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Last Version
| Region | Spain |
| Issue | Legal recognition of non-binary gender |
| Status | Ambiguous |
| Start Date | 2023 |
| End Date | (none) |
| Description | To intersex people, legal recognition is more about the right to change their legal gender and to declare self-determination of their sexual identity. Some intersex rights organizations are against the notion of a third gender classification because they consider that it a cause of discrimination and other forms of gender-based violence. However, third gender classifications are necessary because some intersex people do not identify as a man or woman. The law in Spain does not recognize the existence of non-binary genders, and for this reason it can be difficult to change genders legally. |
| Sources | https://www.boe.es/buscar/pdf/2023/BOE-A-2023-5366-consolidado.pdf https://www.huffingtonpost.es/politica/personas-binarias-tercera-casilla-quedan-fuera-ley-trans.html https://www.huffingtonpost.es/entry/asi-queda-la-ley-trans-autodeterminacion-del-genero-y-fin-de-las-terapias-de-conversion_es_63a41002e4b0d2fe764fe7ee |
Revision History (4)
deleted by qcksws. Just because intersex people are given discrimination protections doesn’t mean they are able to identify this way legally on documents. Also unless intersex people are defined in that law then its valid entry
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0 | Old Value | New Value (Current) |
|---|
| Old Value | New Value | |
|---|---|---|
| Value | Not legally recognized | (REMOVED) |
| Special Status | Not legally recognized | Ambiguous |
| Start Date | (unknown) | 2023 |
| Description | Law 4/2023 modifies article 49 of Law 20/2011 of the Civil Registry to provide that, in the event that the birth report indicates the intersex condition of the person born, the parents, by common agreement, may request that the mention of sex appear blank for a maximum period of one year. After the maximum period of one year, the mention of the. Sex will be mandatory and registration will have to be requested by the parents. There is no third sex option available in national documents. | To intersex people, legal recognition is more about the right to change their legal gender and to declare self-determination of their sexual identity. Some intersex rights organizations are against the notion of a third gender classification because they consider that it a cause of discrimination and other forms of gender-based violence. However, third gender classifications are necessary because some intersex people do not identify as a man or woman. The law in Spain does not recognize the existence of non-binary genders, and for this reason it can be difficult to change genders legally. |
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| Old Value (Original) | New Value | |
|---|---|---|
| Value | Intersex only | Not legally recognized |
| Start Date | Dec 22, 2022 | (unknown) |
| Description | The trans law mentions that when registering the birth of the intersex newborn, the mention of the sex can be blank for a maximum period of one year (it also prohibits surgeries for intersex people up to 12 years of age). This recognizes the rights of Intersex people, but there is still no recognition of any non-binary identity in official documents. | Law 4/2023 modifies article 49 of Law 20/2011 of the Civil Registry to provide that, in the event that the birth report indicates the intersex condition of the person born, the parents, by common agreement, may request that the mention of sex appear blank for a maximum period of one year. After the maximum period of one year, the mention of the. Sex will be mandatory and registration will have to be requested by the parents. There is no third sex option available in national documents. |
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| Sources | https://www.huffingtonpost.es/entry/asi-queda-la-ley-trans-autodeterminacion-del-genero-y-fin-de-las-terapias-de-conversion_es_63a41002e4b0d2fe764fe7ee | https://www.boe.es/buscar/pdf/2023/BOE-A-2023-5366-consolidado.pdf https://www.huffingtonpost.es/politica/personas-binarias-tercera-casilla-quedan-fuera-ley-trans.html https://www.huffingtonpost.es/entry/asi-queda-la-ley-trans-autodeterminacion-del-genero-y-fin-de-las-terapias-de-conversion_es_63a41002e4b0d2fe764fe7ee |
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