Japanese Dolls Kokeshi

Change of name and gender in Mexico City, a right high cost unattainable


Among the transgender community in the city of Mexico has a motto: "Ya we do not want to be illegal or wet in our own land. "So fight for recognition of their new identity legal, ie that the name you chose and register their new gender in official documents. It is not a fad, is a right, claim those who opt for this decision. Until January 2009, when it amended the Civil Code of the Federal District, the previous identity is inscribed in the margin of the original birth certificate, giving rise to possible abuse. For this group, this is an achievement that is deleted, however, only a few exert its stratospheric cost.
have a name appropriate to his personality, recognizes Roshell Newfoundland, transgender activist, entrepreneur and journalist, opens the way girls and boys trans trans in the workforce, because " companies do not hire you and our opportunities are reduced to show business, fashion, aesthetics and what is today the work tip: sex work, the edge because we all have to live. "
Until 2008, the change of name and gender on the birth certificate represent payments between 100 thousand and 400 thousand dollars, an amount unaffordable for the average community. With the 2009 reform, lawyers' fees in the scenes of the process are listed between 8 000 and 40 000 pesos. It added about 15 thousand dollars for each of the two medical opinions required by the rule, plus the cost of hormone treatment, the letter of no criminal record and the record itself also other extra costs. A total of about 70 000 pesos, which, again, it is not available to the majority.
The possibility of rectifying the birth certificate was completed on January 13, 2009 with amendments, additions and amendments to the articles of the Civil Code for the Federal District: 134 (requiring that the procedure is done before the family court judge ), 135 fraction II (which provides for the rectification of the name by amendment), as well as aa 135 (which provides for the erection of a new birth certificate for reassignment sex-gender-matched).
When these reforms come into force on 13 March of that year, it was possible to change "a name or other essential element affecting the civil status, nationality, sex and identity of the person "in the birth certificate. This meant, for Victor Hugo Flores Ramírez litigator specializing in this topic, "Legal recognition at the institutional level in family law, what is transsexualism."
The legal history of reforms dating back to 2005 when a person got in the first instance the change of name and sex, but failed to be issued a new report. As the Civil Registry officials wrote their former identity in the range of your original birth certificate, the applicant appealed, but the sentence was confirmed. Therefore, the complainant, which considered that the entry violated its safeguards, as anyone would know his past identity-promoted direct protection against the confirmation.
The Supreme Court of Justice's Office appealed the appeal and ruled in favor of the complainant the order is issued a new birth certificate with the requested changes (in the calendar directly under 6 / 2008 related to the power of attraction 3 / 2008-PS). The court settled that the name could be rectified in the birth certificate not only a mistake, but "when there is need for it", ie when it has consistently used another name other than that noted in the record as only altered the report to identify that person.

The significance of the name

"I do not want to feel at a disadvantage with the rest of humanity. Beyond the name, it is a condition of life that need to be happy, "says Roshell Newfoundland. The meeting takes place in a room where a show, made up mostly of members of the transgender community or group T. That explains that "the major stigmas that gives us our country are: the rejection, discrimination, and urges them not to live with this vulnerability and fight for their identity. This blonde
business that provides steady employment a dozen people and others as independent and also holds her close family, does not bother you at the airport be called by the male name still appears on your passport. He smiles mischievously when he tells that U.S. immigration officials were not surprised that fact. "They are more used to," he says.
His name, now well known among policy makers, students, customers of its aesthetics and foreign colleagues, was the result of chance, since his partner was baptized just before the start of an artistic function. Justifies its decision to amend her birth certificate as a measure of consistency, Roshell says: "What I do is by thousands of people from Group T in my country who can not do so two months ago I told the lawyer: "Yes, iniciémoslo '."
The Standard is another story behind a new name. It is one of the six women transsexuals after the reform of 2009, decided to manage the change of name for sex reassignment. Their motivation is clear: "I think with a document that holds my name, I can resume lost some rights, such as labor, my heritage as a Mexican myself Savings System for Retirement and my contributions to the Instituto Mexicano del Seguro Social , among others. " Maintains a confident enthusiasm
encouraging their lawyer. Contemplate very close to the date of his birth certificate as the first name Norma holds, which is what his mother had wished for a daughter, followed by Elizabeth, because that really likes a lot. Describe that changing your name is not important "because we do that at any moment," but the record express gender without annotates his name and what kind I had before. "That is good!" Says Smiley is a graduate in tourism enterprises.
We are thrilled that he could request the correction of the record and immediately went to the Civil Registry to know the requirements, later, a lawyer friend offered to help and will charge only 10 pesos for everything. This sum, for her, as for many of her colleagues represents many months and days of work-when they do, and that remaining in the daily allowance for their families, to the acquisition of food or clothing with the hope of have a legal identity that will approach a better job. Standard
and attended the first hearing before the judge. Apparently, the judge hoped to see a person "mega operated (and draws with his hands the figure of" extravagant "), so that when he had before him, has not given any value judgments. "That gave me the confidence that everything will proceed well. May is scheduled to end everything, " celebrated.

