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SPANISH LAW

As Spain advances trans rights, other early adopters hesitate

As Spain prepares to adopt a law simplifying the process for self-identifying as transgender, other countries that introduced similar legislation are applying the brakes over the complexities involved in this highly sensitive issue.

As Spain advances trans rights, other early adopters hesitate
A protester wears a mask during a rally to mark Transgender Day of Remembrance, in Madrid, on November 20, 2022. (Photo by OSCAR DEL POZO / AFP)

Spanish lawmakers gather Thursday to approve a transgender rights bill letting anyone 16 and over change gender on their ID card.

That will make it one of the few nations to allow it with a simple declaration.

It is the final hurdle for legislation that has caused a major rift within Spain’s fractious left-wing coalition, as the country gears up for a general election later this year.

Until now, adults in Spain could only request the change with a medical report attesting to gender dysphoria and proof of hormonal treatment for two years. Minors needed judicial authorisation.

The law set to be passed Thursday drops all such requirements, with anyone as young as 12 now able to apply, although only under certain conditions.

Supporters say the need for laws to safeguard trans rights has taken on a new urgency with the sharp rise in people reporting gender dysphoria — the distress caused by a mismatch between a person’s biological sex and the gender with which they identify.

READ ALSO: What is Spain’s Trans Law and why is it so controversial?

Politically divisive

But in recent years, several European nations which pioneered transgender legislation have had second thoughts.

Among those who have reimposed restrictions are Sweden and Finland, while in the United Kingdom, Westminster last month blocked a Scottish trans rights law similar to Spain’s.

The bitter dispute over transgender issues played a role in Wednesday’s shock resignation of Scotland’s First Minister Nicola Sturgeon.

Although she had championed the law, Sturgeon became entangled in a major row over transgender women entering all-female prisons following a rapist case that sparked public outcry.

A year ago, Sweden decided to halt hormone therapy for minors except in very rare cases.

In December, it limited mastectomies for girls wanting to transition to a research setting, citing the need for “caution”.

The decision followed moves by Finland, which decided to restrict gender reassignment hormone treatment for similar reasons in 2020.

In Spain, the bill generated deep political and ideological divisions within its left-wing coalition government, driving a wedge between activists in its powerful feminist lobby and LGBTQ equality campaigners.

The law was championed by the equality ministry, held by the radical left-wing Podemos, which says it will “depathologise trans lives and guarantee trans people’s rights”.

Spain’s Minister for Equality Irene Montero (C) poses for pictures with activists as they gather to celebrate after a vote in favour of a transgender rights bill in front of the Spanish Congress of Deputies in Madrid, on December 22, 2022. (Photo by JAVIER SORIANO / AFP)
 

‘An important step’

Campaigners said Spain was setting an example that would encourage others to follow suit.

“Spain is taking an important step with the approval of this law, because it will encourage other countries to follow our example that human rights must be above any ideology,” said Uge Sangil, head of FELGBTI+, the largest LGBT organisation in Spain.

She dismissed the idea that other frontrunners were taking a step back from moves to advance trans rights.

“It’s important to clarify that there is no backtracking, not in the UK, nor in Sweden,” she said.

“In the UK there is a law but it’s at a standstill, but they haven’t gone back on it… and in Sweden, they are reforming the trans law to advance in rights.”

But other voices have warned that gender self-determination could spell difficulties ahead that will need addressing. They include Reem Alsalem, the UN rapporteur on violence against women.

“Nations need to reflect on whether someone with a male biological sex, once they have acquired their female gender certificate, should be able to access all programmes and categories designed for biological women,” she told El Mundo daily earlier this month.

Ahead of Scotland’s vote, Alsalem wrote a strongly worded letter to the UK government outlining her concerns, which played a role in its unprecedented veto of the Scottish law.

At Thursday’s session, Spanish lawmakers will also pass another law bolstering access to abortion services in public hospitals, and allowing 16- and 17-year-olds to terminate a pregnancy without parental consent.

