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What it is

Bill would let trans people self-determine their identity without medical requirements

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 23 February 2018. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill on the legal protection of trans people and the right to free determination of sexual identity and gender expression.

Follow this law

Source: Congreso de los Diputados, file 122/000191· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would recognize everyone's right to freely determine their sexual identity and gender expression, without requiring medical reports or proof, and would require all public administrations, entities and individuals to respect it.
  2. It would create a registry procedure for people 16 and older to change their registered sex and name, with the option to register sex as Femenino (female), Masculino (male) or No Binario (non-binary). Minors under 16 could request it if they understand the decision, or through their legal representatives.
  3. It would remove the sex data from national ID cards, passports and other identification documents, and would reissue diplomas and certificates with corrected data at no cost to the person.
  4. On health care, it would include hormone treatments, surgeries, prosthetics and voice treatments for trans people in the public health system's covered services, ban conversion therapies, and guarantee that no one is subjected to treatments they do not want.
  5. On employment, it would classify trans people as at risk of social exclusion, reserve a share of public job openings for them, give tax deductions to private companies that hire them, and exclude transition-related absences from the absenteeism count for dismissal.
  6. The bill would repeal Law 3/2007, which required a medical report and two years of treatment to change registered sex, and would amend several laws to add sexual identity and gender expression alongside sexual orientation in anti-discrimination bans.

Who it affects

  • Trans and non-binary people: They could change their registered sex and name by self-determination, without medical reports, and would receive protection and health care services.
  • Minors under 18: They would be included in the right to self-determination, with special rules based on age and maturity.
  • Foreign residents in Spain: They could change sex and name on their residence card if their home country prevents it or puts them at risk.
  • Public administrations and companies: They would have to respect the stated gender identity, with public job quotas and tax incentives for hiring trans people.
  • Schools, sports bodies and the media: They would have to respect students' and participants' names and identities, and treat trans realities respectfully.

Words worth knowing

Rectificación registral (registry correction)
Changing the sex or name data recorded in the Civil Registry, the official registry of individuals.
Expediente gubernativo (administrative proceeding)
An administrative process before the Civil Registry, with no need to go to court.
Terapias aversivas (conversion therapies)
Treatments that try to change or suppress a person's sexual identity or gender expression.
Cupo de reserva (reserved quota)
A share of public job openings set aside for a specific group, in this case trans people.
Despido objetivo (objective dismissal)
Dismissal for objective causes, such as absenteeism, not for employee misconduct.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced23 February 2018Someone registers the text in the Congreso.
  2. Admitted27 February 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Mar 2018Jun 2018Sept 2018Dec 201811. 23 February 2018: Presentación22. 27 February 2018: Boletín Oficial de las Cortes Generales Publicación desde 27/02/2018 hasta 02/03/201833. 27 February 2018: Calificación44. 2 March 2018: Gobierno Contestación desde 02/03/2018 hasta 11/04/201855. 11 April 2018: Pleno Toma en consideración desde 11/04/2018 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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