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Vox has presented this Wednesday in the Constitutional Court an appeal against the entirety of the call trans law. The challenge, signed by the parliamentary group, argues that the aforementioned rule raises numerous grounds for unconstitutionality and that with it “freedom of expression, ideological freedom and even freedom of business are limited in an unbearable way in our rule of law” . This Vox initiative represents the 47th appeal that it presents in the current legislature against all kinds of laws promoted by the Government and approved by Parliament.
The appeal questions that the Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people allows the decision of minors between 12 and 16 years of age “without permission or advice from their parents (nor from a report and medical advice) in a matter with as much importance as the extirpation or modification of the genital apparatus”; and adds that this not only prevents “parents from exercising their right and duty to guide, advise and accompany their minor children, but also their right to receive that help and assistance.” It is, however, a matter not contemplated in the law, which only talks about the administrative procedures to change the sex and name box in the Civil Registry and does not extend to the health field.
Vox believes that the law supposes “the absolute interference of the State in spheres that should remain in the strictly personal sphere”, because it suggests that the refusal of parents “to uncritically assume the vision of their children be considered as an indication of risk for the minor”. The challenge is also based on the consideration that “it is not for teachers, publishers, or the Administration to determine, but rather for parents (…) the incorporation of materials on LGTBI sexual orientation in school supplies.”
The appeal also considers the content of article 44.3 of the law to be particularly serious, since “it allows any person to request a registry change of their sex without having to prove anything in this regard, except their mere will to do so.” Vox estimates that this violates the principle of legal certainty, with consequences such as “a surprising increase in requests to change the registered sex, among others, in the prison population.” Until now, officially, there is a request to the management of a prison by an inmate, in Asturias.
The challenge also states that the trans law it addresses “a multitude of situations” in which “it can cause harm to women.” In conclusion, Vox considers that the new legislation infringes “the principle of legal certainty and criminal legality, the right to equality, freedom of thought or ideology, academic freedom” and freedom of expression, “as an institutional guarantee of other rights”. Among these, he cites “the freedom of business, the rights of parents, families and educational centers to education as well as the special protection that children and mothers have recognized in the Constitution and in deeply rooted international agreements such as the Convention on the Rights of the Child”. Hence, what he requests from the guarantee body is to declare the entire law unconstitutional.
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