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"We must respect diversity," President Sebastián Piñera said during the promulgation of the law on gender identity this morning. At a ceremony in La Moneda, accompanied by Justice Minister Hernán Larraín, the president gave the green light to a law under discussion for five years.
The draft regulation, in its original draft, was intended to include minors when recording the bad change, which has become one of the cornerstones and the most debated parliamentary debate. But eventually, she was not included.
How will it work?
The law defines gender identity in your first article. It states that "it consists of the faculty of any person whose gender identity does not match their gender and their registration name to seek their rectification".
He adds that "gender identity must be understood as the personal and internal belief of being male or female, such that the person perceives himself."
This point was addressed by the President during the presentation, stating: "I know that in Chile and in the world thousands of people have a gender identity different from that which is their biological identity" and reiterated their commitment to grant them a guarantee through this law.
According to the legislation, this may or may not involve the modification of the appearance to of persons by freely chosen medical treatments. Therefore, a woman who looks socially connected to a woman, but who says that her identity is a man, can perfectly change the bad of her recording.
"Everyone has the right to be recognized and identified in accordance with their gender identity, in the public and private instruments that accredit their identity with respect to their name and bad," says the law. What protects your right as your official documents, these must be consistent with the person's identity.
Bases and Guarantees of the Law
The new law also considers a series of resguardos for people who choose to change their identity. He affirms their right to "non-pathologization", that is to say that they can not be treated as sick; similarly, the principles of "non-discrimination" and "confidentiality" of its antecedents are safeguarded.
The principle of the dignity of treatment is also included in this point; the best interests of the child; progressive freedom of minors.
The law provides, inter alia, that "any person of full age may have up to two times the required legal age and in accordance with the procedures provided for by this law., Obtain rectification of the bad and name with which appears individualized in your birth certificate so that they coincide with your gender identity. "
" Persons aged 14 or under at age 18 may request rectification of bad. which they appear individualized in the act of birth so that they coincide with their gender identity.However, once they reach the age of majority, they will be able to request a new rectification in accordance with the relevant procedures. "
Application for minors under 18 years of age
For persons over 14 years of age and under 18 years of age years, the request must be pr presented by the representatives. Welsh or none of them.
In addition, they will have to provide a background and foundation "that it is beneficial for bad rebadignment in the under-14 and under-18 registry".
For this procedure also, there will be a hearing in which the judge will call the minor and the person who filed the application within 15 days.
In addition, the law provides that "a person of fourteen and under eighteen years of age may exercise his right to be heard directly before the judge and a technical advisor express in favor of the change of bad and registration of the name, as well as of the first name or names with which they intend to replace those appearing on their birth certificate. "
minors
Although minors under 14 years old n & # 39 have no access to this alternative, when presenting the law, President Sebastián Piñera said that "the state will accompany them at all times", denied that they will have the necessary tools to protect and protect said minor, who can present himself with his own badual identity in the health and education services enjoying dignified treatment.
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