Legal advice

[theqnoumenon]

Hi, everyone!
As some of you must know I'm Q, new here.
I only wanted to say that as a Spanish student of Law and being familiar with the Civil Register here I can offer free legal advice through here to those who are in need of it when legally transitioning in Spain. I know that we are only a few from Spain in this forum, but I want to do my bit.
Please feel free to ask anything about this, I'll try to answer as soon as college allows me

[Fresas con Nata]

Awesome! ^^

You probably know about the Community of Madrid law that was passed one year ago. It made provisions for LGTBI peope to be able to have an ID card with the correct name and gender. I can provide more info on this if needed, in case I'm incorrectly assuming that lawyers (and students) know everything (just like grannies assume that programmers know how to repair their washing machine!)

A few months ago I visited the legal service offered by the Madrid LGTBI programme (http://www.madrid.org/cs/Satellite?c=CM_InfPractica_FA&cid=1142615119862&idConsejeria=1109266187278&idListConsj=1109265444710&idOrganismo=1109266227679&language=es&pagename=ComunidadMadrid%2FEstructura&pv=1142342354467&sm=1109266100977 —sorry for the huge link ) and I asked about this. I was told that, despite the local government having six months from the law being passed in order to develop it (Spanish term is "desarrollar"), they hadn't done so and my best chance to get an ID was to go by Zapatero's 2007 law. Yeah but that requires waiting for two years!

Do you happen to have more information, maybe some recent developments on this area, about the Community of Madrid ID card?

[theqnoumenon]

Yeah, I know about it and I've read the law, but as you say, they're still developing it and it hasn't been put into practice yet. It's a pity, but at least they have passed the law and we can expect it to be applied sometime in the near future!

About what you say, the problem is that the change of the "legal sex" and name is a competence of the Civil Register, which depends on the Ministry of Justice and, therefore, on the Central Government, so you'll need to follow the process of the 2007 Law (Ley 3/2007, de 15 de marzo, reguladora de la rectificación registral de la mención relativa al sexo de las personas, https://boe.es/buscar/doc.php?id=BOE-A-2007-5585) and all the requisites of art. 4 (including the one of the 2 years). No regional Law can affect this process (maybe yes if there is some kind of local ID, what do you mean with it?), so Regional Governments only can offer free services to help you, but not too more.

I'm sorry I can't help more, that's the Law now. Nonetheless, there is movement in the Congress to propose (and probably pass) an integral trans Law during this year.

PD: if you don't understand something please tell me, I'm not used to explaining this sort of legal stuff in English and I may have committed some errors.

[Fresas con Nata]

(maybe yes if there is some kind of local ID, what do you mean with it?)

I mean regional law, article 7, point 2 (liberal translation):

"In order to offer a better integration and avoid situations of suffering [...] the Community of Madrid will provide anyone who asks for it with the acreditations matching their gender identity required for the access to administrative services."

I understand "acreditations" to be kind of an ID card local to the community, and invalid outside. We have had this law for one year and no "acreditations" still.

[theqnoumenon]

I saw it, but in the art. 17 of the regional law 3/2016. I don't really have information about a regional ID, but as you say, it would not be valid outside Madrid  and will need development. Maybe they are referring too to other documents issued by them, like the social insurance card and regional documents.

Nonetheless, the official name and sex in Spain still depends on the Civil Registrer


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[Fresas con Nata]

I saw it, but in the art. 17 of the regional law 3/2016.

Oh I had no knowledge of that one. Funny to see "LGTBIphobia" in a legal text

Thanks for placing such an offer here. Why not post it in the spanish section? I know it's pretty quiet but you never know if there's someone who reads only there.

[theqnoumenon]

hahaha yes.
I think it's the newest law in Spain, at least while we are waiting for the national one.

You're welcome, I only want to do my bit here. That's a good idea, I'll post it later on the Spanish section ^^

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