Mexico takes another step in the recognition of gender change

mexigayRecently went public the new process of reform of the civil code of the Federal District of Mexico in terms of creation of new certificates regarding gender identity.

In the past it was demanded the applicant to present any clinical evidence or judgment that endorses the respective request. However, thanks to this new reform, applicants only need to meet certain requirements, established by the regulations and the manual of the institution, so they can obtain a new certificate.

According to Víctor Hugo Flores, lawyer, specialist in sex education and advocate for the rights of transgender and transsexual people “within the benefits of this administrative procedure of the Federal District, people are not required to present a clinical evidence or report indicating the respective condition”. Commented Mr. Flores. “This situation drastically changed, in comparison to the one established in 2008, and which had remained until the reformation of the 2014. With this administrative procedure, the person comes before the Civil Registration, presents the requested documents, makes a payment of administrative rights based on the civil code of the DF, and thus in a short time, they’re given a new birth certificate”.

On the other hand, one of the particularities of this new reform is that it puts aside the right of children to the recognition of their identity. The proceedings of the 2008 included children, who, through their legal representatives, could change their legal identity.

In 2006 it was presented a federal initiative to carry out a specific law relating to transsexuality. Then there were two other initiatives in the Chamber of Deputies, in various legislatures.

The obstacle which the other states of the country have faced is that constitutional reform entails a more difficult technical process than reforming a law, and making this reform a law for the whole country, requires time, much more effort and obstacles. However, this has not been an impediment so that the actions of advocacy, are taking place in different cities and states of Mexico as well as litigation strategies to advance in the recognition of gender identity that make possible that trans people can fully develop and their rights are respected.