- What happens if they deny your request?

"I have a year to reapply, but would lose what I already paid for it would be a retrial.

Locks

Before the 2008 reform, applicants must show evidence expert in psychology, endocrinology, genetics, psychology, psychiatry and sexology, the director of the firm refers Transexualegal, Victor Hugo Flores Ramírez. The current standard asked to live as people cross at least two years and undergo hormonal and psychological treatment to be evaluated in two surveys: one doctor and one psychological.
For Hazel Gloria Davenport, president of Trans National organization, this requirement is a lock to legal achievement of the trans community. Argues that with this measure, the right to identity of transgender people was left to "private specialists and entrepreneurs of psychology and sexology, because obtaining both surveys depends on your criteria. While some doctors lower the cost of their services to make them more accessible, this aspect is still dependent on individual criteria, said Davenport on 19 October 2009 at NotieSe, while proposed eliminating the requirement of expert or being practiced in health services public.
In parallel, applicants must show they meet a psychological and medical protocol, which also represents expenses for consultations, administration of hormones, etc..
Under pressure from transgender and supportive organizations in January 2009 launched the Scarlet Initiative, which the Ministry of Health, Federal District, through Condesa Specialty Clinic, supports hormone and psychological treatment to people transgender-they keep their bodies and change their physical appearance only, "and transsexuals-changing their sexual organs.
Another requirement for applicants for rectification is to check that they have not acted in bad faith or fraudulently, and that only seek to set its name to the social reality and therefore must submit to the authority of a proof of no criminal record. Faced with this lock, the State guarantees citizens their previous identity will not be supplanted or misused personal data. Neither
Standard Roshell or have raised this issue. Have been limited to strictly comply with all legal requirements, but do not get any warranty. "As far as I know, the previous birth is sheltered in the Registry for any legal thing to happen: a crime, they may know who I was before," says Roshell. The significance of this
legal gap, to Miguel Rabago, lies in inequality. Explain that while they insist on stigmatizing those who exercise their sexual diversity, will continue saying they are the ones who will misuse of such change. And never ask applicants what the State with the data from your old identity, suggests checking if the laws on access to public information "lessen these risks." Advice

in its infancy

10 years ago that Victor Hugo Flores Ramirez, pictured right, started the legal and scientific approach of transsexualism by the legal vacuum in this area. Has witnessed the two historical processes of rectification of the record: the pre-reform October 10, 2008, where the trial for legal identity change lasted three to four years, and after the reforms of January 2009, when the trial lasts four to six months.
There is no official statistics of records issued by gender reassignment. The only official statement of the Legal Counsel of the Federal District Government (GDF) on the subject was a feminist magazine, between April and May last year. "There were between 10 and 12 trials before the 2008 reform, and between 15 and 16 trials after the reform," says the examiner. In this regard, the Third 2008-2009 activity report of the Legal Counsel and Legal Services of GDF stands corrected the Civil Registry 2 000 77 minutes without differentiating which were in error or by request.
The low number of applicants indicates members of the transgender community and academia that legal services in this field still in its infancy. Miguel Rabago, Doctor of Laws from the University of Salamanca, Spain, training should be strengthened at the universities of the future judges, legislators and lawyers who will handle cases of correction of the record or to exercise new rights.
The high cost to exercise this new right to exclude a large part transgender community. Definitely stresses Rabago, justice is expensive and access is difficult, it is a structural problem.

