The controversial law was approved by the Chilean Congress, after several years of struggle by LGBTI rights defenders in the southern country

September 12 was a historic day for the LGTBI community in Latin America, specifically in Chile. The Congress of this country decided to support the Gender Identity Law, which allows transgender people, over 14 years of age, to legally change both their name and their gender.

Leer en español: Chile: la Ley de Género es histórica para la comunidad LGBTI

According to the newspaper El Universal, the proposal was approved by 121 of the 181 congressmen, first in the Senate (26 against 14), in order to achieve the final triumph in the Chamber of Deputies (95 against 46).

Chile: Se aprobó la ley de identidad de género https://t.co/6iUSGzFRbq pic.twitter.com/EMhxxYTMuL

— Comunicadas (@ComunicadasOrg) 14 de septiembre de 2018

A social struggle

"We are in the presence of a historic event, which we celebrate with great emotion and joy because it will improve the quality of life of thousands of people who have been delayed their dignity and rights only because of prejudices in relation to gender identity", said the representative of the Movement of Homosexual Integration and Liberation (Movilh, in Spanish) Álvaro Troncoso, in statements collected by El Comercio.

However, the struggle of transgender people to achieve this historic failure was not at all easy. "This is a bill that has had a long process (…) of four years", explained in January this year the former Secretary General of Government Paula Narvaez.

By then, the project had been approved by the Chilean government, led by then-President Michelle Bachellet, and the Inter-American Commission on Human Rights ( IACHR ), says El Espectador.

Now, that was just one big step before the real final battle: the approval of the National Congress. For the month of August (Wednesday 22), the intervention of the two Chilean parliamentary chambers was planned, beginning with the Senate. However, according to Publimetro Chile, the vote in the Upper House was interrupted by protesters opposed to the proposed law, so it had to be postponed until the first days of September.

"Trans people should then continue to wait for their rights to be respected," criticized Rolando Jiménez, leader of Movilh, that day.

Finally, both the Senate and the Chamber of Deputies decided to support gender legislation, only a few weeks after the unforeseen event.

La ley de identidad de género no viene a cambiar a nadie, solo viene a reconocer la existencia de un grupo históricamente discriminado. #LIGAhora pic.twitter.com/CIWQnvwT38

— Fundación Iguales (@IgualesChile) 16 de septiembre de 2018

Also read:  Latin America: The LGBTI community and their struggle to claim their rights

It is not enough

The fact of considering 14 years as the minimum age to be able to accede to gender change was legally applauded among the defenders of the transsexual struggle. However, for some sectors, this age range may be discriminatory with trans children.

"It is quite regrettable that girls and boys are not included in the bill; they are subjects of rights as well as adults", said Jimena Lizama, legal director of the Iguales Foundation, as quoted La República of Peru.

This disagreement is not new at all, as revealed by BBC. Some parents do not consider that the 14 years are the "relevant" age to choose or not a change gender. "Many transgender boys and girls do not reach the age of 14, commit suicide, or arrive with much damage to their mental health", said Monica Flores, a social activist for the rights of transgender children, in conversation with the British media. .

Therefore, Monica, along with many other parents and advocates of the LGTBI community , believe "that gender identity is a human right (…) therefore there is no age to prohibit or authorize it. We have testimonies of children of 5, 6, 7, 8, 9 years who have made their transit and live their gender identity. So, why not to give them the right to be recognized in their country?", said the president of Renacer Foundation.

"Many trans children do not reach the age of 14, they commit suicide, or they already arrive with a lot of damage to their mental health" 

With all this, the approved law only contemplates people over 18 with the legal right to change their sex or in the case of young people between 14 and 18 years, to do so with the authorization of one of their parents / guardians and "the approval of a family court," explained La Nación.

Also, the Argentine newspaper explained that once President Sebastián Piñera sanctions the Law, the State will be obliged to detail each one of the regulations of the same, in a span of six months.

LatinAmerican Post | Christopher Ramírez
Translated from "Chile: la Ley de Género es histórica para la comunidad LGBTI"