It will also grant paid medical leave to women suffering from severe period pain.

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SPANISH LAW

Ley ELA: What is Spain’s new neurodegenerative disorders law?

Spain's new 'ALS Law' has been expanded to include all other neurodegenerative disorders such as Alzheimer's, Parkinson's and Huntington's. Here's what you need to know.

Ley ELA: What is Spain's new neurodegenerative disorders law?

What is Spain’s ELA law?

La ley de ELA (ELA law) was initially created for (and named after) people suffering with Amyotrophic Lateral Sclerosis – a degenerative illness that affects around 4000 Spaniards.

The law has seen several iterations in recent months and drafts have been presented by different parties with different alterations and amendments.

It was originally put forward by the centre-right opposition Partido Popular to modify 2006 legislation on Personal Autonomy and Care for dependent persons, and included a specific set of changes for patients diagnosed with ALS, with the underlying aim of speeding up diagnosis and increasing benefits for care.

Why is legislation needed?

In Spain, it is estimated that there are over 1 million people and families affected by a neurodegenerative disease. Due to the characteristics of these disorders and the changing (namely ageing) demographics of Spanish society, their prevalence is increasing. Many struggle to get the appropriate care they need in a timely manner.

The ELA law aims to speed up these processes and better coordinate care between health and social services.

READ ALSO: Older and more diverse: What Spain’s population will be like in 50 years

With regards to ELA specifically, it has long been felt that further legislation was necessary to improve the lives and care of ELA sufferers.

“It is absolutely necessary and humanely essential. We cannot allow people to choose to die every day for economic reasons, when what they really want is to live,” said the Spanish ALS Association in March when previous proposals were put forward.

Why is it back in the news?

Essentially because various parties have put forward drafts and the government coalition of PSOE-Sumar has now made its own proposal, expanding the law beyond ALS suffers to include other neurodegenerative disorders, such as:

  • Alzheimer’s disease and other memory disorders.
  • Ataxia.
  • Huntington’s disease.
  • Parkinson’s disease.
  • Motor neurone disease.
  • Multiple system atrophy.
  • Progressive supranuclear palsy.

What does the government propose?

By expanding the scope of neurodegenerative disorders covered by the law, the Ministry of Social Rights wants to include the more than 1 million people in Spain who suffer from them, and to give them the benefits previously outlined for ALS sufferers.

In broad strokes, this means creating quicker responses so that people who have been diagnosed with neurodegenerative diseases and need care can be assessed and access, in the shortest possible time, the services and benefits available to them.

What will the law actually do?

According to a statement from La Moncloa, one of its main objectives is to “rationalise and reduce procedures as much as possible, to ensure that there is no significant time lag between the process of a disease and the response offered to sufferers by public administrations in all areas.”

The Health Ministry will also update the previous Approach to Amyotrophic Lateral Sclerosis, which dates back to 2017, to incorporate new goals and actions in the care of people with ALS.

Recommendations for the broader Neurodegenerative Diseases Strategy related to prevention, care and research will also be implemented.

It will include a review of the National Health System’s Portfolio of Services, within the Commission on Benefits, Assurance and Funding of the Inter-territorial Council of the National Health System, with regard to neuromuscular diseases, especially in the field of orthoprosthesis.

Coordination between health and social services will be improved, recognising the role of Spain’s regional health services in establishing the necessary coordination procedures so that patients can access multidisciplinary, continuous and “as individualised as possible.”

It will also introduce a benefit (bono social eléctrico) for family’s of neurodegenerative patients that are dependent on a machine connected to the grid.

When will it finally pass?

It’s unclear, despite the fact that most parties in the Spanish Congress are behind the legislation. The final bill should pass fairly easily, however, though it’s unclear when a final vote will actually be held.

Spain’s Minister for Social Rights, Consumer Affairs and Agenda 2030, Pablo Bustinduy, said this week he is “convinced” that it will be passed during this legislature, swearing that his department will do everything in its power “to achieve it” as soon as possible.

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