Transsexuality in Spain: Close to legal solutions

Politics and Governance, 2020

Since 2012, 16 laws granting rights to trans individuals have been passed in Spanish regions. How can we assess the quality of these laws? Do they all profoundly and positively transform trans people's well-being? Do they tackle the economic marginalization of trans people? Do they have a symbolic impact? Using multidimensional criteria, I analyze trans-specific and LGBTI+ antidiscrimination policies to define trans-positivity in policymaking. This article uses feminist theory to judge this legislation's value, contrasting that with the insights of activists and policymakers interviewed for this purpose. Benefiting from the discussion between Nancy Fraser (1995) and Judith Butler (1997), the quality of trans legislation can be assessed by looking at both cultural recognition and economic redistribution. In addition, following Andrea Krizsan and Emanuela Lombardo (2013), I also analyze these laws through the lens of empowerment and transformation. Having made the elusive relationship between sexuality and political economy in trans laws in Spain visible, I call for greater imagination to envisage other sorts of political actions for trans people.

Health and Human Rights, 1999

The problem of changing the civil status of transsexuals has been tackled in different ways in various European countries. Six applications made by transsexuals have led to judgments by the European Court of Human Rights. These cases illuminate some specific aspects of the relationships between health, law, and human rights, including criteria used to determine gender and the impact of authorities' refusal to modify civil status, which may be seen as violating the right to be free from inhuman or degrading treatment; respect for the private and family life of transsexuals; and the right to marry. Only one Court decision found a State party (France) to be in violation of the ECHR for refusing a transsexual the right to change civil status. This judgment, however, has left open a number of outstanding issues. Le problerme du changement de l'tat civil des transsexuels a et6 l'objet d'approches diverses dans les differents pays d'Europe. Six requetes de la part des transsexuels ont abouti a des jugements a la Cour Europeenne des Droits de l'Homme (CEDH). Ces cas illustrent certains aspects specifiques des rapports entre la sante, le droit et les droits de la personne y compris les crite'res de determination du genre et l'impact du refus de la part des autorites de modifier l'etat civil, ce qui peut etre considere comme une violation du droit de ne pas subir de traitement d6gradant ou inhumain, du droit au respect de la vie privee et de la vie de famille des transsexuels et du droit au marriage. Un seul jugement de la Cour a declare qu'un etat (la France) avait manque aux regles de la CEDH pour avoir refuse a un transsexuel le droit de changer son etat civil. Neanmoins ce jugement n'a pas retpondu a de nombreux autres questions qui ont ete laissees en suspend. El problema de cambiar la condicion civil de los transexuales se ha abordado de diferentes maneras en distintos paises europeos. Seis solicitudes hechas por transexuales han requerido dictimenes por parte de la Corte Europea de Derechos Humanos. Dichos casos sirven para esclarecer algunos aspectos especificos de la relaci6n entre salud, legislaci6n y derechos humanos tales como los criterios utilizados para determinar el genero y el impacto producido por el rechazo de las autoridades a peticiones de modificar el estado civil. Este rechazo puede ser visto como una violaci6n al derecho de no sufrir un trato inhumano o degradante, al respeto por la privacidad y la vida familiar de los transexuales, y al derecho a casarse. Solamente en uno de estos casos, la Corte encontr6 que un Estado signatario (Francia) habia violado la CEDH al denegar el derecho de un transexual a cambiar su estado civil. Este dictimen, sin embargo, deja sin resolver un amplio espectro de asuntos.

