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In a short speech, the President promulgated the new law that recognizes the right to gender identity of transgender people from the age of 14 and referred to the "discussions and controversies" of parliamentary debate, with reference direct to the division that generated this issue in the ranks of Chile Vamos. In order not to continue shaking the waters, especially with the IDU, no congressman was invited to the ceremony. It is now up to the government to give effect to the law, and badual minority organizations have urged the government to give priority to enacting the corresponding regulations.
On this historic day for the human rights of transgender people, and after The President of the Republic, Sebastián Piñera, adopted Wednesday a law on gender identity that recognizes the right to recognition of the transgender people. identity of transgender people since the age of 14.
An adoption ceremony of the standard was held without the participation of parliamentarians, which was regretted by members of congress and badual minority organizations.
The absence of senators and MPs drew attention, particularly because of its emblematic character. Legislation However, he has for explanation the difficult debate that had the law in Congress, which highlighted the fracture that caused the problem in Chile Vamos, the ruling coalition. On one side, La Moneda was deeply influenced by this rule, while the parliamentarians of the IDU and some IAs rejected it and even resorted to the Constitutional Court to try to torpedo.
The Speaker alluded to these differences in his brief speech of enactment. from the standard where he was accompanied by the Minister Secretary General of the Presidency, Gonzalo Blumel; The Minister of Justice, Hernán Larraín, and the leaders of LGBTI organizations.
"Without worrying about being very aware of the debates, of the controversy that took place during the debate on this law, as President of Chile, I am fully convinced that We are taking a step in the good direction, "said the President during an intervention of about 8 minutes, also expressed to mark an event of this nature.
"Many people have long struggled and made contributions for this gender identity bill to see the light of the sun.We acted responsibly, cautiously and sensitively. This is a complex issue, I am perfectly aware that opinions are sometimes very different and that the President of the Republic must do what he thinks is good for society and especially to interpret the good of the Constitution. " said the governor who, before promulgation, had lunch with relatives of transgender people and organizations of badual diversity.
For the Movilh leader, Rolando Jiménez, the absence of parliamentarians represented an "inexpressible exclusion." "In particular, we repudiate the representatives of the Mixed Commission who saw this law with good eyes and who were essential to radically improve and change the initial deficient project, have been left out. "
Among the parliamentarians, there were also reactions. for the lack of invitations. "Happy with this promulgation, it's one of my queries, but what a pity they're not inviting …," said Sen. DC Ximena Rincon on Twitter.
Regulations
Once the law is promulgated, a point where organizations such as Iguales and Movilh insist that the government insists that the regulation is dictated not to delay its entry into force .
"This law is a substantial step forward for the rights of the trans community, because it expresses the recognition of the law as your identity, but it is urgent that the regulations be approved as soon as possible so that the law comes into force. as soon as possible, "said Juan Enrique Pi, CEO of Iguales.
According to Article 28 of the law on gender identity. stipulates two regulations: one, in charge of the Ministry of Social Development, with the signature of the Ministry of Health, refers to the programs of accompaniment of the gender transition; the other deals with the requirements and accreditation for the name change and registration bad, which will be the responsibility of the Ministry of Justice.
In this sense, Jimenez said that he hoped that "the regulation governing the law on gender identity would soon come into effect". its development with the help of all interested social movements. We hope that the Ministry of Social Development, in charge of regulation, guarantees this participation, acting differently from the Ministry of Justice, which has always acted outside of civil society "
What the law establishes [19659011] Adolescents aged 14 to 18, as well as adults, may be called to the bar, and in the case of 14 to 18 year olds, the application will be made to a family court and the young person will have to support of at least one of its legal representatives or guardians.
For adults who do not have a valid marriage, the application for name change and bad registration can be made to of civil status, with the accompaniment of two witnesses who realize that the applicant understands the legal scope of an application
For married persons over 18, the request must be made before a family court, where both If the application is accepted, the judge will terminate the marriage, so that the parties, for all legal purposes, will be considered divorced, thereby preserving all rights and obligations acquired prior to the change.
Under 14 years old.
The law excludes children under the age of 14, an aspect that Movilh hopes to settle with another bill. "We regret that, because of prejudice, the ignorance or transphobia of married persons and children under the age of 14 have been excluded from the law, which violates the right to comply with the family and especially the the best interests of the child is a clear violation of human rights which we hope will be corrected as soon as possible with a new draft law, "they told Movilh, reporting of the new battle that is announced in this affair.
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