Right and clergy

While thousands of women and trans men try to exercise this new right social, hardens the speech from the political opposition and the Catholic clergy, supported Roshell Newfoundland. Ensures that the political right "does not give the command to the clergy, nothing gives nibble" because it would mean a reversal of centuries. Consider that some politicians and the Catholic Church are hiding in those positions to have a "Mexican family completely free of sin." Warns that the more you pressure people to avoid T fighting for their rights, "more will come out" as well as attracting great solidarity.
view of the progress against discrimination, there are always responses from conservative groups, supports Dorbecker Miguel Rabago, coordinator of the Department of Law at the Universidad Iberoamericana. Seen as "extraordinary response" to reverse the trend towards the decriminalization of abortion in some states, most conservative tradition. Similarly, the director of the firm Transexualegal, Victor Hugo Flores Ramirez, explains that because "surprise" the reaction of the groups in power which joins the opposition to marriage between same sex, a fact that was proven last year.
The possibility that the right feed at the federal level is remote. Only through the Supreme Court's resolution would be formed in future case law to make it mandatory in all courts of the country, believes Flores. Victoria

bottom

The right to obtain a new identity in Mexico City law is a victory over discrimination against groups mistreated by the state and excluded from their rights, noted scholar of the Universidad Iberoamericana. Argues that the society of the capital is more sensitive to the demands of marginalized groups as the rest of the other states of the republic. In turn, Victor Hugo Flores believes that to prepare legal opinions and the initiative was embodied in the reforms of 2009, converged local government interests, the need for Lesbian, Gay, Bisexual and Transgender (LGBT) of forces civil society, as well as professionals in different disciplines that serve the transgender community.
Rabago, also specializes in defending human rights, said that reform was possible in Mexico City "because sometimes it is more democratic, with a broader middle class and better access to education, making it more tolerant and progressive to allow expression of rights differently.
further argues that, in general, the guild of lawyers is "very conservative" compared with sociologists and anthropologists. He admits that sometimes the courts take moral or religious views, "highly questionable" in the environment of a secular and inclusive conception of human rights, so that when it pollutes the moral right of speech, always excludes those sectors that do not share his vision.
This law is not a gift of the Legislature, he says, but the result of many years work by lesbian, gay, bisexual and transgender (LGBT gathered in the Collective), and other individuals.
The Portuguese sociologist Boaventura de Sousa Santos said that this is a legal victory that was developed from the bottom of the social base from the communities, neighborhoods and the different actors of civil society, as argued by the thinker in his research the law and globalization from below.
"Before this accomplishment, Roshell-review, it was believed that we were unable to organize. We watched as the poor relations of the community, the last step, the sewer of the community, dressed as we are named pejoratively. And now we see that in the social construction the right to a legal identity was decisive participation of us: Women tee.

ignorance and exclusion

Rocío Suárez Study of Discrimination and exclusion from employment of the population transvestite, transgender and transsexual Mexico City (UACM, July 2009), conducted in 13 of the 16 municipalities of the capital, reveals:
More than 84.2 percent of transgender people surveyed said to ignore the existence of a law that protects and defends discrimination.
54.8 percent of the community ignores the changes to the local law to have a new birth certificate gender reassignment.
82.4 percent said they were willing to get that new identity.
People who said they were employed and receive benefits of law they do in private, 76 percent of that sector said the process started in another job transgender.
hundred percent of trans people unemployed admitted he did not go to job training or unemployment insurance Federal District government for lack of official documentation.
64.6 percent of the community of Lesbian, Gay, Bisexual, Transgender and acknowledged having been an act of discrimination in the workplace.
54.8 percent are self-employed and the main cause of this form of work attributed to discrimination in the workplace and the lack of official documents to enter the labor market. International Environment



The October 13, 2009, Uruguay's Senate unanimously approved the Law on Change of Name and Sex allowing transvestites and transsexuals to change their birth certificates. The law, sponsored by Senators of the Frente Amplio, not forcing people to resort to surgery to reassign their sex, so Coitiño Mauritius, a member of the group Black Sheep, which includes gays, lesbians, transvestites, transsexuals and bisexuals, predicted that all trans people seek to do this step by "simple."
Spain, through the Regulatory Law Registry Correction of the indication of the gender of the people, the March 14, 2007, establishing the change of the record, in Argentina via authorizing prosecution of those who undergo operation reassignment, in the United Kingdom, the Gender Recognition Act 2004 allows those over 18 years, and that "living in the other gender", request official recognition, the Italian law No. 164 of April 14, 1982 requires applying the procedure Rectification of Award of the Sex transsexuals who apply for new identity, the Swedish Act of April 21, 1973, provides legal change sex for surgery.

Source: Digital Journal Transsexual