Archives of Sexual Behavior, 2009

The aim of this study was to examine the characteristics of transsexuals from Spain. A total of 252 consecutive applicants for sex reassignment were evaluated using a standardized semistructured clinical interview and the Mini International Neuropsychiatric Interview (Spanish Version 5.0.0) to record demographic, clinical, and psychiatric data. Transsexualism was diagnosed in 230 patients, with a male to female (MF)/female to male (FM) ratio of 2.2:1. Transsexual patients frequently had low employment status, lived with their parents, and mainly had a sexual orientation toward same-sex partners. The most frequent psychiatric diagnoses were adjustment disorder and social phobia in both groups, and alcohol and substance-related disorders in the MF group. MF transsexuals were older than FM transexuals when requesting sex reassignment, but did not differ in age when starting hormonal therapy (often on their own); fewer MFs were in employment requiring high educational qualification, more were non-Spanish natives, and more had previous and current histories of alcohol and substance abuse or dependence. The basic characteristics of transsexuals from Spain were similar to those of other European countries, except for the higher proportion of patients living with their parents and the higher proportion of MFs who reported same-sex sexual orientation compared with previous studies. Table 1 Summary of selected previous studies of transsexualism Study Method Results of parameters compared with our study Australia Ross, Wålinder, Lundström, and Thuwe (1981) Questionnaires sent to all psychiatrists in Australia, asking how many transsexuals had been seen in the preceding 2 years (272 transsexuals) MF:FM sex ratio: 6.1:1 Belgium De Cuypere, Jannes, and Rubens (1995) Psychological and psychiatric evaluation to 65 applicants at a Gender Identity Clinic. Thirty-five met diagnosis for transsexualism and were admitted to the program for SR therapy (22 MFs and 13 FMs) MF:FM sex ratio: 1.7:1 No diagnosis of transsexualism: 30 of 65 participants excluded Applying for SRS before age 30: more FMs (84.6%) than MFs (31.8%) Education: more basic and lower secondary in MFs (68.2%) than in FMs (38.3%), but the difference was not significant Employment: more FMs (84.6%) were employed or were students than MFs (54.5%) Partner: more stable relationships in FMs (53.8%) than in MFs (27.3%) Previous marriage with opposite sex: more frequent in MFs (45%) than FMs (0%) Sexual orientation: more MFs (27.3%) with heterosexual preference than FMs (0%) Axis I comorbidity: higher percentage in MFs (22.7%) than in FMs (0%) Previous psychiatric treatment: similar in MFs (45.1%) and FMs (28.5%) Previous abuse or alcohol and/or drugs: similar in MFs (50%) and FMs (61.5%) De Cuypere et al. (2007) Demographic questionnaires completed for 412 transsexuals who had undergone SRS MF:FM sex ratio: 2.43:1 Mean age when requesting SR: MFs (32.7 years) older than FMs (28.5 years) Education: most had reached first years of secondary school (98%) or last years of secondary school (65%), and only 19% had a degree from a university or college or further education. No differences between sexes were found Employment: more MFs were unemployed (52%) than FMs (35%) Partner: 40% had a partner (married or living together) at first consultation Previous marriage with opposite sex: more in MFs (19%) than in FMs (4%) Canada Blanchard, Clemmensen, and Steiner (1987) Chart and questionnaires of 136 males and 73 females with complaints of gender dysphoria, after excluding 12 cases MF:FM sex ratio: 1.7:1 No diagnosis of transsexualism: eight out of 136 (5.8%) Partner: 46.2% of males and 49.3% of females had cohabited with a partner of the same biological sex Sexual orientation: more males (73/136) were with sexual preference for the opposite biological sex (heterosexual) than females (1/73) Previous hormonal therapy: before presenting at the clinic, 45.6% of males and 8.3% of females had taken sex hormones Arch Sex Behav

Archives of Sexual Behavior, 2015

This study examined the sociodemographic characteristics and the psychological adjustment of transsexuals in Andalusia (Spain), and also analyzed the differences between female-to-male (FtM) and male-to-female (MtF) transsexuals. The sample included 197 transsexuals (101 MtF and 96 FtM) selected from those who visited the Transsexual and Gender Identity Unit at the Carlos Haya Hospital in Malaga between 2011 and 2012. Our analyses indicated that MtF transsexuals were more likely to have lower educational levels, live alone, have worked less frequently throughout their lifetime, and have engaged in prostitution. For FtM transsexuals, there were more frequent references to the mother's psychiatric history and more social avoidance and distress. Multivariate analysis showed that the number of personality dysfunctional traits and unemployment status were associated with depression in the entire sample. The following three conclusions can be made: there are significant differences between MtF and FtM transsexuals (mainly related to sociodemographic variables), depression was high in both groups, and a remarkable percentage of transsexuals have attempted suicide (22.8 %) or have had suicidal thoughts (52.3 %).

