Current Affairs

Issue

Spain has adopted a new legislation allowing individuals above the age of 14 to change their gender without medical examination or hormonal therapy.

 

Background

Gender identification is a very tricky concept. In most of the countries, a medical report is needed for changing the gender officially.

 

Details

• The current law in Spain mandates individuals to undergo hormonal therapy for two years followed by a psychological evaluation.

• The new legislation will remove all such requirements. Individuals between the ages of 14-16 years will still need parental approval.

 

Gender self-identification

• Self-identification concept believes that an individual must be able to identify their gender officially without facing a medical test.

• This demand has been prevalent across the world, including in India by liberal groups and also LGBTQ organisations.

• The existing process is lengthy and involves extensive therapy sessions and later a detailed mental diagnosis.

• In countries such as Denmark, Brazil, Argentina, Colombia, Greece, Ecuador, Luxembourg, Costa Rica, Malta, Denmark, Portugal etc allow self identification.

• In some countries such as Denmark, for gender change, a reflection period is needed. In Portugal, changing gender for a second time requires going to court.

 

Self-identification process in India

• Protection of trangender rights is done through Transgender Persons (Protection of Rights) Act, 2019 in India.

• An application has to be submitted to the District Magistrate for changing gender. Parents are also allowed to make the application.

• There are plans to set up welfare boards for transgender persons so that they will get better access to schemes for transgender.