Share

Share this

Share on Facebook Share on Facebook Tweet Share on Twitter Share on WhatsApp Share on WhatsApp

SUBSCRIBE TO THE NEWSLETTER

By Constanza Valdés*, from Santiago, Chile 

On September 12, the Chamber of Deputies approved the joint committee's report on the bill recognizing and protecting the right to gender identity, thus concluding the five-year process for this initiative in Congress. The vote was hailed as historic, as it was the first time in Chile that a bill was passed recognizing the gender identity of trans people as a right and regulating a procedure for changing their name and sex in the registry for recognizing this identity. With this, Chile joins the list of countries that expressly recognize the right to gender identity of trans people and create special regulations on this matter.

[ALSO READ: #Chile Deputies approve gender identity law: it's law]

The bill, approved by both chambers, is structured according to the following points: 1) The incorporation of the right to self-perceived gender identity; 2) The inclusion of principles and guarantees applicable to the right to gender identity; 3) The regulation of procedures for changing the name and registered sex for persons over 18 years of age, adolescents, and persons with an undissolved marital relationship (before the Civil Registry and Family Courts, respectively); 4) Articles relating to equality and non-discrimination based on gender identity and expression; and 5) The regulation of multidisciplinary professional support programs for children and adolescents. Regrettably, since the necessary quorum for the inclusion of children in the initiative was not reached, all provisions regarding their registered changes are deemed rejected.

“A minimum standard for trans people”

While the passage of a gender identity law in Chile is a historic event, this motion is not without its critics . In this regard, the bill: simplifies the right to gender identity to a simple registration change; excludes the right to access hormonal treatments and surgical interventions with informed consent; requires the presentation of two witnesses attesting that the applicant understands the legal implications of the request; excludes children from exercising their right to gender identity; and establishes a very broad procedure for changing the name and sex of adolescents on their registration, without allowing adolescents to personally request rectification in line with their progressive autonomy . These are just some of the main criticisms we can make of the bill.

[READ ALSO: Being trans and living in Chile: 10 things you need to know]

From the above, it is clear that the bill has two main objectives: first, to regulate the right to gender identity and a procedure for changing it does not delve into the regulation of the economic, social, and cultural rights of trans people, nor does it address the structural discrimination that the trans population has historically suffered. Therefore, this law stands as a minimum standard for the trans population and constitutes the starting point for legislative discussions on the remaining rights of trans people.

Training on diversity and gender in the State

This law poses numerous challenges, not only in its implementation but also in the future. Regarding the first point, training and education on sexual and gender diversity is vital for the Civil Registry and Family Courts, which will be the competent bodies to hear name and sex changes. It is contradictory that the initiative regulates the right to self-perceived gender identity and then requires that this procedure be carried out before a Family Court. Therefore, it is important for the Family Judge to be able to reconcile this with the powers granted by law, taking into consideration the importance of gender identity recognition in adolescents.

[ALSO READ: #LIG Demands Exclusion of Children Under 14 Before the IACHR and the UN]

The role of the Government

Regarding the future, the discussion should focus on the challenges that come with recognizing the gender identity of trans people. These challenges relate not only to the economic, social, cultural, and political rights of trans people but also to our notion of family and family relationships in society. Social security and access to employment for trans people are other realities that cannot continue to be ignored, and the Chilean State must begin addressing them. Legislative discussions cannot solve all the problems facing the trans population in Chile, and this directly challenges the government to develop the appropriate public policies to advance the material equality that the trans population is still far from achieving. We hope that the approval of this law will indeed be the first step.

*lawyer, trans activist and gender advisor,