Transgender Health: Advances and New Perspectives [Working Title]

When rights are guaranteed through public policy, the probability of becoming de facto rights rather than just de jure rights is greatly increased. On the one hand, the conditions and mechanisms for its implementation are created or, at least, foreseen, and the conditions for effective access by all people to the rights in question are reviewed. This is the case of Portugal in promoting the rights of trans people, following a consolidated public policy on equality and gender (since 2007). The countries in Europe (European Union) have adopted different perspectives and paths ahead regarding the definition and implementation of comprehensive public policies for trans people. Previous studies about Portuguese case reveal that health, work, but also rights in the family and sexuality, are fragile domains, which place trans people in a situation of great vulnerability. Adopting a participatory methodology, the chapter presents the diversity in political and ideological positions and deba...

Working from an interdisciplinary perspective, this article examines the development of gender identity categories and the institutionalization of sex-reassignment procedures based on two different qualitative studies carried out during a 10-year span with transexual and transgendered people, activists and legal experts. In the context of the legal, social and political frameworks regulating gender migration in Spain in the last decade, the data reveal the proliferation of gender identity categories amidst increasing medicalization of trans folk, boundary policing and a growing tension between medical and political understandings of gender migration.

The human rights of transgender or transsexual people and their absence in the workplace (Atena Editora), 2023

Las personas transgénero o transexuales tienen los mismos derechos laborales que los heterosexuales, sin embargo vemos que estos son excluidos de sus derechos humanos por el simple hecho de tener alguna preferencia sexual diferente al resto de los demás. Es importante que los compañeros y las organizaciones promuevan la inclusión y el respeto hacia las personas transgénero o transexuales en los espacios laborales, implementando políticas y prácticas que garantizan el pleno ejercicio de sus derechos humanos. Esto contribuirá a crear entornos laborales más justos, inclusivos y respetuosos para todas las personas.

2007

Hungarian-with an English summary . 2 The questionnaire was published on the websites of TranSexual Online <http://tsonline. uw.hu/>, pride.hu, hatter.hu. Calls for transgender respondents were also published in the printed press (Mások, Magyar Narancs). 3 Age range: 19-77. 4 Eight of the professional interviewees take part or have taken part in the health care provision for transsexuals as psychiatrists (4), a clinical psychologist, a surgeon, a urologist and a geneticist. A sociologist and an ethologist were also interviewed: although their activities were not closely related to the health care services available for transgender people we hoped to get additional insight from their fields.

International Journal of Transgenderism, 2018

Introduction: The process of sexual reassignment has been a topic of political, medical, social and anthropological debate. Sex reassignment is characterized as the process that individuals who do not identify with the gender they were assigned at birth go through in order to correct what they believe is appropriate. Objective: To identify the difficulties faced by transsexual citizens during the process of sexual reassignment. Method: The work carried out followed the precepts of an exploratory study, through bibliographic research following the stages: 1st selection of the most relevant databases and articles on the process of sexual reassignment, from the last 5 years (2016-2021) which resulted in 36 national articles, 4 international articles and 2 books taken from the Google Scholar, Scielo, PUBMED, LILACS, MEDLINE databases, in Portuguese, English, Spanish and French. 2nd data collection with selective and exploratory reading, followed by recording the information collected. 3rd analysis and interpretation of the results after analytical reading of the data collected. 4th discussion of the results, after in-depth analysis of the theoretical references relating to the subject of the study. Results: In relation to this phenomenon, it is understood that the purpose of the correction, in the case of transsexuals, is the marked disharmony between sex and gender, which sometimes causes unbearable suffering, arising from the coercive force of gender on sex, suffering that impels them to demand that medicine intervene in the real body. Faced with this reality, various outpatient-surgical methods have been offered to these individuals, but it is clear that there are many obstacles to achieving this process.