03-14-2019 Equipo OTD

The Gender Identity Law passed undefeated through the Constitutional Court



On Thursday, 25 October, the Constitutional Court of Chile established that the recently approved Gender Identity Law is constitutional, leaving the text as it came out from the Congress in September.

Now, the government has a maximum period of 30 days for its enactment, to be published in the Official Gazette. Subsequently, it will be created the regulation of the norm during the next six months, and then, four months more for the implementation and information of the named document.

The implementation of the Law will directly affect on the Civil Registry Service, which is in charge of the Ministry of Justice as well as the Ministry of Social Development and Health. Therefore, a trans person who wish starts the process of name and sex change under this regulation, must wait until September of 2019 approximately.

For the coordinator of legislation and public policy of OTD Chile, Franco Fuica, the step through the Constitutional Court was the last filter of the Law, which will allow trans adults and adolescences persons change their name. The first step is the Civil Registry and the second one is legal proceedings through the Family Court.  It has to be emphasized that the Law also recognizes the right of migrants and married persons, who must to be divorced to access the modification.

“We have been waiting many years to finally move forward concretely in the recognition of the trans identities of Chile.  “The step through the Constitutional Court was the last barrier that could modify some approved article by the Congress, that is why we are so glad that was completely approved and without objections.  Now, we have to work to create a regulation according to the spirit of the Law, which is the first step for a peace living of our community and basics rights be in force.  Proposals for amendments are coming in order to make this law wider without excluding nobody.

Translated by: Javiera Saavedra R.

 


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