Gender self-determination in Europe : special focus on the Spanish case

Abstract

This paper examines one of the issues that lead to the depathologisation of trans people, gender self-determination. It is presented as the right that allows trans people to be treated socially and legally recognised as persons of the gender they determine themselves to be, without obstacles or the need to present medical or psychological diagnoses or any other requirements. This paper firstly takes a brief historical overview and analyses the current situation of transgender people in Europe. From a legal perspective it examines international recommendations and case-law and it analyses the cases of the nine European countries that already have a trans law that includes gender self-determination. The third chapter focuses on Spain, where since 2017, there have been attempts towards the depathologisation of trans people (in line with what has been happening internationally), to modify the procedure for the change of legal sex and for the approval of a state LGTBI+ law that contains the concept of gender self-determination. 14 of the 17 autonomous communities in Spain already have a trans or LGTBI+ law that includes gender self-determination. However, when the attempts to pass a state law began, several tensions, confrontations and ruptures arose within the Spanish feminist movement. From a philosophical-political perspective, we analyse the different arguments of both sides and their opinions regarding the preliminary draft law approved by the Council of Ministers on 29 June 2021. The preliminary draft law is then legally analysed and some improvements proposed. It concludes by proposing a rapprochement between feminisms to walk together, fighting against common enemies: patriarchy and discrimination.