The Scottish parliament is expected to pass a law by the end of this year that simplifies the processes for transgender people to change the gender declared in their civil documents.
The project, as expected, is causing a lot of controversy in the country and may even lead to a legal confrontation with the central government of the United Kingdom.
There are already central laws that allow people to change their documents. But the process for doing so is time-consuming and considered invasive by some groups – something the Scottish initiative is seeking to address.
Currently, all applicants need to be screened during the process by a UK gender recognition panel.
In addition, they need to present two medical diagnoses proving the incompatibility between the person’s biological sex and their gender identity.
In addition, transgender people need to prove that they have lived for at least two years, full-time, in their gender experience. At the end of it all, they must swear that they intend to continue for the rest of their lives with their current gender experience.
The proposed new Scottish law removes any need for a medical diagnosis and reduces the period in which applicants need to have lived in their current gender to three months.
In addition, it lowers the minimum age for those interested in the process from 18 to 16 years.
It is important to remember here that the World Health Organization stopped classifying transsexuality as a mental disorder earlier this year.
The activist of the social movement of transvestites and transsexuals Marcella Alves Monteteiro told the CNN who is in favor of the Scottish proposal. “In a respectful society, we minimally expect citizens to respect other orientations and gender expressions that differ from their own, thus forming a cohesive and plural society. The experiences of others shouldn’t bother people who don’t experience them so much. This should be of a personal nature for each individual, this does not mean that the prevalence of specific legislation that guarantees them all rights is not extremely necessary”, she said.
The proposal, however, is facing three different types of opposition. Firstly, from conservative groups who are against any measure that might facilitate gender change.
A second group is made up of activists concerned that allowing someone to identify as transgender could impact women’s rights, which are enshrined in equality law.
This group is also concerned with access to exclusive spaces and services for women.
One of the most famous people in this group is the writer JK Rowling, creator of the Harry Potter books, who lives in Edinburgh. She sharply criticizes the Scottish government for the initiative, saying it will erode the achievements of women in recent decades.
The biggest opponent, however, is the UK’s own central government, currently dominated by Prime Minister Rishi Sunak’s Conservative Party.
The government claims that this type of legislation cannot be changed by the local parliaments of the countries that make up the United Kingdom: Scotland, Northern Ireland and Wales, in addition to England –which does not have its own legislature, since the central parliament is located in London and sets most of the country’s laws.
Sunak’s government is even considering taking the matter to court to stop the changes.
Some members of the Conservative Party even say that everything is nothing more than a maneuver by the Scottish government, led by Prime Minister Nicola Sturgeon, of the Scottish Nationalist Party, to portray the country as more liberal and different from English conservatives.
Behind this allegation would be the interests of Surgeon’s party to separate Scotland from the United Kingdom and return to being part of the European Union.
Source: CNN Brasil
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