Name of the Act/s

Ley 4/2023, de 28 de febrero, para la igualdad real y efectiva de las personas trans y para la garantía de los derechos de las personas LGTBI

Date of entry into force of original text

1, March, 2023

Date of Text (Adopted)

February, 28

Type of text

Law /Ley

If federal State

 X Federal level

□ State level (specify the State)

If Regional State

x State level

□ Regional level (specify the Region/Comunidad Autonoma)

Enacted by

Government/Congress of Deputies

Reference to the Constitution (art)

Article 9.2: “1. The human dignity, the inviolable and inherent rights, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace”.

Article 10.1: “The human dignity, the inviolable and inherent rights, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace”.

Article 14: “Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance”.

Subject area

Rights and Liberties; Human Dignity; Equality.

If the act implements a source of EU Law: cite the relevant EU legal source

Secondary sources/ doctrinal works (if any)

Comment

This law recognizes, for the first time in Spain, the right to gender self-determination. Any person may change their sex when they so declare. The need for medical and psychological reports is eliminated, as well as undergoing a hormonal process. The only established requirement is to make a statement before the competent administrative authority (Civil Registry). A guarantee clause is introduced, since within three months the person must ratify their request for a change of sex.

From the age of 16, the exercise of the right to gender self-determination is free. If the will to change occurs between the ages of 14 and 16, the permission of the minor's parents is required. In case of discrepancy, the final decision rests with the judge. The decision on the change of sex will correspond to the judge if the minor is between 12 and 14 years old.

The change of sex produced is reversible: the trans person may request to resume their original sex, once six months have elapsed since they exercised their right. The will to modify for a third time is submitted to judicial control. In these cases, the judges must determine whether or not there is legal fraud.

Thanks to this law, the rights of lesbians, bisexuals or single women who express their willingness to access assisted reproductive techniques in the field of public health are recovered. In this line, lesbian and bisexual women are recognized, without the need to be married, the right to filiation, by registering their children in the Civil Registry. Another especially relevant novelty refers to the express legal recognition of transsexuality, incorporating the regulation of a series of rights in favor of people in this situation.

Available Text

https://www.boe.es/boe/dias/2023/03/01/pdfs/BOE-A-2023-5366.pdf