Wednesday , September 28 2022

Everything you need to know about the "Law on Gender Identity" which was enacted today


"We owe diversity", said President Sebastián Piñera at the time of the promulgation of the Law on Gender Identity morning. In a ceremony at & # 39; La Moneda, and accompanied by the Minister of Justice Hernan Larrain, president led to a law that was & # 39; 5 years discussion.

The regulation, in the original project, seeks to include minors during the change of registration of sex, which has become one of the top stone, and & # 39; larger debate, within the parliamentary debate . But ultimately not included.

How will it work?

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The law sets out & # 39; it is the gender identity in your first article. It states that "consists of faculty & # 39; any person whose gender identity does not coincide with the sex and name their registration, which requires rectification & # 39; them."

He adds that "gender identity is understood as the personal conviction and internal & # 39; man or woman, as a person perceives herself".

This point was addressed by the President during the presentation, and said "I know that in Chile and around the world thousands of & # 39; people have different sexual orientation than that is their biological identity" and reiterated their commitment to safeguard them through & # 39; this case

Under the legislation, it can & # 39; involving or not the modification of the imagea a & # 39; & # 39 by people; freely chosen medical treatments. Therefore, a woman who looks at socially aspect related to women, but says that your identity is a man, you & # 39; perfectly change your registration sex.

"Everyone has the right to be recognized and identified according to their gender identity, in public and private instruments to accredit their identity in terms of name and sex," says Law. What protects your right to official records, they should match & # 39; the identity of the person.

Bases and law protections

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The new law also consider a series of & # 39; safeguards for people who choose to change their identity. Declaring their right to "non & # 39; patologizzazzjoni", ie, can not be treated as sick; likewise, the principle of & # 39; "non-discrimination" and "confidentiality" of its antecedents are safeguarded.

The principle of the dignity of the treatment is also included in & # 39; this point; the child's best interest; a & # 39; the progressive autonomy of the child.

As you & # 39; enter?

The law contemplates, among other things, that "every person & # 39; age can & # 39 ;, two times, and through the procedures provided by & # 39; this law, get sex rectification and name it appear individually in his birth certificate to be coinciding with their gender identity. "

"People & # 39; over fourteen and under eighteen years may request the rectification of the sex and name are shown individually in their birth certificate to coincide with & # 39; identity them. " However, once they get the majority of & # 39; age, may require a new adjustment in accordance with the procedures applicable '.

Application for children under 18

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In the event & # 39; those & # 39; over 14 and less than 18 years, the request must be submitted by the legal representatives or some of them.

Moreover they have to submit antecedents and foundations "whichever of & # 39; benefit greater than 14 and minor & # 39; 18 years" the sex registry change.

For this procedure, there will also be a hearing where the judge citing the child and the person who submitted the request within 15 days.

In addition, the law states that "big & # 39; fourteen and eighteen years may exercise their right to be heard directly before the judge and technical advisor, and express their willingness to change the registration of their name and gender, as well as consulting or given names they intend to replace those appearing on his birth certificate. "

Commitment to minors

Although children under 14 can not access this option, during the presentation of the law, the President Sebastián Piñera said that "the State will accompany them in & # 39; at any time," adding that it will have the tools necessary to protect and protect that child, that can & # 39; presents himself with his own Gender Identity in health services and education b & # 39; & # 39 diżjodu of; treatment.

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