able to change their gender for all legal purposes without medical reports or two years of hormonal therapy, two requirements that were required until now.
The complaint of the officials has a lot to do with the relevant role that the Trans Law gives them in the procedure, which is regulated in article 44. "The person in charge of the Civil Registry will inform the applicant of the legal consequences of the intended rectification , including the reversion regime, as well as the assistance and information measures that are available to the applicant throughout the registration rectification procedure in the health, social, labor, educational and administrative fields, including protection measures against discrimination, promotion of respect and promotion of equal treatment. Likewise, it will inform the legitimate person of the existence of associations and other organizations for the protection of rights in this area to which they can go", says this point of the rule.
That is why CSIF underlines the problems of the lack of information. The law, he explains in a press release, "is technically complex for the purposes of the Registry and grants the public employee an active participation in attending to the demands for information and the legal consequences." In the appearance, the union deepens, "the worker of the Civil Registry must inform of the legal consequences of the rectification." And right now the officials lack all that information or specific instructions in this regard.
Sources from the Ministry of Justice tell this newspaper throughout today that a circular will be made with the information in this regard, which the Ministry of Equality must first provide, where, among other things, the legal consequences of the law will be explained. "A minimum information will be provided today to the civil registries so that they have it tomorrow, the day it comes into force, without prejudice to continuing to work on its improvement," these sources emphasize.
As for other aspects of the procedure, the department led by Pilar Llop ensures that the records are prepared because they have been rectifying sex records since 2007. "The only novelty that is now introduced in the procedure, in practice, simplifies the process by not people interested in this change have to present supporting documentation of any kind", say the sources consulted.
The procedure for a trans person to change their gender at the Civil Registry is done with a double appearance. In the first, the request is presented to rectify the registry mention of sex. Then you will be summoned within a maximum period of three months to ratify that request and choose, if you want, a new name. Once the request has been reiterated and ratified again, the person in charge of the Civil Registry, after checking the documentation in the file, will issue a resolution on the requested registry rectification within a maximum period of one month from the date of the second appearance. Therefore, in a maximum period of four months it will be completed.
This is for people over 16 years of age, for whom free gender self-determination is complete. Minors under that age must meet other requirements. Those 12 and 13 years old will have to go through a judge. Those aged 14 and 15 will have to complete the process at the Civil Registry with the assistance of their parents to demonstrate that they have their permission.
According to the criteria of The Trust Project
