The judge of the Civil Registry of Ourense has just granted the registry rectification of sex in his birth certificate to an eight-year-old ‘trans’ minor. The boy, who has been called Alejandro since he was five years old, will now see her sexual identity reflected in the official documents, in which she appeared as a woman since her birth.
This decision, signed by Judge Darío Carpio Estévez Pérez, dates back to June 10, but it was made known this Monday, coinciding with the approval in the Council of Ministers of the Trans Law project, which allows the change of sex in the registration without medical or psychological report from the age of 12 with certain conditions and from the age of 16 autonomously.
The family of this minor had already requested the change of name five years ago and in May of last year began the process in the Civil Registry for the rectification of sex. In September, a first order was denied, appealing to the “lack of maturity” of the child, but now they have obtained an order in which the judge recognizes that “there is room for the rectification of the minor’s birth certificate due to modification and change in the indication of sex, that of “Woman”, said indication must be to that of, “Male””.
The Euforia Familias Trans-Aliadas association, which advises the family, appealed the first denial order before the General Directorate of Legal Security and Public Faith, appealing to the fact that in that resolution the minor’s lack of maturity was argued without having conducted a personal interview with him. . They managed to have the decision revoked and go through the process so that the minor appeared before the judge with the aim that “the degree of maturity of the registered person is assessed and, depending on the result, a new resolution is issued. “.
The new judge held a personal interview with the minor and now issued this new order, in which he states that he has “sufficient maturity” and “enjoys a notorious and evident emotional and sensitive stability” and “is, without a doubt, in a stable situation of transsexuality” in order to carry out the correction of the registration certificate.
The magistrate bases this change on data obtained in his school environment, family and group of classmates and friends and also points out that, in his school facet, he is “a very awake minor” who obtains very good qualifying grades, the majority of remarkable and outstanding.
He also stresses that it is “of notorious importance” that he is surrounded by certain environments, “certainly positive” and that “as a person, he has thought for a long time as a man.”
In this regard, the judge maintains that the minor had already raised his gender dissonance and incongruity with his parents in 2018 and that, after conducting his investigation, he confirms that “gender dissonance that the minor suffers and has been suffering,” which “He has been thinking and acting like a man for years.”
In addition, he sees “certainly important” that this “clear dissonance with that of a man that he truly feels and for whom he has been acting since his birth” persists over time against the registration certificate as a woman.
The order cites two rulings of the Supreme and Constitutional Courts, the Spanish Constitution and the European Charter of Human Rights and concludes that “if the right to sex registration rectification is aimed at the free development of personality, limiting its enjoyment to persons of legal age is a deprivation of said constitutional principle to minors”.
It also adds that “the lack of legitimacy of minors to rectify their sex in the civil registry means denying them their right to sexual identity”, which is “essential for the free development” of their personality and dignity, to ” avoid undermining their right to moral integrity, intimacy and private life” and to “avoid harmful repercussions on their health in a broad sense”.
The president of Euforia Familias Trans-Aliadas, Natalia Aventín, concludes that this order from Ourense is “a very important advance in the fight for the rights of the trans collective” and highlights as especially relevant that “it has been issued without presenting medical reports of any guy and for an eight-year-old.
In this case, the minor’s family refused to submit medical diagnosis and treatment reports and from Euforia they point out that a forensic report agrees with them in concluding that “the World Health Organization (WHO) does not consider transsexuality as a disease or pathology, but as a condition consisting of an inconsistency between the assigned gender and the felt gender, so it is not a process that should be stabilized”.
The report, which is cited in the first order, states that gender identity is usually formed in different stages between two and five years of age through certain social behaviors (way of dressing, calling each other, playing or relating) and “It is not a decision of the person, but a feeling of the same”
Also from this entity it is highlighted that the prosecutor’s office already at the beginning of the process recognized that, in accordance with the new Civil Registry Law, it lacks legitimacy in this type of file to request this type of medical diagnosis and treatment reports. Faced with this situation in Ourense, they bring to the fore the actions of the prosecutor’s office of the Civil Registry of Puerto del Rosario in Fuerteventura, which months ago appealed the favorable order to rectify the sex of Lois, a nine-year-old girl.
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