"We have to respect diversity," said President Sebastián Piñer at a time when he announced a law on gender identity this morning. Following a ceremony at La Moneda and accompanied by Hernán Larrano, Justice Minister, he went to a law that has been in an interview for 5 years.
The regulation has attempted to include minors in the original project when changing sex registration, which has become one of the top stones and a larger debate in parliamentary debate. But in the end it was not included.
How will it work?
The law determines what gender identity is in your first article. He states that "it consists of the ability of any person whose gender identity does not meet his or her sex and registration name, to demand the correction of those persons."
He adds that "gender identity will be perceived as a personal and internal belief that he is a human being or a woman, just as one perceives himself".
This point was dealt with by the president during the presentation and stated that "I know that thousands of people in Chile and around the world have a different gender identity than their biological identity," and reaffirmed their commitment to providing them with legal protection
By law, this may or may not involve a change in appearanceand people through freely chosen treatments. Therefore, a woman who looks with an aspect that is socially related to women but says that your identity is a person can perfectly change the registration sex.
"Everyone has the right to be recognized and identified according to their sexual identity in public and private instruments that accredit their identity with regard to their name and sex," the law says. What protects your right to official records must match the identity of the person.
Fundamentals and law protection
The new law also considers a number of safeguards for people who choose to change their identity. It states their right to "non-diagnosis", ie they can not be considered ill; the principle of "non-discrimination" and "confidentiality" of its predecessors is maintained.
This also includes the principle of dignity of treatment; best interests of the child; progressive autonomy of minors.
How to access?
The law assumes, among other things, that "every person in legal age can only twice and through the procedures prescribed by this law obtain the gender correction and the name with which he appears in the birth certificate individually, so that they are in parallel with their gender identity."
"Persons over the age of 14 and under the age of eighteen may apply for gender correction and the names they appear on their birth certificates individually to match their gender identity." However, once they reach the majority, they may require a new correction in accordance with the procedures they apply. "
Request for children under 18 years of age
In the case of persons over the age of 14 and below the age of 18, the application must be submitted by legal representatives or some of them.
In addition, they will have to submit antecedents and foundations, "according to which a change in the sex registry is beneficial for the age of 14 and under 18.
This procedure will also include a hearing where the judge puts the minor and the person who filed the application within 15 days.
The law further states that "a majority of fourteen and under eighteen years of age may exercise the right to be heard directly before a judge and a technical adviser and express their willingness to change their sex and registration of names as well as to consult or the names with which they intend to replace those that appear on his birth certificate. "
Undertaking with minors
Even though children under the age of 14 will not have access to this alternative, President Sebastián Piñer said during the bill that "The State will be accompanying them all the time" and added that they will have the necessary protection and protection tools that can present themselves with dignified treatment Sexual Identity in Health Care and Educational Services.